Privacy Act of 1974; System of Records, 34971-34974 [2017-15749]
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Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
[Docket No. DHS–2017–0024]
Privacy Act of 1974; System of
Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of New Privacy Act
System of Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is establishing a
new Department of Homeland Security
system of records titled, ‘‘Department of
Homeland Security/ALL–039 Foreign
Access Management System of
Records.’’ This system of records allows
the Department of Homeland Security to
collect and maintain records on foreign
nationals who request physical or
information technology system access to
the Department of Homeland Security
and other U.S. Government partner
agencies for which the Department of
Homeland Security provides screening
support. These individuals may include
dual citizens and lawful permanent
residents representing foreign interests;
lawful permanent residents providing
construction and contractual services
for the Department of Homeland
Security and other U.S. Government
partner agencies; foreign visitors to
fusion centers or tribal, territorial, state,
and local government homeland
security programs; and reported foreign
contacts of Department of Homeland
Security and other U.S. Government
employees outside the scope of the
employee’s official activities required
for personnel security purposes.
Additionally, the Department of
Homeland Security is issuing a Notice
of Proposed Rulemaking to exempt this
system of records from certain
provisions of the Privacy Act, elsewhere
in the Federal Register. This newly
established system will be included in
the Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
August 28, 2017. This new system will
be effective upon publication. Routine
uses will be effective August 28, 2017.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2017–0024 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
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SUMMARY:
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For
general and privacy-related questions,
please contact: Jonathan R. Cantor, (202)
343–1717, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) is
establishing a new DHS system of
records titled, ‘‘DHS/ALL–039 Foreign
Access Management System of
Records.’’
DHS is publishing this system of
records notice to provide transparency
on how DHS collects, uses, maintains,
and disseminates information relating to
foreign nationals who seek access to
DHS and partner U.S. Government
(USG) agency personnel, information,
facilities, programs, research, studies,
and information technology (IT)
systems. The DHS Office of the Chief
Security Officer (OCSO)/Center for
International Safety & Security (CISS)
Foreign Access Management (FAM)
program uses the Foreign Access
Management System (FAMS) to manage
the risk assessment process for foreign
nationals requesting access to DHS and
partner agencies. DHS is responsible for
conducting screening of all foreign
nationals and foreign entities seeking
access to DHS personnel, information,
facilities, programs, and IT systems,
including: Dual U.S. citizens and lawful
permanent residents (LPR) representing
foreign interests; and foreign contacts
and foreign visitors reported by DHS.
This SORN also covers the screening of
LPRs who provide construction or
contractual services (e.g., food services,
janitorial services) to the U.S.
Government, and DHS or USG federal
employees that sponsor foreign national
access to USG facilities or report foreign
contacts who have met and/or
befriended such contacts and visitors
outside the scope of the employee’s
official duties.
As part of a government-wide pilot,
DHS will also conduct foreign access
management screening activities for
federal agencies other than DHS
participating in the pilot. DHS may also
screen foreign visitors to fusion centers
or tribal, territorial, state, and local
government homeland security
programs.
Lastly, DHS uses FAMS records to
screen foreign contacts of DHS
employees outside the scope of the
employee’s official activities. DHS and
other USG employees and contractors
with access to Sensitive Compartmented
Information or other special program
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access have a responsibility to report all
foreign contacts that are of a close,
continuing personal association and any
contacts with known or suspected
intelligence officers from any country.
Reporting of contact with foreign
nationals is not intended to inhibit or
discourage contact with foreign
nationals. Rather, it permits the
Government to manage and assess the
risk posed by certain foreign individuals
who seek to exploit personal
relationships for purposes of collecting
classified or sensitive information.
Foreign nationals accessing DHS or a
partner USG agency in any of the
capacities listed above undergo DHS
screening. In addition, foreign nationals
may be screened as a result of foreign
contact reporting for personnel security
purposes. The foreign national
screening process consists of both
internal and external identity checks.
The OCSO/CISS validates the foreign
national identifying information
provided.
DHS shares vetting, as well as any
security anomalies or derogatory
information identified through the
vetting process, with DHS components
and partner USG agencies. DHS will
maintain information on any security
incidents or suspicious activities
recorded during the foreign national’s
access to DHS or partner USG agencies.
The information is shared by secure
means commensurate with the
classification of the information to be
shared.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/ALL–039 Foreign Access
Management System of Records may be
shared with other DHS Components that
have a need to know the information to
carry out their national security, law
enforcement, immigration, intelligence,
or other homeland security functions. In
addition, DHS may share information
with appropriate federal, state, local,
tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
However, to limit the scope of sharing
with foreign partners, DHS will consider
a foreign entity’s ability to safeguard
personally identifiable information (PII),
and its commitment to and history of
safeguarding such information, when
determining whether to share records
containing PII.
Additionally, DHS is issuing a Notice
of Proposed Rulemaking to exempt this
system of records from certain
provisions of the Privacy Act elsewhere
in the Federal Register. This newly
established system will be included in
DHS’s inventory of record systems.
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II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which Federal Government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. Additionally, and similarly,
the Judicial Redress Act (JRA) provides
a statutory right to covered persons to
make requests for access and
amendment to covered records, as
defined by the JRA, along with judicial
review for denials of such requests. In
addition, the JRA prohibits disclosures
of covered records, except as otherwise
permitted by the Privacy Act.
Below is the description of the DHS/
ALL–039 Foreign Access Management
System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
Department of Homeland Security
(DHS)/ALL–039 Foreign Access
Management System of Records.
SECURITY CLASSIFICATION:
Unclassified, Sensitive, For Official
Use Only, and Classified.
SYSTEM LOCATION:
Records are maintained at the
Department of Homeland Security
Headquarters in Washington, DC and
field offices. Electronic records are
stored in the Integrated Security
Management System (ISMS) as well as
in a classified network database.
SYSTEM MANAGER(S):
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Director, Center for International
Safety & Security, Office of the Chief
Security Officer, Department of
Homeland Security, Washington, DC
20528.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 40 U.S.C. 1315; 40
U.S.C. 11331; the Economy Act of 1932,
as amended; the Counterintelligence
Enhancement Act of 2002; the
Intelligence Reform and Terrorism
Prevention Act; E.O. 12977; E.O. 13286;
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E.O. 13549; Presidential Policy
Directive/PPD–21, ‘‘Critical
Infrastructure Security and Resilience’’
(February 12, 2013); DCI Directive 6/4,
‘‘Personnel Security Standards and
Procedures Governing Eligibility for
Access to Sensitive Compartmented
Information (SCI)’’ (July 2, 1998); and
Presidential Decision Directive (PDD)/
NSC–12, ‘‘Security Awareness and
Reporting of Foreign Contacts’’ (August
5, 1993).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
perform screening for foreign nationals
seeking access to DHS and partner USG
agency personnel, information,
facilities, programs, research, studies,
and IT systems. This system is also used
to screen foreign contacts and foreign
visitors reported by DHS and partner
USG agency employees who have met
and/or befriended such contacts and
visitors outside the scope of the
employee’s official duties.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Foreign nationals and foreign entities
seeking access to USG personnel,
information, facilities, programs,
research, studies, and IT systems,
including: Dual U.S. citizens and lawful
permanent residents (LPR) representing
foreign interests; and foreign contacts
and foreign visitors reported by DHS.
These include, when requested, foreign
visitors to fusion centers or tribal,
territorial, state, and local government
homeland security programs, and
foreign contacts of USG employees who
have met or befriended such contacts
and visitors outside the scope of the
employee’s official duties. Further, DHS
or USG federal employees that sponsor
foreign national access to USG or report
foreign contacts outside the scope of
their normal employment duties.
Finally, LPRs providing construction or
contractual services (e.g., food services,
janitorial services)
CATEGORIES OF RECORDS IN THE SYSTEM:
For foreign nationals:
• Full name;
• Alias(es);
• Gender;
• Date of birth;
• Place of birth;
• City/country of residence;
• Country of citizenship;
• Passport information (country of
issue, number, expiration date);
• Passport copy;
• Photograph;
• Address;
• Telephone number(s);
• Email Address(es);
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• Country sponsoring the visit;
• Stated reason for the visit;
• DHS component sponsoring the
visit;
• Diplomatic identification
information;
• Organization represented, title, or
position held;
• Actual employment information
(including job title and employer
contact information);
• Visa information (type, number,
expiration date, and issuance location);
• Foreign Access Management
System number;
• Alien registration number; and
• Potential anomalous or derogatory
information identified as part of
screening and vetting results.
For USG federal employees:
• Full name;
• Title;
• Organization and component;
• Phone number; and
• Email address.
RECORD SOURCE CATEGORIES:
DHS obtains information directly
from the federal employee sponsor, and
the DHS or USG employee providing the
information to DHS for screening. DHS
also obtains information from the other
DHS and federal systems for vetting
purposes, including:
• U.S. Customs and Border Protection
(CBP) Advance Passenger Information
System (APIS): DHS/CBP–005 APIS, 80
FR 13407 (March 13, 2015);
• CBP Arrival and Departure
Information System (ADIS): DHS/CBP–
021 ADIS, 80 FR 72081 (November 18,
2015);
• CBP Automated Targeting System
(ATS): DHS/CBP–006 ATS, 77 FR 30297
(May 22, 2012);
• CBP TECS: DHS/CBP–011 TECS, 73
FR 77778 (December 19, 2008).
• U.S. Immigration and Customs
Enforcement (ICE) Criminal Arrest
Records and Immigration Enforcement
Records (CARIER): DHS/ICE–011
CARIER, 81 FR 72080 (October 19,
2016); and
• ICE Student and Exchange Visitor
Information System (SEVIS): DHS/ICE–
001 SEVIS, 75 FR 412 (January 5, 2010).
• National Protection and Programs
Directorate (NPPD) Office of Biometric
Identity Management (OBIM)
Automated Biometric Identification
System (IDENT): DHS/US–VISIT–004
DHS IDENT, 72 FR 31080 (June 5, 2007);
• U.S. Citizen and Immigration
Services (USCIS) Alien File, Index, and
National File Tracking System (A-File):
DHS/USCIS/ICE/CBP–001 A-File, 78 FR
69864 (November 21, 2013);
• USCIS Benefits Information System
(BIS): DHS/USCIS–007 BIS, 81 FR
72069 (October 19, 2016);
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DHS also obtains information from
intelligence community classified
systems for screening and vetting.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including Offices of the U.S. Attorneys,
or other federal agency conducting
litigation or in proceedings before any
court, adjudicative, or administrative
body, when it is relevant or necessary to
the litigation and one of the following
is a party to the litigation or has an
interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS determines that information
from this system of records is
reasonably necessary and otherwise
compatible with the purpose of
collection to assist another federal
recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach; or
2. DHS suspects or has confirmed that
there has been a breach of this system
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of records; and (a) DHS has determined
that as a result of the suspected or
confirmed breach, there is a risk of harm
to individuals, harm to DHS (including
its information systems, programs, and
operations), the Federal Government, or
national security; and (b) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with DHS’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
F. To 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.
G. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, when a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To federal and foreign government
intelligence or counterterrorism
agencies or components when DHS
becomes aware of an indication of a
threat or potential threat to national or
international security, or when such use
is to conduct national intelligence and
security investigations or assist in antiterrorism efforts and disclosure is
appropriate to the proper performance
of the official duties of the person
making the disclosure.
I. To federal government intelligence
or counterterrorism agencies or
components to facilitate CISS screening
checks.
J. To other federal agencies to assist in
their determination of whether to grant
a requesting foreign national with access
to that federal agency.
K. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations, with the approval of the
Chief Privacy Officer, when DHS is
aware of a need to use relevant data for
purposes of testing new technology.
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, when disclosure is
necessary to preserve confidence in the
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34973
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute a clearly unwarranted
invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
DHS stores records in this system
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records may be stored
on magnetic disc, tape, and digital
media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by foreign
contact or USG employee name, or other
personal identifiers listed in the
categories of records, above.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
In accordance with NARA-approved
retention schedule N1–563–09–1, DHS
retains information collected on foreign
visitors for screening in FAMS and in
the C–LAN access database for twenty
years.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS safeguards records in this system
according to applicable rules and
policies, including all applicable DHS
automated systems security and access
policies. DHS has imposed strict
controls to minimize the risk of
compromising the information that is
being stored. Access to the computer
system containing the records in this
system is limited to those individuals
who have a need to know the
information for the performance of their
official duties and who have appropriate
clearances or permissions.
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act, and those
of the Judicial Redress Act if applicable.
However, DHS will consider individual
requests to determine whether or not
information may be released. Thus,
individuals seeking access to and
notification of any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the Chief Privacy
Officer and Chief Freedom of
Information Act (FOIA) Officer, whose
contact information can be found at
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Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
https://www.dhs.gov/foia under
‘‘Contacts Information.’’ If an individual
believes more than one component
maintains Privacy Act records
concerning him or her, the individual
may submit the request to the Chief
Privacy Officer and Chief FOIA Officer,
Department of Homeland Security,
Washington, DC 20528–0655. Even if
neither the Privacy Act nor the Judicial
Redress Act provide a right of access,
certain records about you may be
available under the Freedom of
Information Act.
When 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
FOIA Officer, https://www.dhs.gov/foia
or 1–866–431–0486. In addition, you
should:
• Explain 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; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records;
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 the above 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.
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CONTESTING RECORD PROCEDURES:
For records covered by the Privacy
Act or covered JRA records, see ‘‘Record
Access Procedures’’ above.
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures’’
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(1), (k)(2),
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and (k)(5), has exempted this system
from the following provisions of the
Privacy Act: 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and
(f). When this system receives a record
from another system exempted in that
source system under 5 U.S.C. 552a(j)(2),
DHS will claim the same exemptions for
those records that are claimed for the
original primary systems of records from
which they originated and claims any
additional exemptions set forth here.
HISTORY:
This is a new system of records and
DHS has not published any prior notices
that apply to these records.
Dated: July 20, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2017–15749 Filed 7–26–17; 8:45 am]
BILLING CODE 9110–9B–P
293.4. The Fifth Amendment to the
Tribal State Compact for the Class III
Gaming between the Squaxin Island
Tribe and the State of Washington
revises the definition section, allows for
an additional gaming facility, and
increases the number of gaming stations
and wager limits. Patrons 18–21 years of
age are prohibited from alcohol
purchase or consumption. Primary
responsibilities for conducting
background investigations are
identified. The Tribe will establish a
Problem Gambling Program. The Fifth
Amendment to the Tribal State Compact
for the Class III Gaming between the
Squaxin Island Tribe and the State of
Washington is approved. See 25 U.S.C.
2710(d)(8)(A).
Dated: July 17, 2017.
Michael S. Black,
Acting Assistant Secretary—Indian Affairs.
[FR Doc. 2017–15641 Filed 7–26–17; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Bureau of Land Management
[178A2100DD/AAKC001030/
A0A501010.999900 253G]
Indian Gaming; Approval of an
Amendment to a Tribal-State Class III
Gaming Compact in the State of
Washington
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Squaxin Island Tribe of
the Squaxin Island Reservation and
State of Washington negotiated the Fifth
Amendment to the Tribal State Compact
for the Class III Gaming between the
Squaxin Island Tribe and the State of
Washington governing Class III gaming;
this notice announces approval of the
Agreement to Amend Compact.
DATES: This notice is applicable as of
July 27, 2017.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Assistant
Secretary—Indian Affairs, Washington,
DC 20240, (202) 219–4066.
SUPPLEMENTARY INFORMATION: Section 11
of the Indian Gaming Regulatory Act
(IGRA) requires the Secretary of the
Interior to publish in the Federal
Register notice of approved Tribal-State
compacts that are for the purpose of
engaging in Class III gaming activities
on Indian lands. See Public Law 100–
497, 25 U.S.C. 2701 et seq. All TribalState Class III compacts, including
amendments, are subject to review and
approval by the Secretary under 25 CFR
SUMMARY:
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Notice of Application for Withdrawal
and Opportunity for Public Comment;
California
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
The United States Forest
Service (USFS) has filed an application
with the Bureau of Land Management
(BLM) requesting that the Secretary of
the Interior withdraw 39.60 acres for a
20-year term to protect the integrity of
the historic and cultural resources at the
Schwartz & Leff Administrative Site
located along the North Fork of the
Salmon River in the Klamath National
Forest. This notice segregates the land
from location and entry under the
United States mining laws for up to two
years while the application is being
processed. This notice also gives the
public an opportunity to comment on
the withdrawal application and to
request a public meeting.
DATES: Comments and public meeting
requests must be received by October
25, 2017.
ADDRESSES: Comments and public
meeting requests should be sent to the
Salmon Scott River Ranger District,
11263 North Highway 3, Fort Jones, CA
96032–9702, Attn: Gay Baxter; or by
email at gbaxter@fs.fed.us.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Easley, BLM California State
Office, 916–978–4673, eeasley@blm.gov;
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 34971-34974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15749]
[[Page 34971]]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2017-0024]
Privacy Act of 1974; System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of New Privacy Act System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security is establishing a new Department of Homeland Security
system of records titled, ``Department of Homeland Security/ALL-039
Foreign Access Management System of Records.'' This system of records
allows the Department of Homeland Security to collect and maintain
records on foreign nationals who request physical or information
technology system access to the Department of Homeland Security and
other U.S. Government partner agencies for which the Department of
Homeland Security provides screening support. These individuals may
include dual citizens and lawful permanent residents representing
foreign interests; lawful permanent residents providing construction
and contractual services for the Department of Homeland Security and
other U.S. Government partner agencies; foreign visitors to fusion
centers or tribal, territorial, state, and local government homeland
security programs; and reported foreign contacts of Department of
Homeland Security and other U.S. Government employees outside the scope
of the employee's official activities required for personnel security
purposes.
Additionally, the Department of Homeland Security is issuing a
Notice of Proposed Rulemaking to exempt this system of records from
certain provisions of the Privacy Act, elsewhere in the Federal
Register. This newly established system will be included in the
Department of Homeland Security's inventory of record systems.
DATES: Submit comments on or before August 28, 2017. This new system
will be effective upon publication. Routine uses will be effective
August 28, 2017.
ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0024 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.
FOR FURTHER INFORMATION CONTACT: For general and privacy-related
questions, please contact: Jonathan R. Cantor, (202) 343-1717, Acting
Chief Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) is establishing a new DHS system
of records titled, ``DHS/ALL-039 Foreign Access Management System of
Records.''
DHS is publishing this system of records notice to provide
transparency on how DHS collects, uses, maintains, and disseminates
information relating to foreign nationals who seek access to DHS and
partner U.S. Government (USG) agency personnel, information,
facilities, programs, research, studies, and information technology
(IT) systems. The DHS Office of the Chief Security Officer (OCSO)/
Center for International Safety & Security (CISS) Foreign Access
Management (FAM) program uses the Foreign Access Management System
(FAMS) to manage the risk assessment process for foreign nationals
requesting access to DHS and partner agencies. DHS is responsible for
conducting screening of all foreign nationals and foreign entities
seeking access to DHS personnel, information, facilities, programs, and
IT systems, including: Dual U.S. citizens and lawful permanent
residents (LPR) representing foreign interests; and foreign contacts
and foreign visitors reported by DHS. This SORN also covers the
screening of LPRs who provide construction or contractual services
(e.g., food services, janitorial services) to the U.S. Government, and
DHS or USG federal employees that sponsor foreign national access to
USG facilities or report foreign contacts who have met and/or
befriended such contacts and visitors outside the scope of the
employee's official duties.
As part of a government-wide pilot, DHS will also conduct foreign
access management screening activities for federal agencies other than
DHS participating in the pilot. DHS may also screen foreign visitors to
fusion centers or tribal, territorial, state, and local government
homeland security programs.
Lastly, DHS uses FAMS records to screen foreign contacts of DHS
employees outside the scope of the employee's official activities. DHS
and other USG employees and contractors with access to Sensitive
Compartmented Information or other special program access have a
responsibility to report all foreign contacts that are of a close,
continuing personal association and any contacts with known or
suspected intelligence officers from any country. Reporting of contact
with foreign nationals is not intended to inhibit or discourage contact
with foreign nationals. Rather, it permits the Government to manage and
assess the risk posed by certain foreign individuals who seek to
exploit personal relationships for purposes of collecting classified or
sensitive information.
Foreign nationals accessing DHS or a partner USG agency in any of
the capacities listed above undergo DHS screening. In addition, foreign
nationals may be screened as a result of foreign contact reporting for
personnel security purposes. The foreign national screening process
consists of both internal and external identity checks. The OCSO/CISS
validates the foreign national identifying information provided.
DHS shares vetting, as well as any security anomalies or derogatory
information identified through the vetting process, with DHS components
and partner USG agencies. DHS will maintain information on any security
incidents or suspicious activities recorded during the foreign
national's access to DHS or partner USG agencies. The information is
shared by secure means commensurate with the classification of the
information to be shared.
Consistent with DHS's information sharing mission, information
stored in the DHS/ALL-039 Foreign Access Management System of Records
may be shared with other DHS Components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, DHS may share information with appropriate federal, state,
local, tribal, territorial, foreign, or international government
agencies consistent with the routine uses set forth in this system of
records notice. However, to limit the scope of sharing with foreign
partners, DHS will consider a foreign entity's ability to safeguard
personally identifiable information (PII), and its commitment to and
history of safeguarding such information, when determining whether to
share records containing PII.
Additionally, DHS is issuing a Notice of Proposed Rulemaking to
exempt this system of records from certain provisions of the Privacy
Act elsewhere in the Federal Register. This newly established system
will be included in DHS's inventory of record systems.
[[Page 34972]]
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. Additionally, and similarly, the Judicial Redress
Act (JRA) provides a statutory right to covered persons to make
requests for access and amendment to covered records, as defined by the
JRA, along with judicial review for denials of such requests. In
addition, the JRA prohibits disclosures of covered records, except as
otherwise permitted by the Privacy Act.
Below is the description of the DHS/ALL-039 Foreign Access
Management System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
Department of Homeland Security (DHS)/ALL-039 Foreign Access
Management System of Records.
SECURITY CLASSIFICATION:
Unclassified, Sensitive, For Official Use Only, and Classified.
SYSTEM LOCATION:
Records are maintained at the Department of Homeland Security
Headquarters in Washington, DC and field offices. Electronic records
are stored in the Integrated Security Management System (ISMS) as well
as in a classified network database.
SYSTEM MANAGER(S):
Director, Center for International Safety & Security, Office of the
Chief Security Officer, Department of Homeland Security, Washington, DC
20528.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 40 U.S.C. 1315; 40 U.S.C. 11331; the Economy Act of
1932, as amended; the Counterintelligence Enhancement Act of 2002; the
Intelligence Reform and Terrorism Prevention Act; E.O. 12977; E.O.
13286; E.O. 13549; Presidential Policy Directive/PPD-21, ``Critical
Infrastructure Security and Resilience'' (February 12, 2013); DCI
Directive 6/4, ``Personnel Security Standards and Procedures Governing
Eligibility for Access to Sensitive Compartmented Information (SCI)''
(July 2, 1998); and Presidential Decision Directive (PDD)/NSC-12,
``Security Awareness and Reporting of Foreign Contacts'' (August 5,
1993).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to perform screening for foreign
nationals seeking access to DHS and partner USG agency personnel,
information, facilities, programs, research, studies, and IT systems.
This system is also used to screen foreign contacts and foreign
visitors reported by DHS and partner USG agency employees who have met
and/or befriended such contacts and visitors outside the scope of the
employee's official duties.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Foreign nationals and foreign entities seeking access to USG
personnel, information, facilities, programs, research, studies, and IT
systems, including: Dual U.S. citizens and lawful permanent residents
(LPR) representing foreign interests; and foreign contacts and foreign
visitors reported by DHS. These include, when requested, foreign
visitors to fusion centers or tribal, territorial, state, and local
government homeland security programs, and foreign contacts of USG
employees who have met or befriended such contacts and visitors outside
the scope of the employee's official duties. Further, DHS or USG
federal employees that sponsor foreign national access to USG or report
foreign contacts outside the scope of their normal employment duties.
Finally, LPRs providing construction or contractual services (e.g.,
food services, janitorial services)
CATEGORIES OF RECORDS IN THE SYSTEM:
For foreign nationals:
Full name;
Alias(es);
Gender;
Date of birth;
Place of birth;
City/country of residence;
Country of citizenship;
Passport information (country of issue, number, expiration
date);
Passport copy;
Photograph;
Address;
Telephone number(s);
Email Address(es);
Country sponsoring the visit;
Stated reason for the visit;
DHS component sponsoring the visit;
Diplomatic identification information;
Organization represented, title, or position held;
Actual employment information (including job title and
employer contact information);
Visa information (type, number, expiration date, and
issuance location);
Foreign Access Management System number;
Alien registration number; and
Potential anomalous or derogatory information identified
as part of screening and vetting results.
For USG federal employees:
Full name;
Title;
Organization and component;
Phone number; and
Email address.
RECORD SOURCE CATEGORIES:
DHS obtains information directly from the federal employee sponsor,
and the DHS or USG employee providing the information to DHS for
screening. DHS also obtains information from the other DHS and federal
systems for vetting purposes, including:
U.S. Customs and Border Protection (CBP) Advance Passenger
Information System (APIS): DHS/CBP-005 APIS, 80 FR 13407 (March 13,
2015);
CBP Arrival and Departure Information System (ADIS): DHS/
CBP-021 ADIS, 80 FR 72081 (November 18, 2015);
CBP Automated Targeting System (ATS): DHS/CBP-006 ATS, 77
FR 30297 (May 22, 2012);
CBP TECS: DHS/CBP-011 TECS, 73 FR 77778 (December 19,
2008).
U.S. Immigration and Customs Enforcement (ICE) Criminal
Arrest Records and Immigration Enforcement Records (CARIER): DHS/ICE-
011 CARIER, 81 FR 72080 (October 19, 2016); and
ICE Student and Exchange Visitor Information System
(SEVIS): DHS/ICE-001 SEVIS, 75 FR 412 (January 5, 2010).
National Protection and Programs Directorate (NPPD) Office
of Biometric Identity Management (OBIM) Automated Biometric
Identification System (IDENT): DHS/US-VISIT-004 DHS IDENT, 72 FR 31080
(June 5, 2007);
U.S. Citizen and Immigration Services (USCIS) Alien File,
Index, and National File Tracking System (A-File): DHS/USCIS/ICE/CBP-
001 A-File, 78 FR 69864 (November 21, 2013);
USCIS Benefits Information System (BIS): DHS/USCIS-007
BIS, 81 FR 72069 (October 19, 2016);
[[Page 34973]]
DHS also obtains information from intelligence community classified
systems for screening and vetting.
Routine Uses of Records Maintained in the System, Including Categories
of Users and Purposes of Such Uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS determines that information from this system of records is
reasonably necessary and otherwise compatible with the purpose of
collection to assist another federal recipient agency or entity in (1)
responding to a suspected or confirmed breach or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach; or
2. DHS suspects or has confirmed that there has been a breach of
this system of records; and (a) DHS has determined that as a result of
the suspected or confirmed breach, there is a risk of harm to
individuals, harm to DHS (including its information systems, programs,
and operations), the Federal Government, or national security; and (b)
the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
F. To 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.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To federal and foreign government intelligence or
counterterrorism agencies or components when DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or when such use is to conduct national intelligence and
security investigations or assist in anti-terrorism efforts and
disclosure is appropriate to the proper performance of the official
duties of the person making the disclosure.
I. To federal government intelligence or counterterrorism agencies
or components to facilitate CISS screening checks.
J. To other federal agencies to assist in their determination of
whether to grant a requesting foreign national with access to that
federal agency.
K. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS is aware of a need
to use relevant data for purposes of testing new technology.
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, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.
Policies and Practices for Storage of Records:
DHS stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, and digital media.
Policies and Practices for Retrieval of Records:
Records may be retrieved by foreign contact or USG employee name,
or other personal identifiers listed in the categories of records,
above.
Policies and Practices for Retention and Disposal of Records:
In accordance with NARA-approved retention schedule N1-563-09-1,
DHS retains information collected on foreign visitors for screening in
FAMS and in the C-LAN access database for twenty years.
Administrative, Technical, and Physical Safeguards:
DHS safeguards records in this system according to applicable rules
and policies, including all applicable DHS automated systems security
and access policies. DHS has imposed strict controls to minimize the
risk of compromising the information that is being stored. Access to
the computer system containing the records in this system is limited to
those individuals who have a need to know the information for the
performance of their official duties and who have appropriate
clearances or permissions.
Record Access Procedures:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act,
and those of the Judicial Redress Act if applicable. However, DHS will
consider individual requests to determine whether or not information
may be released. Thus, individuals seeking access to and notification
of any record contained in this system of records, or seeking to
contest its content, may submit a request in writing to the Chief
Privacy Officer and Chief Freedom of Information Act (FOIA) Officer,
whose contact information can be found at
[[Page 34974]]
https://www.dhs.gov/foia under ``Contacts Information.'' If an
individual believes more than one component maintains Privacy Act
records concerning him or her, the individual may submit the request to
the Chief Privacy Officer and Chief FOIA Officer, Department of
Homeland Security, Washington, DC 20528-0655. Even if neither the
Privacy Act nor the Judicial Redress Act provide a right of access,
certain records about you may be available under the Freedom of
Information Act.
When 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 FOIA Officer, https://www.dhs.gov/foia or 1-866-431-
0486. In addition, you should:
Explain 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; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
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 the above 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.
Contesting Record Procedures:
For records covered by the Privacy Act or covered JRA records, see
``Record Access Procedures'' above.
Notification Procedures:
See ``Record Access Procedures'' above.
Exemptions Promulgated for the System:
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(k)(1), (k)(2), and (k)(5), has exempted this system from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). When this system
receives a record from another system exempted in that source system
under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those
records that are claimed for the original primary systems of records
from which they originated and claims any additional exemptions set
forth here.
History:
This is a new system of records and DHS has not published any prior
notices that apply to these records.
Dated: July 20, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2017-15749 Filed 7-26-17; 8:45 am]
BILLING CODE 9110-9B-P