[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3081-3084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-928]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0118]
Privacy Act of 1974; Department of Homeland Security--024
Facility and Perimeter Access Control and Visitor Management System of
Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of record notices, the Department of Homeland Security
proposes to consolidate into a new Department of Homeland Security
system of records notice titled, DHS/All--024 Facility and Perimeter
Access Control and Visitor Management System of Records: Treasury/
CS.081 Dock Passes, October 18, 2001, Justice/INS-014 Security Access
Control System, January 22, 2001, and to partially consolidate DHS/OS-
001 Office of Security File System, September 12, 2006, and FEMA/SEC-1
Security Support System, September 7, 1990. Categories of individuals,
categories of records, and the routine uses of this legacy system have
been reviewed and updated to better reflect the Department's facility
and perimeter access control and visitor management record system.
Additionally, the Department of Homeland Security is issuing a Notice
of Proposed Rulemaking concurrent with this system of records elsewhere
in the Federal Register. 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 DHS-OS-2006-047
Personal Identify Verification Management System which supports the
administration of the HSPD-12 program that directs 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, identifying and reducing fraud, and
protecting personally identifiable information.
Records within this system apply only to perimeters and facilities
where access is controlled by the Department of Homeland Security. This
system of records does not apply to (1) facilities where the
Department's components or offices have a presence but where the
General Services Administration has an established contract for
security services or (2) facilities where Immigration and Custom
Enforcement's Federal Protective Service provides oversight on the
contract.
Exclusion is made to perimeters and facilities secured by the
United States Secret Service pursuant to 18 U.S.C. 3056 and 3056A and
are not included under this system of records. This consolidated system
will be included in the DHS inventory of record systems.
DATES: Written comments must be submitted on or before February 17,
2009. This new system will be effective February 17, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0118 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, D.C. 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 http://www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues please contact: Hugo Teufel III (703-235-0780), Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS) and its components and
offices have relied on preexisting Privacy Act systems of records
notices for the collection and maintenance of records that pertain to
facility and perimeter access control and visitor management.
As part of its efforts to streamline and consolidate its Privacy
Act record systems, DHS is establishing a new agency-wide system of
records under the Privacy Act (5 U.S.C. 552a) for DHS facility and
perimeter access control and visitor management records. The 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 DHS 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.
In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of record notices, the Department of Homeland Security
proposes to consolidate Treasury/CS.081 Dock Passes, October 18, 2001,
Justice/INS-014 Security Access Control System, January 22, 2001, and
to partially consolidate DHS/OS-001 Office of Security File System,
September 12, 2006, and FEMA/SEC-1 Security Support System (55 FR
37182), into a new Department of Homeland Security system of records
notice titled, DHS/All--024 Facility and Perimeter Access Control and
Visitor Management System of Records. Categories of individuals,
categories of records, and the routine uses of this legacy system have
been reviewed and updated to better reflect the Department'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.
Records within this system apply only to perimeters and facilities
where access is controlled by the Department of Homeland Security. This
system of records does not apply to (1) facilities where the
Department's components or offices have a presence but where the
General Services Administration has an established contract for
security services
[[Page 3082]]
or (2) facilities where Immigration and Custom Enforcement's Federal
Protective Service provides oversight on the contract.
Further, this system of records is separate from DHS-OS-2006-047
Personal Identify Verification Management System which supports the
administration of the HSPD-12 program that directs 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, identifying and reducing fraud, and
protecting personally identifiable information.
Additionally, the Department of Homeland Security is issuing a
Notice of Proposed Rulemaking concurrent with this system of records
elsewhere in the Federal Register. Exclusion is made to perimeters and
facilities secured by the United States Secret Service pursuant to 18
U.S.C. 3056 and 3056A and are not included under this system of
records. This consolidated 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 the Visitor Management and
Access Control 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--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 Headquarters locations and in
component offices of the Department of Homeland Security, in both
Washington, D.C. 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 information technology system and any
visitor to a DHS facility; (2) violators of DHS access or perimeter
control; (3) applicants for employment, contractors, or those needing
unescorted access to DHS 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
Departmental facilities, including classified facilities,
communications security equipment, and information technology systems
that process national or homeland security classified information; (6)
individuals accused of security violations or found in violation.
Categories of records in the system:
Categories of records covered by this system include:
Individual's full name;
Organization's name;
Social security number;
Date of birth;
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;
Driver's 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);
[cir] Recommended remedial actions for possible security
violation(s);
[cir] Reports of investigation regarding security violations;
[cir] Statements of individuals;
[cir] Affidavits; and
[cir] Correspondence.
Records relating to the management and operation of the
Office of Security's 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 Federal Records Act, 6 U.S.C., the Homeland
Security Act; 44 U.S.C. 3101; and Executive Order 9397; Executive Order
12968, Federal Property Regulations, issued July 2002.
Purpose(s):
The purpose of this system is to 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 management.
[[Page 3083]]
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 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, if applicable.
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 credentials three months
after return to issuing office.
[[Page 3084]]
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, the System Manager is the
Director of Departmental Disclosure, Department of Homeland Security,
Washington, DC 20528. For components of DHS, the System Manager can be
found at http://www.dhs.gov/foia under ``contacts.''
Notification procedure:
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 http://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,
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 Director,
Disclosure and FOIA, http://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,
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 generated from sources contacted during visits to
Department facilities.
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted this system from
subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), (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: December 22, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-928 Filed 1-15-09; 8:45 am]
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