[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Notices]
[Pages 5609-5614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2206]
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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.
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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: http://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 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: 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 http://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 http://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
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
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, 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;
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