[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Notices]
[Pages 70279-70281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26590]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 017-2004]


Privacy Act of 1974; System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), notice is given that the Department of Justice (DOJ or the 
Department) proposes to establish a new Department-wide system of 
records entitled ``Access Control System (ACS), DOJ-011.'' This system 
notice covers the DOJ-controlled security access system at the Robert 
F. Kennedy Main Justice Building, as well as any other DOJ-controlled 
security access systems in buildings where the DOJ operates. This 
system does not include building access systems that are not under the 
control of the DOJ, for example systems maintained by the building 
manager in buildings where the DOJ is a tenant. This system also does 
not include any separately-noticed security access control systems, 
such as those of the Federal Bureau of Investigation and the Bureau of 
Prisons.
    This Department-wide system notice replaces, and the Department 
hereby removes, on the effective date of this notice, the following.
    Security Access Control System (SACS), Justice/JMD-014, last 
published January 8, 1997 at 62 FR 1132.
    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment; and the Office of Management 
and Budget (OMB), which has oversight responsibility under the Act, 
requires a 40-day period in which to conclude its review of the system. 
Therefore, please submit any comments by January 12, 2005. The public, 
OMB, and the Congress are invited to submit any comments to Mary E. 
Cahill, Management and Planning Staff, Justice Management Division, 
Department of Justice, Washington, DC, 20530 (Room 1400, National Place 
Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: November 24, 2004.
Paul R. Corts,
Assistant Attorney General for Administration,
JUSTICE/DOJ-011

SYSTEM NAME:
    Access Control System (ACS).

SYSTEM LOCATION:
    Records are located at the Department of Justice (DOJ) Robert F. 
Kennedy Main Justice Building (MJB), 950 Pennsylvania Ave., NW., 
Washington, DC 20530, and at other buildings with DOJ-controlled 
access.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have applied for, sought, been considered for, 
attempted and/or obtained access to the MJB and other buildings, office 
space, or real property with DOJ-controlled access control systems. May 
include: current and former DOJ employees, contractors, vendors, 
grantees, experts, consultants, task force personnel, volunteers, 
detailees, visitors, and other non-DOJ employees. May also include 
persons identified as employers, sponsors, references, or contacts for 
the above individuals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include: names; social security numbers; dates of 
birth; physical descriptions; badge numbers; information on employer, 
sponsor, contacts, and/or references; home and/or business addresses 
and phone numbers; dates and times of entry, exit, and/or passage 
through control points; signatures, photographs, videos, electronic 
images, fingerprints, and other biometric identifiers; vehicle 
identification data; drivers license number; purpose of visit and 
person visited and/or other related information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Executive Order 12958, as amended by Executive Order 13292; Title 5 
U.S.C. 552a(e)(10); Title 44 U.S.C. chapters 21 and 33. These statutes 
and Executive Orders are directed toward security of United States 
Government records maintained by federal agencies. Title 40 U.S.C. 
chapter 318a; and Title 41 CFR section 102-81.10 and 81.15. This 
statute and the federal regulations are directed toward security of 
United States Government buildings and the people therein.

PURPOSE(S):
    Records in this system are necessary to maintain the security of 
the personnel and locations at which the DOJ operates, and of DOJ 
records, vehicles, property and equipment, and are used to determine 
eligibility and/or the status of individuals who have applied for, 
sought, been considered for, attempted and/or obtained access to such 
locations. Records in this system are also used to maintain control of 
badges issued for access to locations where the DOJ operates.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records or information from this system of records may be disclosed 
under the following circumstances when it has been determined by the 
Department of Justice that such a need exists:
    To the news media and the public pursuant to 28 CFR 50.2 unless it 
is determined that release of the specific information in the context 
of a

[[Page 70280]]

particular case would constitute an unwarranted invasion of personal 
privacy.
    To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of and at 
the request of the individual who is the subject of the record.
    To the National Archives and Records Administration in records 
management inspections conducted under the authority of 44 U.S.C. 2904 
and 2906.
    To any criminal, civil, or regulatory law enforcement authority 
(whether federal, state, local, territorial, tribal, or foreign) where 
the information is relevant to the recipient entity's law enforcement 
responsibilities.
    To a governmental entity lawfully engaged in collecting law 
enforcement, law enforcement intelligence, or national security 
intelligence information for such purposes.
    To any person or entity in either the public or private sector, 
domestic or foreign, if deemed by the DOJ to be necessary in eliciting 
information or cooperation from the recipient for use by the DOJ in 
furthering the purposes of the system, e.g., disclosure of personal 
identifying information to an associate or employer of a person to 
confirm the person's identity, suitability, and reason for access to a 
DOJ facility.
    In an appropriate proceeding before a court, or administrative or 
adjudicative body, when the Department of Justice determines that the 
records are arguably relevant to the proceeding; or in an appropriate 
proceeding before an administrative or adjudicative body when the 
adjudicator holds the records to be relevant to the proceeding.
    To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
on such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    To appropriate officials and employees of a federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract, or the issuance of a grant or benefit.
    To federal, state, local, tribal, foreign, or international 
licensing agencies or associations which require information concerning 
the suitability or eligibility of an individual for a license or 
permit.
    To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to this system of 
records.
    The Department of Justice may disclose relevant and necessary 
information to a former employee of the Department for purposes of: 
Responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Most information is maintained in computerized form and stored in 
memory, on disk storage, on computer tape, or other computer media. 
However, some information may also be maintained in hard copy (paper) 
or other form.

RETRIEVABILITY:
    Information is typically retrieved by name of the individual, other 
personal identifiers, or by access badge number.

SAFEGUARDS:
    Records in this system are maintained in limited access space in 
DOJ-controlled facilities and offices. Computerized data is password 
protected. All DOJ personnel are required to pass a background 
investigation. The information is accessed only by authorized DOJ 
personnel or by non-DOJ personnel properly authorized to assist in the 
conduct of an agency function related to these records.

RETENTION AND DISPOSAL:
    Records in this system in all formats are maintained and disposed 
of in accordance with appropriate authority of the National Archives 
and Records Administration.

SYSTEM MANAGER AND ADDRESS:
    For the Main Justice Building and certain satellite offices in the 
Washington DC Metropolitan Area: Director, Security and Emergency 
Planning Staff, Justice Management Division, Room 6217, 950 
Pennsylvania Ave., NW., Washington, DC 20530.
    For other Specific Buildings/Components:

    Security System Manager, Justice Data Center--Washington, 1151-D 
Seven Locks Rd., Rockville, MD 20854;
    Security System Manager, Justice Data Center--Dallas, 207 S. 
Houston St., Dallas, TX 75202;
    Chief, Physical Security, Executive Office of U.S. Attorneys, U.S. 
DOJ.EOUSA-SPS, 600 E Street, NW., Suite 2600, Washington, DC 20530;
    Director, Security Programs Staff, Criminal Division, 1331 F 
Street, NW., Suite 300, Washington, DC 20530;
    Deputy Chief Inspector, Office of Security Programs, Drug 
Enforcement Administration, 700 Army Navy Drive, Arlington, VA 22202;
    Chief, Security and Emergency Programs Division, Bureau of Alcohol, 
Tobacco, Firearms and Explosives, 650 Massachusetts Avenue, NW., Room 
2240, Washington, DC 20226;
    Security Program Manager, Office of the Inspector General, 950 
Pennsylvania Ave., NW., Washington, DC 20530;
    Security Programs Manager, Office of Intelligence Policy and 
Review, Department of Justice, Washington, DC 20530;
    Security Programs Manager, Executive Office for Immigration Review, 
5107 Leesburg Pike, Suite 2103, Falls Church, VA 22041;
    Case Management Specialist, Office of the United States Trustee, 33 
Whitehall St., 21st Floor, New York, NY 10004-2112;
    Security Programs Manager, United States Marshals Service, United 
States Marshals Service Headquarters, Washington, DC 20530-1000;
    DOJ/INTERPOL-USNCB, 1301 New York Ave., NW., Washington, DC 20530;
    Security Program Manager, Tax Division, 555 Fourth St., NW., 
Washington, DC 20530;
    Chief, Office of Security and Classified Programs, National Drug 
Intelligence Center, 319 Washington St., Johnstown, PA 15901;

NOTIFICATION PROCEDURES:
    Same as Record Access Procedures.

RECORD ACCESS PROCEDURES:
    A request for access to a record from the system shall be made in 
writing with the envelope and the letter clearly marked ``Privacy Act 
Request.'' Include in the request your full name and complete address. 
The requester must sign the request; and, to verify it, the signature 
must be notarized or submitted under 28 U.S.C. 1746, a law

[[Page 70281]]

that permits statements to be made under penalty of perjury and dated 
as a substitute for notarization. You may submit any other identifying 
data you wish to furnish to assist in making a proper search of the 
system. Requests for access should be addressed to: Facilities and 
Personnel Group, Security and Emergency Planning Staff, Justice 
Management Division, Room 6217, U.S. Department of Justice, 950 
Pennsylvania Ave., NW., Washington, DC 20530.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
the system should also direct their request to the appropriate System 
Manager listed above, stating clearly and concisely what information is 
being contested, the reasons for contesting it, and the proposed 
amendment to the information sought. Include information requested 
above for Record Access.

RECORD SOURCE CATEGORIES:
    See Categories of Individuals Covered by the System.

EXEMPTIONS CLAIMED BY THE SYSTEM:
    None.

[FR Doc. 04-26590 Filed 12-2-04; 8:45 am]
BILLING CODE 4410-FB-P