Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 5609 

SUMMARY: The Department of Homeland 

Security, National Protection and 

Programs Directorate/Cybersecurity and 

Communications/Office of Emergency 

Communications (OEC), has submitted 

the following Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995 (Pub. L. 104–13, 44 U.S.C. Chapter 

35). 

DATES: Comments are encouraged and 

will be accepted until April 5, 2010. 

This process is conducted in accordance 

with 5 CFR 1320.1. 

ADDRESSES: Written comments and 

questions about this Information 

Collection Request should be forwarded 

to OEC, Attn.: Jonathan Clinton, 

Jonathan.Clinton@dhs.gov. Written 

comments should reach the contact 

person listed no later than April 5, 2010. 

Comments must be identified by DHS– 

2010–0004 and may be submitted by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• E-mail: Jonathan.Clinton@dhs.gov. 

Include the docket number in the 

subject line of the message. 

Instructions: All submissions received 

must include the words ‘‘Department of 

Homeland Security’’ and the docket 

number for this action. Comments 

received will be posted without 

alteration at http://www.regulations.gov, 

including any personal information 

provided. 

SUPPLEMENTARY INFORMATION: OEC, 

formed under Title XVIII of the 

Homeland Security Act of 2002, 6 

U.S.C. 101 et seq., as amended, is 

responsible for conducting nationwide 

outreach and providing technical 

assistance to foster the development of 

interoperable emergency 

communications capabilities for State, 

regional, local, and tribal governments. 

OEC is addressing these responsibilities, 

in part, by offering an All Hazards Type 

III COML training course for State, 

regional, and local emergency response 

stakeholders. Participation in these 

courses requires satisfaction of several 

prerequisites, the completion of which 

will be verified using a certification 

form. In addition, to evaluate course 

delivery for quality assurance and 

improvement purposes, evaluation data 

will be collected in an evaluation form. 

OEC will use this information to 

identify course attendees, verify 

satisfaction of course prerequisites, and 

evaluate course delivery for quality and 

improvement purposes. The collection 

of information is mostly electronic but 

can also be received in paper form to 

facilitate ease of registration and 

evaluation of OEC events. Evaluation 

forms will be available in hard copy at 

each training session, and time will be 

provided to complete the evaluation at 

the conclusion of the course. 

OMB is particularly interested in 

comments which: 

1. Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

2. Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

Analysis 

Agency: Department of Homeland 

Security, National Protection and 

Programs Directorate. 

Title: COML Prerequisite and 

Evaluation. 

Form: Not Applicable. 

OMB Number: 1670–NEW. 

Frequency: On occasion. 

Affected Public: State, local, or tribal 

government. 

Number of Respondents: 3,000. 

Estimated Time per Respondent: 15 

minutes. 

Total Burden Hours: 2,000 annual 

burden hours. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintaining): $48,840.00. 

Dated: January 28, 2010. 

Thomas Chase Garwood, III, 

Chief Information Officer, National Protection 

and Programs Directorate, Department of 

Homeland Security. 

[FR Doc. 2010–2298 Filed 2–2–10; 8:45 am] 

BILLING CODE 9110–9P–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0042] 

Privacy Act of 1974; Department of 

Homeland Security/ALL—024 Facility 

and Perimeter Access Control and 

Visitor Management System of 

Records 

AGENCY: Privacy Office; DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974 the Department of 

Homeland Security proposes to update 

and reissue Department of Homeland 

Security/ALL—024 Facility and 

Perimeter Access Control and Visitor 

Management System of Records to 

include record systems within the 

Federal Protective Service. Categories of 

individuals, categories of records, 

purpose and routine uses of this system 

have been reviewed and updated to 

better reflect the Department’s, 

including the Federal Protective 

Service’s, facility and perimeter access 

control and visitor management record 

system. The activities performed by the 

Department’s facility and perimeter 

access control and visitor management 

systems often overlap with other 

security-related activities. Accordingly, 

data within each of the categories of 

individuals, categories of records, and 

routine uses may have similarities with 

other security-related systems of 

records, but each system is distinct 

based on its purpose. 

Further, this system of records is 

separate from Department of Homeland 

Security/ALL 026—Personal Identity 

Verification Management System of 

Records, June 25, 2009, which supports 

the administration of the Homeland 

Security Presidential Directive—12 

program, directing the use of a common 

identification credential for both logical 

and physical access to federally 

controlled facilities and information 

systems while enhancing security, 

increasing efficiency, reducing identity 

fraud, and protecting personal privacy. 

Records within this system apply only 

to perimeters and facilities where access 

is controlled by the Department of 

Homeland Security or its components, 

including the Federal Protective 

Service, and its contract guards. 

Exclusion is made to perimeters and 

facilities secured by the U.S. Secret 

Service pursuant to 18 U.S.C. 3056 and 

3056A and are not included under this 

system of records. Records pertaining to 

perimeters and facilities secured by the 


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U.S. Secret Service, other than those 

records subject to the Presidential 

Records Act, are covered under 

Department of Homeland Security/U.S. 

Secret Service—004 Protection 

Information System of Records, 

December 19, 2008. 

There will be no change to the Privacy 

Act exemptions currently in place for 

this system of records and therefore 

remain in effect. This system will be 

included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Written comments must be 

submitted on or before March 5, 2010. 

This updated system will be effective 

March 5, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2009–0042 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

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 


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Management System of Records may be 

shared with other DHS components, as 

well as appropriate federal, state, local, 

tribal, foreign, or international 

government agencies. This sharing will 

only take place after DHS determines 

that the receiving component or agency 

has a need to know the information to 

carry out national security, law 

enforcement, immigration, intelligence, 

or other functions consistent with the 

routine uses set forth in this system of 

records notice. 

Records within this system apply only 

to perimeters and facilities where access 

is controlled by DHS or its components, 

including the FPS, and its contract 

guards. 

Exclusion is made to perimeters and 

facilities secured by the U.S. Secret 

Service pursuant to 18 U.S.C. 3056 and 

3056A and are not included under this 

system of records. Records pertaining to 

perimeters and facilities secured by the 

U.S. Secret Service, other than those 

records subject to the Presidential 

Records Act, are covered under 

Department of Homeland Security/U.S. 

Secret Service—004 Protection 

Information System of Records (73 FR 

77733, December 19, 2008). 

There will be no change to the Privacy 

Act exemptions currently in place for 

this system of records and therefore 

remain in effect. This system will be 

included in the DHS inventory of record 

systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses and 

disseminates individual’s records. The 

Privacy Act applies to information that 

is maintained in a ‘‘system of records.’’ 

A ‘‘system of records’’ is a group of any 

records under the control of an agency 

from which information is stored and 

retrieved by the name of the individual 

or by some identifying number such as 

property address, mailing address, or 

symbol assigned to the individual. In 

the Privacy Act, an individual is defined 

to encompass United States citizens and 

lawful permanent residents. DHS 

extends administrative Privacy Act 

protections to all individuals where 

information is maintained on both U.S. 

citizens, lawful permanent residents, 

and visitors. Individuals may request 

their own records that are maintained in 

a system of records in the possession or 

under the control of DHS by complying 

with DHS Privacy Act regulations, 6 

CFR 5.21. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting the type and 

character of each system of records that 

the agency maintains, and the routine 

uses that are contained in each system 

in order to make agency record keeping 

practices transparent, to notify 

individuals regarding the uses of their 

records, and to assist individuals to 

more easily find such files within the 

agency. Below is a description of DHS/ 

ALL—024 Facility and Perimeter Access 

Control and Visitor Management System 

of Records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this new 

system of records to the Office of 

Management and Budget (OMB) and to 

Congress. 

SYSTEM OF RECORDS 

DHS/ALL–024 

SYSTEM NAME: 

Department of Homeland Security 

(DHS)/ALL—024 Facility and Perimeter 

Access Control and Visitor Management 

System of Records 

SECURITY CLASSIFICATION: 

Unclassified, sensitive, for official use 

only, and classified. 

SYSTEM LOCATION: 

Records are maintained at several 

DHS Headquarters locations and in 

component offices in both Washington, 

DC and field locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: (1) Any employee, 

contractor, consultant, intern, fellow, or 

others with regular access and an access 

control pass which grants unescorted 

access to a DHS facility or other federal 

facility which DHS or its components 

provide access control, including the 

FPS and its contract guards, and those 

needing access to information 

technology systems, and any visitor to a 

facility for which DHS or its 

components provide access control; (2) 

violators and those accused of security 

violations of access or perimeter control 

and those related to incidents and 

offenses in and around these facilities; 

(3) applicants for employment, 

contractors, or those needing unescorted 

access to these facilities or information 

technology systems; (4) state and local 

government personnel and privatesector individuals who serve on an 

advisory committee and board 

sponsored by DHS; (5) individuals, 

including state and local government 

personnel and private-sector 

individuals, who are authorized by DHS 

to access DHS facilities, and other 

federal facilities where DHS controls 

access through its components, 

including the FPS and its contract 

guards, including classified facilities, 

communications security equipment, 

and information technology systems 

that process national or homeland 

security classified information. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in the system 

include: 

• Individual’s full name; 

• Date and place of birth; 

• Social security number; 

Note: For access to the Nebraska Avenue 

Complex, DHS employees, including 

component employees and contractors, are 

not required to provide date of birth or social 

security number to enter the Nebraska 

Avenue Complex if they provide a HSPD–12 

badge, component badge, credential, or 

commission book. Component employees 

and contractors will also provide name, 

component, and Nebraska Avenue Complex 

point of contact name and phone number. 

Headquarters employees and contractors can 

also provide a drivers license as 

identification to be confirmed within the 

system of records as a DHS Headquarters 

employee. If a component employee or 

contractor does not have a DHS or 

component-issued credential at the point of 

entry, the individual will be processed into 

the Nebraska Avenue Complex as a regular 

visitor requiring a full name, date of birth, 

and social security number. 

• Organization’s name; 

• Citizenship; 

• Country of origin, if applicable; 

• Telephone number; 

• Physical descriptions; 

• Biometric information; 

• Photograph; 

• Visitor badge number, if applicable; 

• Date and time of entry and 

departure; 

• Drivers license and other form of 

identification information; 

• License plate number and state of 

issuance; 

• Make and model of vehicle; 

• Reports, files, records received from 

other federal agencies; 

• Records relating to management 

and operation of DHS programs to 

safeguard classified and sensitive but 

unclassified information, including but 

not limited to: 

Æ Document control registries; 

Æ Courier authorization requests; 

Æ Non-disclosure agreements; 

Æ Records of security violations; 

Æ Records of document transmittals; 

and 

Æ Requests for secure storage and 

communications equipment. 

• Records relating to the management 

and operation of the DHS security 

program, including but not limited to: 

Æ Inquiries relating to suspected 

security violation(s); 


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5612 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 

Æ Recommended remedial actions for 

possible security violation(s); 

Æ Reports of investigation regarding 

security violations; 

Æ Information pertaining to incidents 

and offenses; 

Æ Statements of individuals; 

Æ Affidavits; and 

Æ Correspondence. 

• Records relating to the management 

and operation of the facility and 

perimeter access control and visitor 

management system including but not 

limited to: 

Æ Facility and perimeter access 

registries; 

Æ Courier cards; 

Æ Access control card requests; and 

Æ Specific information from standard 

DHS forms used to conduct criminal 

history record checks; and 

Æ Closed circuit television (CCTV) 

systems and recordings. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; the Homeland Security 

Act, codified in Title 6 of the U.S. Code; 

44 U.S.C. 3101; and Executive Order 

(EO) 9397; EO 12968; and Federal 

Property Regulations, issued July 2002. 

PURPOSE(S): 

The purpose of this system is to 

collect and maintain records associated 

with DHS facility and perimeter access 

control, including access to DHS 

information technology and access to 

classified facilities, as well as visitor 

security and management. 

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 


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letting of a contract, or the issuance of 

a license, grant or other benefit, but only 

when disclosure is appropriate to the 

proper performance of the official duties 

of the person making the request. 

L. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 

information or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records in this system are stored 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records are stored on 

servers, magnetic disc, tape, digital 

media, and CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by 

individual name, date of birth, and 

social security number, or other 

personal identifier listed above in 

‘‘Category of Records in the System,’’ if 

applicable. 

Note: For access to DHS Headquarters, all 

employees, including component employees 

and contractors, are not required to provide 

date of birth and social security number to 

enter DHS Headquarters facilities. If they do 

not have their credential at the point of entry, 

they are required to log their name and title, 

component, data and time, ID of employee, 

and point of contact. 

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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
5614 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted this system from the 

following provisions of the Privacy Act, 

subject to the limitation set forth in 

(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I); and (f) of the Privacy Act 

pursuant to 5 U.S.C. 552a(k)(1), (k)(2), 

and (k)(5) of the Privacy Act. 

Dated: January 25, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–2206 Filed 2–2–10; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0043] 

Privacy Act of 1974; Department of 

Homeland Security/ALL—025 Law 

Enforcement Authority in Support of 

the Protection of Property Owned, 

Occupied, or Secured by the 

Department of Homeland Security 

System of Records 

AGENCY: Privacy Office; DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974 the Department of 

Homeland Security proposes to update 

Department of Homeland Security/ 

ALL—025 Law Enforcement Authority 

in Support of the Protection of Property 

Owned, Occupied, or Secured by the 

Department of Homeland Security 

System of Records to include record 

systems within the Federal Protective 

Service. The purpose of this system is 

to maintain and record the results of law 

enforcement activities in support of the 

protection of property owned, occupied, 

or secured by the Department of 

Homeland Security and its components, 

including the Federal Protective 

Service, and individuals maintaining a 

presence or access to such property. 

Categories of individuals, categories of 

records, and the routine uses of this 

system have been reviewed and updated 

to better reflect the Department’s law 

enforcement records associated with the 

protection of property owned, occupied, 

or secured by the Department of 

Homeland Security. The activities 

performed by the Department in the 

protection of property owned, occupied, 

or secured by the Department of 

Homeland Security often overlap with 

other security-related activities. 

Accordingly, data within the categories 

of individuals, categories of records, and 

routine uses may have similarities with 

other security-related systems of 

records, but each system is distinct 

based on its purpose. 

Exclusion is made to perimeters and 

facilities secured by the U.S. Secret 

Service pursuant to 18 U.S.C. 3056 and 

3056A and are not included under this 

system of records. Records pertaining to 

perimeters and facilities secured by the 

U.S. Secret Service, other than those 

records subject to the Presidential 

Records Act, are covered under 

Department of Homeland Security/U.S. 

Secret Service—004 Protection 

Information System of Records, 

December 19, 2008. 

There will be no change to the Privacy 

Act exemptions currently in place for 

this system of records and therefore 

remain in effect. This system will be 

included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Written comments must be 

submitted on or before March 5, 2010. 

This updated system will be effective 

March 5, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2009–0043 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 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—025 Law 

Enforcement Authority in Support of 

the Protection of Property Owned, 

Occupied, or Secured by DHS System of 

Records (74 FR 3088, January 16, 2008) 

for the collection and maintenance of 

records that pertain to the protection of 

property owned, occupied, or secured 

by DHS. 

DHS is updating and reissuing this 

Department-wide system of records 

under the Privacy Act (5 U.S.C. 552a), 

for the protection of property owned, 

occupied, or secured by DHS, including 

records systems within the Federal 

Protective Service (FPS). The DHS/ 

ALL—025 Law Enforcement Authority 

in Support of the Protection of Property 

Owned, Occupied, or Secured by DHS 

System of Records is the baseline 

system for the protection of property 

owned, occupied, or secured by DHS 

activities, as led by the Office of the 

Chief Security Officer for the 

Department. This will ensure that all 

DHS components follow the same 

privacy rules for collecting the 

protection of property owned, occupied 

or secured by DHS records. 

The purpose of this system is to 

maintain and record the results of law 

enforcement activities in support of the 

protection of property owned, occupied, 

or secured by DHS. The results are also 

used to pursue criminal prosecutions or 

civil penalty actions against individuals 

or entities suspected of offenses that 

may have been committed against 

property owned, occupied, or secured 

by DHS or persons on these premises; 

and to assess acceptability of 

Departmental, other United States 

Government personnel, contract 

security officer personnel, and other 

contractors who work in DHS facilities 

for assignment to or retention in 

sensitive positions consistent with the 

interest of national security and 

protection of DHS facilities. The 

Department’s authority for this 

collection is primarily 5 U.S.C. 301; the 

Homeland Security Act, codified in 

Title 6 of the U.S. Code; 40 U.S.C. 1315; 

44 U.S.C. 3101; and Executive Order 

(EO) 9397; EO 10450; EO 12968, 5 CFR 

731; 5 CFR 732; 5 CFR 736; 32 CFR 147; 

and DCID 6/4. This system will collect 

individuals’ personal information when 

the Department uses its law 

enforcement authority at facilities that 

DHS owns, occupies, or secures. Efforts 

have been made to safeguard records in 

accordance with applicable rules and 

policies, including all applicable DHS 

automated systems security and access 

policies. Strict controls have been 

imposed to minimize the risk of 

compromising information being stored. 

Access to the computer system 

containing the records in this system is 

limited to those individuals who have a 

need to know the information for the 

performance of their official duties and 

who have appropriate clearances or 


jlentini on DSKJ8SOYB1PROD with NOTICES