[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:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 703-483-2999.
    <bullet> Mail: Hugo Teufel III, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, D.C. 20528.
    <bullet> 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.
    <bullet> 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:
    <bullet> Individual's full name;
    <bullet> Organization's name;
    <bullet> Social security number;
    <bullet> Date of birth;
    <bullet> Citizenship;
    <bullet> Country of origin, if applicable;
    <bullet> Telephone number;
    <bullet> Physical descriptions;
    <bullet> Biometric information;
    <bullet> Photograph;
    <bullet> Visitor badge number, if applicable;
    <bullet> Date and time of entry and departure;
    <bullet> Driver's license and other form of identification 
information;
    <bullet> License plate number and state of issuance;
    <bullet> Make and model of vehicle;
    <bullet> Reports, files, records received from other Federal 
agencies;
    <bullet> 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.

    <bullet> 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.

    <bullet> 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:
    <bullet> An explanation of why you believe the Department would 
have information on you,
    <bullet> Identify which component(s) of the Department you believe 
may have the information about you,
    <bullet> Specify when you believe the records would have been 
created,
    <bullet> Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records,
    <bullet> 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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