DHS Office of Security SORN

[Federal Register: September 12, 2006 (Volume 71, Number 176)]

[Notices]

[Page 53697-53700]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr12se06-69]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket Number DHS-2006-0047]

Privacy Act; Systems of Records

AGENCY: Office of Security, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Department of

Homeland Security, Office of Security, proposes to add a new system of

records to the Department's inventory, entitled the ``Personal Identity

Verification Management System.'' This system will support 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. This system

will enhance security, increase efficiency, reduce identify fraud, and

protect personal privacy.

DATES: The established system of records will be effective October 12,

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2006, unless comments are received that result in a contrary

determination.

ADDRESSES: You may submit comments identified by docket number DHS-

2006-0047 by one of the following methods:

Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the

instructions for submitting comments.

Fax: (202) 401-4514 (not a toll-free number).

Mail: Cynthia Sjoberg, Office, DHS HSPD-12 Program Manager, Office

of Security, 245 Murray Lane, SW., Building 410, Washington, DC 20528;

Hugo Teufel III, Chief Privacy Officer, 601 S. 12th Street, Arlington,

VA 22202.

FOR FURTHER INFORMATION CONTACT: Cynthia Sjoberg, DHS HSPD-12 Program

Manager, Office of Security, 245 Murray Lane, SW., Building 410,

Washington, DC 20528 by telephone (202) 772-5096 or facsimile (202)

401-4514; Hugo Teufel III, Chief Privacy Officer, 601 S. 12th Street,

Arlington, VA 22202 by telephone (571) 227-3813 or facsimile (571) 227-

4171.

SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS),

Office of Security is publishing a Privacy Act system of records notice

to cover its collection, use and maintenance of records relating to its

role in the collection and management of personally identifiable

information for the purpose of issuing credentials (ID badges) to meet

the requirements of the Homeland Security Presidential Directive-12

(HSPD-12) and in furtherance of the Office of Security's mission for

the Department. Until now, pursuant to the savings clause in the

Homeland Security Act of 2002, Public Law 107-296, Sec. 1512, 116 Stat.

2310 (Nov. 25, 2002) (6 U.S.C. 552), the Office of Security has been

relying on legacy Privacy Act systems for this purpose.

DHS established the Office of Security to protect and safeguard the

Department's personnel, property, facilities, and information. The

Office of Security develops, coordinates, implements, and oversees the

Department's security policies, programs, and standards; delivers

security training and education to DHS personnel; and provides security

support to DHS components when necessary. In addition, the Office of

Security coordinates and collaborates with the Intelligence Community

on security issues and the protection of information. The Office of

Security works to integrate security into every aspect of the

Department's operations.

The Office of Security is divided into seven divisions, as follows,

and in order of relevance to this notice:

Security Operations: This division implements and

maintains the Department's badging and credentialing programs and

ensures that the Department is in full compliance with all applicable

laws. It is within this Division and area of responsibility that the

Office of Security is giving notice of its intent to create the

Personal Identity Verification Management System (PIVMS) pursuant to

HSPD-12;

Personnel Security: background investigations,

adjudications, and security clearances for DHS employees, as well as

for State and local government personnel and private-sector partners;

Administrative Security: the protection of classified and

sensitive but unclassified information;

Physical Security: security surveys, vulnerability

assessments, and access control for DHS facilities;

Special Security Programs: Sensitive Compartmented

Information (SCI) and Special Access Programs;

Internal Security and Investigations: protection against

espionage, foreign intelligence service elicitation activities, and

terrorist collection efforts directed against the Department;

investigations of crimes against the Department's personnel and

property;

Training and Operations Security: integrated security

training policy and programs.

The PIVMS records will cover all DHS employees, contractors and

their employees, consultants, volunteers engaged by DHS who require

long-term access to federal buildings and emergency ``first

responders'' who work in federally controlled facilities. The personal

information to be collected will consist of data elements necessary to

identify the individual and to perform background or other

investigations concerning the individual. The PIVMS will collect

several data elements from the PIV card applicant, including: date of

birth, Social Security Number, organizational and employee

affiliations, fingerprints, digital color photograph, digital signature

and phone number(s) as well additional verification information. The

Office of Security has designed this system to align closely with their

current business practices.

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 personally identifiable

information. The Privacy Act applies to information that a Federal

agency maintains in a ``system of records.'' A ``system of records'' is

a group of any records under the control of an agency from which the

agency retrieves information by the name of the individual or by some

identifying number, symbol, or other identifying particular assigned to

the individual. The Office of Security Personal Identity Verification

Management System is such a system of records.

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 to

which personally identifiable information is put, and to assist

individuals to more easily find such files within the agency. Below is

the description of the Personal Identity Verification Management

System.

In accordance with 5 U.S.C. 552a(r), a report on this system has

been sent to Congress and to the Office of Management and Budget.

DHS-OS-2006-047

System name:

Personal Identity Verification Management System (PIVMS).

Security Classification:

Sensitive but unclassified.

System Location:

Data covered by this system are maintained at the following

location: DHS Data Center, Ashburn, VA.

Categories of Individuals Covered By the System:

The PIVMS records will cover all DHS employees, contractors and

their employees, consultants, volunteers engaged by DHS who require

long-term access to federal buildings and emergency ``first

responders'' who work in federally controlled facilities. Individuals

who require regular, ongoing access to agency facilities, information

technology systems, or information classified in the interest of

national security.

The system does not apply to occasional visitors or short-term

guests to whom DHS will issue temporary identification and credentials.

Categories of Records in the System:

Records maintained on individuals issued a PIV credential by DHS

include the following data fields: full name; Social Security number;

date of birth; current address; digital signature; digital color

photograph; fingerprints; biometric identifiers (two fingerprints);

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organization/office of assignment; employee affiliation; telephone

number(s); copies of identity source documents; signed SF 85 or

equivalent; PIV card issue and expiration dates; PIV request form; PIV

registrar approval digital signature; PIV card serial number; emergency

responder designation; computer system user name; user access and

permission rights, authentication certificates; digital signature

information.

Authority for Maintenance of the System:

5 U.S.C. 301; Federal Information Security Act (Pub.L. 104-106,

Sec. 5113); E-Government Act (Pub.L. 104-347, sec. 203); the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501); and the Government Paperwork

Elimination Act (Pub.L. 105-277, 44 U.S.C. 3504); Homeland Security

Presidential Directive-12 (HSPD-12); Policy for a Common Identification

Standard for Federal Employees and Contractors, August 27, 2004;

Federal Property and Administrative Act of 1949, as amended; the

Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458,

Section 3001 (50 U.S.C. 435b) and the Homeland Security Act of 2002,

P.L. 107-296, as amended.

Purpose(s):

The primary purposes of the system are: (a) To ensure the safety

and security of DHS facilities, systems, or information, and our

occupants and users; (b) To verify that all persons entering Federal

facilities, using Federal information resources, are authorized to do

so; (c) to track and control PIV cards issued to persons entering and

exiting the DHS facilities or using DHS systems.

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.

Section 552a(b) of the Privacy Act, all or a portion of the records or

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 (DOJ) when: (a) The agency or any

component thereof; or (b) any employee of the agency in his or her

official capacity; (c) any employee of the agency in his or her

individual capacity where agency or the Department of Justice has

agreed to represent the employee; or (d) the United States Government,

is a party to litigation or has an interest in such litigation, and by

careful review, the agency determines that the records are both

relevant and necessary to the litigation and the use of such records by

DOJ is therefore deemed by the agency to be for a purpose compatible

with the purpose for which the agency collected the records.

B. To a court or adjudicative body in a proceeding when: (a) The

agency or any component thereof; (b) any employee of the agency in his

or her official capacity; (c) any employee of the agency in his or her

individual capacity where agency or the Department of Justice has

agreed to represent the employee; or (d) the United States Government,

is a party to litigation or has an interest in such litigation, and by

careful review, the agency determines that the records are both

relevant and necessary to the litigation and the use of such records is

therefore deemed by the agency to be for a purpose that is compatible

with the purpose for which the agency collected the records.

C. Except as noted on Forms SF 85, 85-P, and 86, when a record on

its face, or in conjunction with other records, indicates a violation

or potential violation of law, whether civil, criminal, or regulatory

in nature, and whether arising by general statute or particular program

statute, or by regulation, rule, or order issued pursuant thereto,

disclosure may be made to the appropriate public authority, whether

Federal, foreign, State, local, or tribal, or otherwise, responsible

for enforcing, investigating or prosecuting such violation or charged

with enforcing or implementing the statute, or rule, regulation, or

order issued pursuant thereto, if the information disclosed is relevant

to any enforcement, regulatory, investigative or prosecutorial

responsibility of the receiving entity.

D. To a Member of Congress or to a Congressional staff member in

response to an inquiry of the Congressional office made at the written

request of the constituent about whom the record is maintained.

E. To the National Archives and Records Administration or to the

General Services Administration for records management inspections

conducted under 44 U.S.C. 2904 and 2906.

F. To agency contractors, grantees, or volunteers who have been

engaged to assist the agency in the performance of a contract service,

grant, cooperative agreement, or other activity related to this system

of records and who need to have access to the records in order to

perform their activity. Recipients shall be required to comply with the

requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a.

G. To a Federal State, local, foreign, or tribal or other public

authority the fact that this system of records contains information

relevant to the retention of an employee, the retention of a security

clearance, the letting of a contract, or the issuance or retention of a

license, grant, or other benefit. The other agency or licensing

organization may then make a request supported by the written consent

of the individual for the entire record if it so chooses. No disclosure

will be made unless the information has been determined to be

sufficiently reliable to support a referral to another office within

the agency or to another Federal agency for criminal, civil,

administrative personnel or regulatory action.

H. To the Office of Management and Budget when necessary to the

review of private relief legislation pursuant to OMB Circular No. A-19.

I. To a Federal State, or local agency, or other appropriate

entities or individuals, or through established liaison channels to

selected foreign governments, in order to enable an intelligence agency

to carry out its responsibilities under the National Security Act of

1947, as amended, the CIA Act of 1949, as amended, Executive Order

12333 or any successor order, applicable national security directives,

or classified implementing procedures approved by the Attorney General

and promulgated pursuant to such statutes, orders or directives.

J. To notify another Federal agency when, or verify whether, a PIV

card is no longer valid.

K. To the news media or the general public, factual information the

disclosure of which would be in the public interest and which would not

constitute an unwarranted invasion of personal privacy, consistent with

Freedom of Information Act standards.

L. To an agency, organization, or individual for the purposes of

performing authorized audit or oversight operations.

Disclosure to consumer reporting agencies:

Privacy Act information may be reported to consumer reporting

agencies pursuant to 5 U.S.C. 552a(b)(12).

Policies and Practices for Storing, Retrieving, Accessing, Retaining

and Disposing of Records in the System:

Storage:

DHS Headquarters in the Offices of Security and Human Capital and

at the DHS Data Center in Ashburn, VA Records maintain and store the

records in electronic media and paper files.

Retrievability:

Records may be retrieved by name of the individual, Social Security

number

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and/or by any other unique individual identifier.

Safeguards:

The Office of Security protects all records from unauthorized

access through appropriate administrative, physical, and technical

safeguards. Access is restricted on a ``need to know'' basis,

utilization of SmartCard access, and locks on doors and approved

storage containers. DHS buildings have security guards and secured

doors. DHS monitors all entrances through electronic surveillance

equipment. Personally identifiable information is safeguarded and

protected in conformance with all Federal statutory and OMB guidance

requirements. All access has role-based restrictions, and individuals

with access privileges have undergone vetting and suitability

screening. DHS encrypts data storage and transfer. DHS maintains an

audit trail and engages in random periodic reviews to identify

unauthorized access. Persons given roles in the PIV process must

complete training specific to their roles to ensure they are

knowledgeable about how to protect personally identifiable information.

Retention and Disposal:

This is a new program and the Records Management Office (RMO) has

not finalized its retention policy. The DHS RMO will develop a records

retention schedule for approval by the NARA pertaining to this program.

Once NARA has approved the records retention schedule, DHS will amend

this document to include the retention period for the records.

System Manager and address:

DHS HSPD-12 Program Manager, Office of Security, U.S. Department of

Homeland Security, 245 Murray Lane, SW., Building 410, Washington, DC

20528.

Notification procedure:

A request for access to records in this system may be made by

writing to the System Manager, or the Director of Departmental

Disclosure, in conformance with 6 CFR part 5, which provides the rules

for requesting access to records maintained by the Department of

Homeland Security.

Record access procedures:

Same as Notification Procedure above.

Contesting record procedures:

Same as Notification Procedure above. State clearly and concisely

the information being contested, the reasons for contesting it, and the

proposed amendment to the information sought.

Record source categories:

Employee, contractor, or applicant; sponsoring agency; former

sponsoring agency; other Federal agencies; contract employer; former

employer.

Exemptions claimed for the system:

None.

Dated: September 1, 2006.

Hugo Teufel III,

Chief Privacy Officer.

[FR Doc. E6-15044 Filed 9-11-06; 8:45 am]

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