DHS Chem Facility Anti-Terror Personnel Surety.pdf

9110-9P

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2014-0013]

Privacy Act of 1974; Department of Homeland Security National Protection and

Programs Directorate - 002 Chemical Facility Anti-Terrorism Standards Personnel Surety

Program System of Records

AGENCY : Department of Homeland Security, Privacy Office.

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 a current Department of Homeland Security

system of records titled, “Department of Homeland Security/National Protection and

Programs Directorate - 002 Chemical Facility Anti-Terrorism Standards Personnel Surety

Program System of Records.” This system of records allows the Department of

Homeland Security/National Protection and Programs Directorate to collect and maintain

records on individuals--facility personnel and unescorted visitors--who have or are

seeking access to restricted areas and critical assets at high-risk chemical facilities and

compare this information to the Terrorist Screening Database, the terrorist watchlist

maintained by the Federal Bureau of Investigation's Terrorist Screening Center. As a

result of a biennial review of this system and changes to the Chemical Facility Anti-

Terrorism Standards Personnel Surety Program, the Department of Homeland

Security/National Protection and Programs Directorate is updating this system of records

notice to include a new category of record and routine use. Administrative updates are

being made globally to better align the description of the program with other CFATS

Personnel Surety Program documentation. Additionally, the Department of Homeland

Security is concurrently issuing a Final Rule to exempt this system of records from

certain provisions of the Privacy Act, elsewhere in the Federal Register. This notice also

includes non-substantive changes to simplify the formatting and text of the previously

published notice. This updated system will be included in the Department of Homeland

Security’s inventory of record systems.

DATES : Submit comments on or before [INSERT DATE 30 DAYS AFTER DATE OF

PUBLICATION IN THE FEDERAL REGISTER]. This updated system will be effective

[INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL

ADDRESSES: You may submit comments, identified by docket number DHS-2014-

0013 by one of the following methods:

•

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

for submitting comments.

•

Fax: 202-343-4010.

•

Mail: Karen L. Neuman, Chief Privacy Officer, Privacy Office, Department of

Homeland Security, Washington, D.C. 20528.

INSTRUCTIONS : All submissions received must include the agency name and docket

number for this rulemaking. All comments received will be posted without change to

http://www.regulations.gov, including any personal information provided.

DOCKET: For access to the docket to read background documents or comments

received, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT : For general questions, please contact:

Emily Andrew, (703) 235-2182, Privacy Officer, National Protection and Programs

Directorate, Department of Homeland Security, Washington, D.C. 20528. For privacy

questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer,

Privacy Office, Department of Homeland Security, Washington, D.C. 20528.

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the Department of

Homeland Security (DHS) National Protection and Programs Directorate (NPPD)

proposes to update and reissue a current DHS system of records titled, “DHS/ NPPD -

002 Chemical Facility Anti-Terrorism Standards Personnel Surety Program System of

Records.”

On October 4, 2006, the President signed the DHS Appropriations Act of 2007

(the Act), Public Law 109-295. Section 550 of the Act (Section 550) provides DHS with

the authority to regulate the security of high-risk chemical facilities. DHS has

promulgated regulations implementing Section 550, the Chemical Facility Anti-

Terrorism Standards (CFATS), 6 CFR Part 27.

Section 550 requires that DHS establish Risk Based Performance Standards

(RBPS) as part of CFATS. RBPS-12 (6 CFR 27.230(a)(12)(iv)) requires that regulated

chemical facilities implement “measures designed to identify people with terrorist ties.”

The ability to identify individuals with terrorist ties is an inherently governmental

function and requires the use of information held in government-maintained databases,

which are unavailable to high-risk chemical facilities. Therefore, DHS is implementing

the CFATS Personnel Surety Program, which will allow chemical facilities to comply

with RBPS-12 by implementing “measures designed to identify people with terrorist

ties.”

The CFATS Personnel Surety Program will work with the DHS

Transportation Security Administration (TSA) to identify individuals who have terrorist

ties by vetting information submitted by each high-risk chemical facility against the

Terrorist Screening Database (TSDB). The TSDB is the Federal Government's

consolidated and integrated terrorist watchlist of known and suspected terrorists,

maintained by the Department of Justice (DOJ) Federal Bureau of Investigation's (FBI)

Terrorist Screening Center (TSC). For more information on the TSDB, see

DOJ/FBI--019 Terrorist Screening Records System, 72 FR 47073 (August 22, 2007).

High-risk chemical facilities or their designees will submit the information of: (1)

Facility personnel who have or who are seeking access, either unescorted or otherwise, to

restricted areas or critical assets; and (2) unescorted visitors who have or who are seeking

access to restricted areas or critical assets. These persons, about whom high-risk chemical

facilities and facilities' designees will submit information to DHS, are referred to in this

notice as “affected individuals.” Individual high-risk facilities may classify particular

contractors or categories of contractors either as “facility personnel” or as “visitors.”

This determination should be a facility-specific determination, and should be based on

facility security, operational requirements, and business practices.

With the publication of this updated system of records, DHS is making the

following changes: (1) Category of records has been updated to include Trusted Traveler

Program information and information necessary to assist in verifying status of enrollment

in another DHS program; and (2) routine use K has been added. Under routine use K,

DHS may provide records to high-risk chemical facilities, or their designees, for the

purpose of ensuring that information on all affected individuals submitted by or on behalf

of the facility who have or are seeking access to restricted areas or critical assets has been

appropriately submitted to DHS. A high-risk chemical facility may have access to

information on the affected individuals that were submitted by the facility or on behalf of

the facility. Designees of high-risk chemical facilities may only have access to

information on the affected individuals that the designee submitted on behalf of the

facility. Routine use K is compatible with the purposes for which the information is

collected because the information will be used to ensure that the appropriate affected

individuals are receiving the required terrorist ties checks.

In addition, administrative updates are being made globally to better align the

description of the program with other CFATS Personnel Surety Program documentation.

This notice also includes non-substantive changes to simplify the formatting and text of

the previously published notice.

Under the CFATS Personnel Surety Program, for each affected individual a high-

risk chemical facility, or its designee, may use the following options for submitting

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