Federal Register, Volume 79 Issue 154 (Monday, August 11, 2014)

[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46857-46862]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18703]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2014-0039]


Privacy Act of 1974; Department of Homeland Security/ALL-037 E-
Authentication Records System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to establish a new system of records titled,
Department of Homeland Security/ALL-037 E-Authentication Records System
of Records. This system of records allows the Department of Homeland
Security to collect, maintain, and retrieve records about individuals,
including members of the public, who electronically authenticate their
identities. The information in this system of records includes data
collected by programs and applications for use when the Department of
Homeland Security or a

[[Page 46858]]

trusted third-party performs some or all of the functions required to
enroll, issue, and maintain a credential on DHS's behalf that can be
used by an individual to electronically authenticate his or her
identity to DHS systems.
These programs and applications include: The Department of Homeland
Security's Homeland Security Information Network, which is a trusted
network for homeland security mission operations to share sensitive but
unclassified information used by federal, state, local, tribal,
territorial, international, and private sector homeland security
partners to manage operations, analyze data, and send alerts and
notices; the U.S. Citizenship and Immigration Services E-Verify Self
Check, which is a free service that allows individuals to learn about
their work authorization status information; and the U.S. Citizenship
and Immigration Services myE-Verify, which is a free service that
allows individuals to create an account and access additional features
beyond Self Check concerning the use of their personally identifiable
information in E-Verify and Self Check such as the ability to lock a
Social Security number to prevent its use in E-Verify and Self Check.
Additional Department programs or applications may also use third-party
authentication.
In addition, the Department of Homeland Security also proposes to
consolidate the E-Verify Self Check System of Records (DHS/USCIS-013),
last published in the Federal Register on February 16, 2011 (76 FR
9604), into this newly established E-Authentication Records System of
Records. As a result of this consolidation, by this notice, DHS intends
to remove DHS/USCIS-013 from its inventory of systems of records. The
newly established system will be included in the Department of Homeland
Security's inventory of record systems.

DATES: Written comments must be submitted on or before September 10,
2014.

ADDRESSES: You may submit comments, identified by Docket Number DHS-
2014-0039 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, U.S. Department of Homeland Security, 245 Murray Drive SW.,
Building 410, STOP-0655, 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 to 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 and privacy related
questions please contact: Karen L. Neuman (202-343-1717), Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security, 245
Murray Drive SW., Building 410, STOP-0655, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) proposes to establish a new DHS
system of records titled, ``DHS/ALL-037 E-Authentication Records System
of Records.'' The collection and maintenance of information within this
system of records assists DHS in enrolling, issuing, and maintaining
credentials (e.g., online accounts) for individuals seeking electronic
access to DHS programs, services, and applications, including when DHS
uses a trusted third-party identity service provider for these
activities. DHS may perform some or all credential management functions
(e.g., identity proofing, manage authentication tokens, authenticate
users) on its own, choose a single third-party to perform all
functions, or use multiple providers for each discrete function. This
system of records notice is agnostic as to how DHS applications or
systems using electronic authentication wish to engage with third-
parties.
DHS has many public-facing programs that provide online access to
its services at various levels of assurance, as described in the Office
of Management and Budget (OMB) E-Authentication Guidance for Federal
Agencies (M-04-04). OMB defines four levels of assurance (LOA), Levels
1 to 4, in terms of the consequences resultant from authentication
errors or misuse of credentials. Level 1 is the lowest assurance level,
and Level 4 is the highest. For example, an authentication error may
occur if an individual gains access to sensitive information he or she
is not entitled to access. Depending on the context and the sensitivity
of the information accessed, the consequences of such an authentication
error could pose significant harm to other individuals and/or to the
affected agency. As the consequences of an authentication error become
more serious, the required LOA increases.
In order to facilitate access, information must be collected to
authenticate an individual's identity at the requisite level of
assurance for the purpose of obtaining a credential or electronically
authorizing access to a DHS program or application. These programs and
applications include: DHS's Homeland Security Information Network
(HSIN), which is a trusted network for homeland security mission
operations to share sensitive but unclassified information used by
federal, state, local, tribal, territorial, international, and private
sector homeland security partners to manage operations, analyze data,
and send alerts and notices; the U.S. Citizenship and Immigration
Services (USCIS) E-Verify Self Check, which is a free service that
allows individuals to learn about their work authorization status
information; and USCIS myE-Verify, which is a free service that allows
individuals to create an account and exercise limited control about the
use of their information in E-Verify Self Check. HSIN, E-Verify Self
Check, and myE-Verify use trusted third-party identity service
providers to perform credential management functions.
Identity proofing is the process by which an identity service
provider collects and verifies information (e.g., name, date of birth,
Social Security number (SSN), address of residence) about a person for
the purpose of issuing credentials to that person. Third-party identity
service providers use a variety of verification techniques, including
knowledge-based authentication, to generate a quiz containing questions
that only the individual should be able to answer. When using the
knowledge-based authentication process the third-party identity
provider generates a quiz based on commercial identity verification
information collected by the third-parties from financial institutions,
public records, and other service providers. The information accessed
by the third-parties includes information such as the individual's
commercial transaction history, mortgage payments, addresses, or past
addresses. DHS does not have access to the commercial identity
verification information, the quiz questions asked of the individual,
or the responses provided thereto; therefore this commercial
information is not included in this system of records. Rather, DHS
receives assertions (e.g., pass/fail) and assertion references (e.g.,
transaction ID, date/time of the transaction, and error codes) from the

[[Page 46859]]

identity service provider to facilitate troubleshooting and system
management. DHS maintains attributes (e.g., clearances, location,
biometrics, and group memberships) collected for identity proofing only
when necessary for the DHS program to manage the credential.
DHS may request verified attributes about an individual from the
third-party depending on the program or application's requirements. For
any attribute DHS requests from the third-party, DHS will ask the user
if he or she wishes to share the requested information with DHS prior
to gaining access to the DHS online system or application. The user can
select to opt-in, meaning he or she will allow DHS access to his or her
attribute information from the third-party in order for him or her to
gain access to the DHS system. If the third-party cannot generate a
quiz, or if the individual cannot answer the questions provided, the
individual may not be able to access program or application.
DHS may share attribute information with trusted third-party
identity service providers under contract with DHS or certified by the
Federal Identity Management Credential and Access Management (FICAM)
initiative for the purpose of authenticating an individual seeking a
credential with DHS. More information about FICAM is available at
www.idmanagment.gov. Attributes provided to the relying party are
limited to: (1) Making authorization decisions; (2) dynamically
provisioning accounts; and (3) performing audit logging. The
transaction may be included in the individual's credit record as a
``soft inquiry'' that does not impact the individual's credit score
when the identity service provider is a credit bureau or uses a credit
bureau to conduct identity proofing. The ``soft inquiry'' is not
viewable by third parties. DHS may also share attribute information
with ``relying parties'' approved by the National Information Exchange
Federation (NIEF) Trust Framework Provider who provide federated access
to systems. More information about NIEF is available at https://nief.gfipm.net/.
In accordance with the Privacy Act of 1974, DHS is giving notice
that it proposes to issue a new DHS system of records notice titled,
DHS/ALL-037 E-Authentication Records System of Records. In addition DHS
proposes to consolidate the E-Verify Self Check System of Records (DHS/
USCIS-013) into this newly-established system of records. As a result
of this consolidation, by this notice, DHS intends to remove DHS/USCIS-
013 from its inventory of systems of records. This newly established
system will be included in DHS's inventory of record systems.

II. Privacy Act

The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the federal government agencies
collect, maintain, use, and disseminate individuals' 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 retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to 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
part 5.
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 their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of DHS/ALL-
037 E-Authentication Records System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records:
Department of Homeland Security (DHS)/ALL-037.

System name:
DHS/ALL-037 E-Authentication Records System of Records.

Security classification:
Sensitive but unclassified.

System location:
Records are maintained at several Headquarters locations and in
component offices of DHS, in both Washington, DC, and field locations
or by a third-party identity service provider. Records related to
identity proofing required for levels of assurance (LOA) 2 and above
are also maintained by the third-party identity service provider in
accordance with retention requirements identified in the National
Institute of Standards and Technology (NIST) Special Publication 800-63
Electronic Authentication Guideline for the applicable LOA.

Categories of individuals covered by the system:
Categories of individuals in this system of records include members
of the public, external stakeholders, and federal employees or
contractors seeking electronic access to DHS programs and applications.
This includes anyone attempting to authenticate his or her identity for
the purpose of obtaining a credential to access a DHS program or
application electronically, including when the program or application
uses a third-party identity service provider to perform some or all
credential management functions (e.g., prove identity, manage
authentication tokens, authenticate users).

Categories of records in the system:
Attributes DHS or a third-party identity service provider
collects necessary to perform identity proofing at the required level
of assurance. Attributes are only retained in this system of records if
it is necessary for the program to manage the credential. Examples of
attributes collected for identity proofing information include:
[cir] Name (last, first, middle, and maiden);
[cir] Date of birth;
[cir] Place of birth;
[cir] Financial or utility account number;
[cir] Address of residence;
[cir] Social Security number (SSN)--full or partial (may be
optional depending on the application);
[cir] Telephone number--(may be optional depending on the
application); and
[cir] Country of Citizenship.
Assertions and assertion references from a third-party
identity service provider such as:
[cir] Transaction ID;
[cir] Pass/fail indicator;
[cir] Date/time of the transaction;
[cir] Codes associated with the transaction;
Information DHS or third-parties collect necessary to
register, issue, and maintain the credential (e.g., to administer
multi-factor authentication)

[[Page 46860]]

including verified attributes the identity service provider maintains
or passes to DHS after a user successfully passes identity proofing
such as:
[cir] Name;
[cir] Email addresses;
[cir] User ID;
[cir] Passwords;
[cir] Phone numbers (primary, alternate, mobile, home, work,
landline);
[cir] Two-factor authentication preference (SMS text message,
email, phone number for interactive voice response);
[cir] Self-generated security questions and answers;
[cir] Level of access;
Credential registration information DHS collects manually
that is necessary to perform manual identity verification in cases in
which an individual cannot electronically prove his or her identity.
Note that some identity proofing information (e.g., copies of
government-issued photo identification) is retained in this system of
records only if it is necessary for DHS to manage the credential.
Other program-specific attribute information DHS or the
identity service provider collects directly on behalf of DHS may
include:
[cir] Citizenship;
[cir] Accepted Terms of Service (Y/N);
[cir] Employment information such as job title, job role,
organization;
[cir] Business and affiliations;
[cir] Faculty positions held;
[cir] Home addresses;
[cir] Business addresses;
[cir] Justification/nomination for access to DHS computers,
networks, or systems;
[cir] Supervisor/nominator's name, job title, organization, phone
numbers, email address;
[cir] Verification of training requirements or other prerequisite
requirements for access to DHS computers, networks, or systems;
[cir] Government-issued identity document type and expiration date;
Records on access to DHS computers, networks, online
programs, and applications including user ID and passwords;
[cir] Registration numbers or IDs associated with DHS Information
Technology (IT) resources;
[cir] Date and time of access;
[cir] Logs of activity interacting with DHS IT resources;
[cir] Internet Protocol (IP) address of access;
[cir] Logs of internet activity; and
[cir] Records on the authentication of the access request, names,
phone numbers of other contacts, and positions or business/
organizational affiliations and titles of individuals who can verify
that the individual seeking access has a need to access the system, as
well as other contact information provided to the Department or that is
derived from other sources to facilitate authorized access to DHS IT
resources.

Authority for maintenance of the system:
44 U.S.C. 3101; EO 9397 (SSN), as amended by EO 13487; 44 U.S.C.
3534; Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (IIRIRA), Public Law (Pub. L.) 104-208, September 30, 1996, Note
Section 404. Additional programmatic authorities may apply to
maintenance of the credential.

Purpose(s):
This system collects information in order to authenticate an
individual's identity for the purpose of obtaining a credential to
electronically access a DHS program or application. This system
includes DHS programs or applications that use a third-party identity
service provider to provide any of the following credential services:
Registration, including identity proofing, issuance, authentication,
authorization, and maintenance. This system collects information that
allows DHS to track the use of programs and applications for system
maintenance and troubleshooting. The system also enables DHS to allow
an individual to reuse a credential received when applicable and
available.

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.
Sec. 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. Sec. 552a(b)(3), as follows:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The U.S. or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization 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. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) that rely 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, when 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 sponsors, employers, contractors, facility operators,
grantees, experts, and consultants in connection

[[Page 46861]]

with establishing, maintaining, or managing an access account for an
individual or maintaining appropriate points of contact.
I. To relying parties approved by the National Information Exchange
Federation (NIEF) Trust Framework Provider for the purpose of providing
federated access to systems when the user has been provided with
appropriate notice and the opportunity to consent. Attributes provided
to the relying party are limited to: (1) making authorization
decisions; (2) dynamically provisioning accounts; and (3) performing
audit logging.
J. To international, federal, state and local, tribal, private and/
or corporate entities for the purpose of the regular exchange of
business contact information in order to facilitate collaboration for
official business.
K. To a trusted third-party identity service provider under
contract with DHS or certified by the Federal Identity Management
Credential and Access Management initiative for the purpose of
authenticating an individual seeking a credential with DHS. The
information may be included in the individual's credit record as a
``soft inquiry'' that does not impact the individual's credit score
when the identity service provider is a credit bureau or uses a credit
bureau to conduct identity proofing. The ``soft inquiry'' is not
viewable by third parties.
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, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines 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 on paper or in digital or other
electronic form. Digital and other electronic images are stored on a
storage area network in a secured environment. Records, whether paper
or electronic, are stored at the DHS Headquarters, at the component
level, or at the third-party identity service provider's physical or
cloud location.

Retrievability:
Information is retrieved, sorted, or searched by an identification
number assigned by computer, by SSN (if maintained by the program), by
facility, by business affiliation, by email address, or by the name of
the individual, or other data fields previously identified in this
SORN. Note that when DHS uses a third-party identity service provider
for identity proofing, data elements collected by the third party on
DHS's behalf are not retained by DHS unless specifically required by
the program or application.

Safeguards:
Information in this system is safeguarded in accordance with
applicable laws, rules and policies, including the DHS IT Security
Program Handbook and DHS Information Security Program Policy and
Handbook. DHS uses trusted identity service providers including those
certified through the Trust Framework Adoption Process by Federal
Identity Credential and Access Management (FICAM). The DHS/ALL-037 E-
Authentication Records system of records security protocols also meet
multiple NIST Security Standards from Authentication to Certification
and Accreditation.
Records in the DHS/ALL-037 E-Authentication Records system of
records will be maintained in a secure, password-protected, electronic
system that uses security hardware and software including: Multiple
firewalls, active intruder detection, and role-based access controls.
Additional safeguards vary by component and program. All records are
protected from unauthorized access through appropriate administrative,
physical, and technical safeguards. These safeguards include
restricting access to authorized personnel who have a ``need to know,''
using locks and password protection identification features. Classified
information is appropriately stored in accordance with applicable
requirements. DHS file areas are locked after normal duty hours and the
facilities are protected from the outside by security personnel.

Retention and disposal:
Records are securely retained and disposed of in accordance with
the NARA's General Records Schedule (GRS) 24, section 6, ``User
Identification, Profiles, Authorizations, and Password Files.''
Inactive records are destroyed or deleted six years after the user
account is terminated or password is altered, or when no longer needed
for investigative or security purposes, whichever is later.
In addition, in accordance with NIST SP-800-63-2, a record of the
registration, history, and status of each token and credential
(including revocation) is maintained by the credential service provider
(CSP) or its representative. The record retention period of data for
Level 2 and 3 credentials is seven years and six months beyond the
expiration or revocation (whichever is later). The minimum record
retention period for Level 4 credential data is ten years and six
months beyond the expiration or revocations of the credential.

System Manager and address:
The System Manager is the Chief Information Officer (CIO),
Department of Homeland Security, Washington, DC 20528.

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 and
Chief Freedom of Information Act Officer, Privacy Office, Department of
Homeland Security, 245 Murray Drive SW., Building 410, STOP-0655,
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:
Explain why you believe the Department would have
information on you;

[[Page 46862]]

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; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
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 the above 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:
Information contained in this system is obtained from affected
individuals, organizations, facilities, trusted third-party identity
service providers (which may use commercial identity verification
information not accessed or maintained by DHS to perform knowledge-
based authentication), public source data, other government agencies,
or information already in other DHS records systems.

Exemptions claimed for the system:
None.

Dated: July 31, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-18703 Filed 8-8-14; 8:45 am]
BILLING CODE 9110-9B-P