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8 December 2008

Nine notices below.


[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Proposed Rules]               
[Page 74632-74633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-10]                         

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================



[[Page 74632]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2008-0182]

 
Privacy Act of 1974: Implementation of Exemptions; Immigration 
and Customs Enforcement Search, Arrest, and Seizure Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Proposed Rule Making.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security (DHS) is giving concurrent 
notice of a revised and updated system of records pursuant to the 
Privacy Act of 1974 for the Immigration and Customs Enforcement (ICE) 
Search, Arrest, and Seizure Records system of records and this proposed 
rulemaking. In this proposed rulemaking, the Department proposes to 
exempt portions of the system of records from one or more provisions of 
the Privacy Act because of criminal, civil, and administrative 
enforcement requirements. The exemptions for the legacy system of 
records notices will continue to be applicable until the final rule for 
this SORN has been completed.

DATES: Comments must be received on or before January 8, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0182, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Department 
of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. 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 questions please contact: 
Lyn Rahilly, Privacy Officer, (202-732-3300), Immigration and Customs 
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail: 
ICEPrivacy@dhs.gov. For privacy issues, please contact: Hugo Teufel III 
(703-235-0780), Chief Privacy Officer, Privacy Office, Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:
    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), DHS and its component agency ICE have relied on preexisting 
Privacy Act system of records notices for the collection and 
maintenance of records pertaining to ICE's arrests of individuals, and 
searches, detentions, and seizures of property pursuant to ICE's law 
enforcement authorities. As part of its efforts to streamline and 
consolidate its record systems, DHS is establishing a component system 
of records under the Privacy Act (5 U.S.C. 552a) for ICE to cover these 
records. The collection and maintenance of this information will assist 
ICE in meeting its obligation to record its actions regarding searches 
of individuals and property, arrests of individuals, and detentions and 
seizures of property and goods pursuant to ICE's law enforcement 
authorities.
    In this notice of proposed rulemaking, DHS is now proposing to 
exempt Search, Arrest, and Seizure Records, in part, from certain 
provisions of the 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 personally identifiable 
information. 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 the individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. 
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 part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description of 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 recordkeeping 
practices transparent, to notify individuals regarding the uses to 
which personally identifiable information is put, and to assist 
individuals in finding such files within the agency.
    The Privacy Act allows Government agencies to exempt certain 
records from the access and amendment provisions. If an agency claims 
an exemption, however, it must issue a Notice of Proposed Rulemaking to 
make clear to the public the reasons why a particular exemption is 
claimed.
    DHS is claiming exemptions from certain requirements of the Privacy 
Act for Search, Arrest, and Seizure Records. Some information in 
Search, Arrest, and Seizure Records relates to official DHS national 
security, law enforcement, immigration, and intelligence activities. 
These exemptions are needed to protect information relating to DHS 
activities from disclosure to subjects or others related to these 
activities. Specifically, the exemptions are required to preclude 
subjects of these activities from frustrating these processes; to avoid 
disclosure of activity techniques; to protect the identities and 
physical safety of confidential informants and law enforcement 
personnel; to ensure DHS's ability to obtain information from third 
parties and other sources; to protect the privacy of third parties; and 
to safeguard classified information. Disclosure of information to the 
subject of the inquiry could also permit the subject to avoid detection 
or apprehension.
    The exemptions proposed here are standard law enforcement and 
national security exemptions exercised by a large number of Federal law 
enforcement and intelligence agencies. In appropriate circumstances, 
where compliance would not appear to interfere with or adversely affect 
the law enforcement purposes of this system and the overall law 
enforcement process, the applicable

[[Page 74633]]

exemptions may be waived on a case by case basis.
    A notice of system of records for Search, Arrest, and Seizure 
Records is also published in this issue of the Federal Register.

List of Subjects in 6 CFR Part 5

    Freedom of information, Privacy.

    For the reasons stated in the preamble, DHS proposes to amend 
Chapter I of Title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

    1. The authority citation for Part 5 continues to read as follows:

    Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 et 
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.

    2. Add at the end of Appendix C to Part 5, Exemption of Record 
Systems under the Privacy Act, the following new paragraph ``14'':

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    14. The Department of Homeland Security/United States 
Immigration and Customs Enforcement Search, Arrest, and Seizure 
Records system of records consists of electronic and paper records 
and will be used by DHS and its components. Search, Arrest, and 
Seizure Records is a repository of information held by DHS in 
connection with its several and varied missions and functions, 
including, but not limited to: The enforcement of civil and criminal 
laws; investigations, inquiries, and proceedings thereunder; and 
national security and intelligence activities. Search, Arrest, and 
Seizure Records contains information that is collected by, on behalf 
of, in support of, or in cooperation with DHS and its components and 
may contain personally identifiable information collected by other 
Federal, State, local, tribal, foreign, or international government 
agencies. Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy 
Act, portions of this system are exempt from 5 U.S.C. 552a(c)(3) and 
(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and 
(e)(8); (f), and (g). Pursuant to 5 U.S.C. 552a(k)(2) of the Privacy 
Act, this system is exempt from the following provisions of the 
Privacy Act, subject to the limitations set forth in those 
subsections: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
and (f). Exemptions from these particular subsections are justified, 
on a case-by-case basis to be determined at the time a request is 
made, for the following reasons:
    (a) From subsection (c)(3) and (4) (Accounting for Disclosures) 
because release of the accounting of disclosures could alert the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation to the existence of the 
investigation, and reveal investigative interest on the part of DHS 
as well as the recipient agency. Disclosure of the accounting would 
therefore present a serious impediment to law enforcement efforts 
and/or efforts to preserve national security. Disclosure of the 
accounting would also permit the individual who is the subject of a 
record to impede the investigation, to tamper with witnesses or 
evidence, and to avoid detection or apprehension, which would 
undermine the entire investigative process.
    (b) From subsection (d) (Access to Records) because access to 
the records contained in this system of records could inform the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation, to the existence of the 
investigation, and reveal investigative interest on the part of DHS 
or another agency. Access to the records could permit the individual 
who is the subject of a record to impede the investigation, to 
tamper with witnesses or evidence, and to avoid detection or 
apprehension. Amendment of the records could interfere with ongoing 
investigations and law enforcement activities and would impose an 
impossible administrative burden by requiring investigations to be 
continuously reinvestigated. In addition, permitting access and 
amendment to such information could disclose security-sensitive 
information that could be detrimental to homeland security.
    (c) From subsection (e)(1) (Relevancy and Necessity of 
Information) because in the course of investigations into potential 
violations of Federal law, the accuracy of information obtained or 
introduced occasionally may be unclear or the information may not be 
strictly relevant or necessary to a specific investigation. In the 
interests of effective law enforcement, it is appropriate to retain 
all information that may aid in establishing patterns of unlawful 
activity.
    (d) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from 
the subject of an investigation would alert the subject to the 
nature or existence of an investigation, thereby interfering with 
the related investigation and law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because 
providing such detailed information would impede law enforcement in 
that it could compromise investigations by: Revealing the existence 
of an otherwise confidential investigation and thereby provide an 
opportunity for the subject of an investigation to conceal evidence, 
alter patterns of behavior, or take other actions that could thwart 
investigative efforts; reveal the identity of witnesses in 
investigations, thereby providing an opportunity for the subjects of 
the investigations or others to harass, intimidate, or otherwise 
interfere with the collection of evidence or other information from 
such witnesses; or reveal the identity of confidential informants, 
which would negatively affect the informant's usefulness in any 
ongoing or future investigations and discourage members of the 
public from cooperating as confidential informants in any future 
investigations.
    (f) From subsections (e)(4)(G) and (H) (Agency Requirements), 
and (f) (Agency Rules) because portions of this system are exempt 
from the individual access provisions of subsection (d) for the 
reasons noted above, and therefore DHS is not required to establish 
requirements, rules, or procedures with respect to such access. 
Providing notice to individuals with respect to existence of records 
pertaining to them in the system of records or otherwise setting up 
procedures pursuant to which individuals may access and view records 
pertaining to themselves in the system would undermine investigative 
efforts and reveal the identities of witnesses, and potential 
witnesses, and confidential informants.
    (g) From subsection (e)(5) (Collection of Information) because 
in the collection of information for law enforcement purposes it is 
impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with (e)(5) would 
preclude DHS agents from using their investigative training and 
exercise of good judgment to both conduct and report on 
investigations.
    (h) From subsection (e)(8) (Notice on Individuals) because 
compliance would interfere with DHS' ability to obtain, serve, and 
issue subpoenas, warrants, and other law enforcement mechanisms that 
may be filed under seal, and could result in disclosure of 
investigative techniques, procedures, and evidence.
    (i) From subsection (g) to the extent that the system is exempt 
from other specific subsections of the Privacy Act relating to 
individuals' rights to access and amend their records contained in 
the system. Therefore DHS is not required to establish rules or 
procedures pursuant to which individuals may seek a civil remedy for 
the agency's: Refusal to amend a record; Refusal to comply with a 
request for access to records; failure to maintain accurate, 
relevant, timely and complete records; or failure to otherwise 
comply with an individual's right to access or amend records.

    Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.

 [FR Doc. E8-29047 Filed 12-8-08; 8:45 am]

BILLING CODE 4410-10-P


[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Proposed Rules]               
[Page 74635-74637]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-12]                         

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2008-0179]

 
Privacy Act of 1974: Implementation of Exemptions; United States 
Immigration and Customs Enforcement Confidential and Other Sources of 
Information

AGENCY: Privacy Office, DHS.

ACTION: Notice of Proposed Rule Making.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security is giving concurrent 
notice of a revised and updated system of records pursuant to the 
Privacy Act of 1974 for the United States Immigration and Customs 
Enforcement (ICE) Confidential and Other Sources of Information (COSI) 
system of records and this

[[Page 74636]]

proposed rulemaking. In this proposed rulemaking, the Department 
proposes to exempt portions of the system of records from one or more 
provisions of the Privacy Act because of criminal, civil, and 
administrative enforcement requirements. The exemptions for the legacy 
system of records notices will continue to be applicable until the 
final rule for this SORN has been completed.

DATES: Comments must be received on or before January 8, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0179, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Department 
of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. 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 questions please contact: 
Lyn Rahilly, Privacy Officer, (202-732-3300), Immigration and Customs 
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail: 
ICEPrivacy@dhs.gov. For privacy issues, please contact: Hugo Teufel III 
(703-235-0780), Chief Privacy Officer, Privacy Office, Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:
    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 DHS and its component agency ICE have relied on 
preexisting Privacy Act systems of records notices for the collection 
and maintenance of records pertaining to information received from 
confidential and other sources. As a law enforcement investigatory 
agency, ICE collects and maintains information regarding possible 
violations of law from a number of sources, including confidential 
sources, State, local, tribal and Federal law enforcement agencies and 
members of the public.
    As part of its efforts to streamline and consolidate its record 
systems, DHS is establishing a component system of records under the 
Privacy Act (5 U.S.C. 552a) for ICE to cover these records. This new 
system of records will allow ICE to collect and maintain records 
concerning the identities of and information received from documented 
confidential sources and other sources who supply information to ICE 
regarding possible violations of law or otherwise in support of law 
enforcement investigations and activities.
    In this notice of proposed rulemaking, DHS is now proposing to 
exempt Confidential and Other Sources of Information, in part, from 
certain provisions of the 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 personally identifiable 
information. 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 the individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. 
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 part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description of 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 recordkeeping 
practices transparent, to notify individuals regarding the uses to 
which personally identifiable information is put, and to assist 
individuals in finding such files within the agency.
    The Privacy Act allows Government agencies to exempt certain 
records from the access and amendment provisions. If an agency claims 
an exemption, however, it must issue a Notice of Proposed Rulemaking to 
make clear to the public the reasons why a particular exemption is 
claimed.
    DHS is claiming exemptions from certain requirements of the Privacy 
Act for Confidential and Other Sources of Information. Some information 
in Confidential and Other Sources of Information relates to official 
DHS national security, law enforcement, immigration, and intelligence 
activities. These exemptions are needed to protect information relating 
to DHS activities from disclosure to subjects or others related to 
these activities. Specifically, the exemptions are required to preclude 
subjects of these activities from frustrating these processes; to avoid 
disclosure of activity techniques; to protect the identities and 
physical safety of confidential informants and law enforcement 
personnel; to ensure DHS's ability to obtain information from third 
parties and other sources; to protect the privacy of third parties; and 
to safeguard classified information. Disclosure of information to the 
subject of the inquiry could also permit the subject to avoid detection 
or apprehension.
    The exemptions proposed here are standard law enforcement and 
national security exemptions exercised by a large number of Federal law 
enforcement and intelligence agencies. In appropriate circumstances, 
where compliance would not appear to interfere with or adversely affect 
the law enforcement purposes of this system and the overall law 
enforcement process, the applicable exemptions may be waived on a case-
by-case basis.
    A notice of system of records for Confidential and Other Sources of 
Information is also published in this issue of the Federal Register.

List of Subjects in 6 CFR Part 5

    Freedom of information, Privacy.

    For the reasons stated in the preamble, DHS proposes to amend 
Chapter I of Title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

    1. The authority citation for Part 5 continues to read as follows:

    Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 et 
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.

    2. Add at the end of Appendix C to Part 5, Exemption of Record 
Systems under the Privacy Act, the following new paragraph ``14'':

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    14. The Department of Homeland Security/United States 
Immigration and Customs Enforcement Confidential and Other Sources 
of Information DHS/ICE-003 system of records consists of electronic 
and paper records and will be used by DHS and its components. 
Confidential and Other Sources of Information (COSI) is a repository 
of information held by DHS in connection with its several and varied 
missions and functions, including, but not limited to: The 
enforcement of civil and criminal laws; and investigations, 
inquiries, and proceedings thereunder; national security and 
intelligence activities. COSI contains information that is collected 
by, on behalf of, in support of, or in cooperation with DHS and its 
components and may contain personally identifiable

[[Page 74637]]

information collected by other Federal, State, local, tribal, 
foreign, or international government agencies. Pursuant to exemption 
5 U.S.C. 552a(j)(2) of the Privacy Act, portions of this system are 
exempt from 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); (f), and (g). 
Pursuant to 5 U.S.C. 552a(k)(2) of the Privacy Act, this system is 
exempt from the following provisions of the Privacy Act, subject to 
the limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), 
(d), (e)(1), (e)(4)(G), (e)(4)(H), and (f). Exemptions from these 
particular subsections are justified, on a case-by-case basis to be 
determined at the time a request is made, for the following reasons:
    (a) From subsection (c)(3) and (4) (Accounting for Disclosures) 
because release of the accounting of disclosures could alert the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation to the existence of the 
investigation, and reveal investigative interest on the part of DHS 
as well as the recipient agency. Disclosure of the accounting would 
therefore present a serious impediment to law enforcement efforts 
and/or efforts to preserve national security. Disclosure of the 
accounting would also permit the individual who is the subject of a 
record to impede the investigation, to tamper with witnesses or 
evidence, and to avoid detection or apprehension, which would 
undermine the entire investigative process.
    (b) From subsection (d) (Access to Records) because access to 
the records contained in this system of records could inform the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation, to the existence of the 
investigation, and reveal investigative interest on the part of DHS 
or another agency. Access to the records could permit the individual 
who is the subject of a record to impede the investigation, to 
tamper with witnesses or evidence, and to avoid detection or 
apprehension. Amendment of the records could interfere with ongoing 
investigations and law enforcement activities and would impose an 
impossible administrative burden by requiring investigations to be 
continuously reinvestigated. In addition, permitting access and 
amendment to such information could disclose security-sensitive 
information that could be detrimental to homeland security.
    (c) From subsection (e)(1) (Relevancy and Necessity of 
Information) because in the course of investigations into potential 
violations of Federal law, the accuracy of information obtained or 
introduced occasionally may be unclear or the information may not be 
strictly relevant or necessary to a specific investigation. In the 
interests of effective law enforcement, it is appropriate to retain 
all information that may aid in establishing patterns of unlawful 
activity.
    (d) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from 
the subject of an investigation would alert the subject to the 
nature or existence of an investigation, thereby interfering with 
the related investigation and law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because 
providing such detailed information would impede law enforcement in 
that it could compromise investigations by: Revealing the existence 
of an otherwise confidential investigation and thereby provide an 
opportunity for the subject of an investigation to conceal evidence, 
alter patterns of behavior, or take other actions that could thwart 
investigative efforts; reveal the identity of witnesses in 
investigations, thereby providing an opportunity for the subjects of 
the investigations or others to harass, intimidate, or otherwise 
interfere with the collection of evidence or other information from 
such witnesses; or reveal the identity of confidential informants, 
which would negatively affect the informant's usefulness in any 
ongoing or future investigations and discourage members of the 
public from cooperating as confidential informants in any future 
investigations.
    (f) From subsections (e)(4)(G) and (H) (Agency Requirements), 
and (f) (Agency Rules) because portions of this system are exempt 
from the individual access provisions of subsection (d) for the 
reasons noted above, and therefore DHS is not required to establish 
requirements, rules, or procedures with respect to such access. 
Providing notice to individuals with respect to existence of records 
pertaining to them in the system of records or otherwise setting up 
procedures pursuant to which individuals may access and view records 
pertaining to themselves in the system would undermine investigative 
efforts and reveal the identities of witnesses, and potential 
witnesses, and confidential informants.
    (g) From subsection (e)(5) (Collection of Information) because 
in the collection of information for law enforcement purposes it is 
impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with (e)(5) would 
preclude DHS agents from using their investigative training and 
exercise of good judgment to both conduct and report on 
investigations.
    (h) From subsection (e)(8) (Notice on Individuals) because 
compliance would interfere with DHS' ability to obtain, serve, and 
issue subpoenas, warrants, and other law enforcement mechanisms that 
may be filed under seal, and could result in disclosure of 
investigative techniques, procedures, and evidence.
    (i) From subsection (g) to the extent that the system is exempt 
from other specific subsections of the Privacy Act relating to 
individuals' rights to access and amend their records contained in 
the system. Therefore DHS is not required to establish rules or 
procedures pursuant to which individuals may seek a civil remedy for 
the agency's: Refusal to amend a record; refusal to comply with a 
request for access to records; failure to maintain accurate, 
relevant, timely and complete records; or failure to otherwise 
comply with an individual's right to access or amend records.

    Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.

 [FR Doc. E8-29053 Filed 12-8-08; 8:45 am]

BILLING CODE 4410-10-P


[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Proposed Rules]               
[Page 74637-74639]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-13]                         

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2008-0181]

 
Privacy Act of 1974: Implementation of Exemptions; United States 
Immigration and Customs Enforcement Law Enforcement Support Center 
Alien Criminal Response Information Management System

AGENCY: Privacy Office, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security (DHS) is giving concurrent 
notice of a revised and updated system of records pursuant to the 
Privacy Act of 1974 for the United States Immigration and Customs 
Enforcement (ICE) Law Enforcement Support Center (LESC) Alien Criminal 
Response Information Management System (ACRIMe) system of records and 
this proposed rulemaking. In this proposed rulemaking, the Department 
proposes to exempt portions of the system of records from one or more 
provisions of the Privacy Act because of criminal, civil, and 
administrative enforcement requirements. The exemptions for the legacy 
system of records notices will continue to be applicable until the 
final rule for this SORN has been completed.

DATES: Comments must be received on or before January 8, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0181, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Department 
of Homeland Security, Washington DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. 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

[[Page 74638]]

comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Lyn Rahilly, Privacy Officer (202-732-3300), Immigration and Customs 
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail: 
ICEPrivacy@dhs.gov. For privacy issues, please contact: Hugo Teufel III 
(703-235-0780), Chief Privacy Officer, Privacy Office, Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:
    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 maintenance of records concerning the operation of the 
ICE LESC. The LESC is ICE's 24-hour national enforcement operations 
facility. Although Title 8 U.S. Code immigration violations were the 
original focus of the LESC and ACRIMe under the Immigration and 
Naturalization Service (INS), the mission of the LESC now supports the 
full range of ICE's law enforcement operations. Specifically, the LESC 
provides assistance including, but not limited to, immigration status 
information to local, State and Federal law enforcement agencies on 
aliens suspected, arrested, or convicted of criminal activity, Customs 
violations, and violations of other laws within ICE's jurisdiction. 
This notice updates the preexisting system of records notice for the 
LESC Database published by the legacy INS, which owned the LESC prior 
to the creation of DHS. The LESC transferred to ICE with the creation 
of DHS and the LESC database is now known as the Alien Criminal 
Response Information Management System (ACRIMe).
    The ACRIMe Database facilitates the response of LESC personnel to 
specific inquiries from law enforcement agencies that seek to determine 
the immigration status of an individual and whether the individual is 
under investigation and/or wanted by ICE or other law enforcement 
agencies. ACRIMe also supports ICE's efforts to identify aliens with 
prior criminal convictions that may qualify them for removal from the 
U.S. as aggravated felons. In addition, this system of records helps to 
facilitate the processing of aliens for deportation or removal 
proceedings.
    The ACRIMe Database also facilitates the collection, tracking, and 
distribution of information about possible violations of customs and 
immigration law reported by the general public to the toll-free DHS/ICE 
Tip-line. ACRIMe logs requests for assistance from criminal justice 
personnel who contact the LESC on the full range of ICE law enforcement 
missions. ACRIMe supports the entry of both administrative 
(immigration) and criminal arrest warrants into the Federal Bureau of 
Investigation's National Crime Information Center (NCIC) system. 
Finally, it also enables ICE to collect and analyze data to evaluate 
the effectiveness and quality of LESC services and ICE's immigration 
law enforcement efforts.
    Consistent with DHS's information sharing mission, information 
stored in ACRIMe 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.
    In this notice of proposed rulemaking, DHS is now proposing to 
exempt Law Enforcement Support Center Alien Criminal Response 
Information Management System, in part, from certain provisions of the 
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 personally identifiable 
information. 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 the individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. 
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 part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description of 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 recordkeeping 
practices transparent, to notify individuals regarding the uses to 
which personally identifiable information is put, and to assist 
individuals in finding such files within the agency.
    The Privacy Act allows Government agencies to exempt certain 
records from the access and amendment provisions. If an agency claims 
an exemption, however, it must issue a Notice of Proposed Rulemaking to 
make clear to the public the reasons why a particular exemption is 
claimed.
    DHS is claiming exemptions from certain requirements of the Privacy 
Act for LESC ACRIMe. Some information in LESC ACRIMe relates to 
official DHS national security, law enforcement, immigration, and 
intelligence activities. These exemptions are needed to protect 
information relating to DHS activities from disclosure to subjects or 
others related to these activities. Specifically, the exemptions are 
required to preclude subjects of these activities from frustrating 
these processes; to avoid disclosure of activity techniques; to protect 
the identities and physical safety of confidential informants and law 
enforcement personnel; to ensure DHS's ability to obtain information 
from third parties and other sources; to protect the privacy of third 
parties; and to safeguard classified information. Disclosure of 
information to the subject of the inquiry could also permit the subject 
to avoid detection or apprehension.
    The exemptions proposed here are standard law enforcement and 
national security exemptions exercised by a large number of Federal law 
enforcement and intelligence agencies. In appropriate circumstances, 
where compliance would not appear to interfere with or adversely affect 
the law enforcement purposes of this system and the overall law 
enforcement process, the applicable exemptions may be waived on a case-
by-case basis.
    A notice of system of records for LESC ACRIMe is also published in 
this issue of the Federal Register.

List of Subjects in 6 CFR Part 5

    Freedom of information, Privacy.

    For the reasons stated in the preamble, DHS proposes to amend 
Chapter I of Title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

    1. The authority citation for Part 5 continues to read as follows:

    Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 et 
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.

    2. Add at the end of Appendix C to Part 5, Exemption of Record 
Systems under the Privacy Act, the following new paragraph ``14'':

[[Page 74639]]

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    14. The DHS, ICE LESC ACRIMe system of records consists of 
electronic and paper records and will be used by DHS and its 
components. Law Enforcement Support Center Alien Criminal Response 
Information Management System is a repository of information held by 
DHS in connection with its several and varied missions and 
functions, including, but not limited to: The enforcement of civil 
and criminal laws; investigations, inquiries, and proceedings 
thereunder; and national security and intelligence activities. Law 
Enforcement Support Center Alien Criminal Response Information 
Management System contains information that is collected by, on 
behalf of, in support of, or in cooperation with DHS and its 
components and may contain personally identifiable information 
collected by other Federal, State, local, tribal, foreign, or 
international government agencies. Pursuant to exemption 5 U.S.C. 
552a(j)(2) of the Privacy Act, portions of this system are exempt 
from 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), 
(e)(4)(G), (e)(4)(H), and (e)(5) and (e)(8); (f), and (g). Pursuant 
to 5 U.S.C. 552a(k)(2) of the Privacy Act, this system is exempt 
from the following provisions of the Privacy Act, subject to the 
limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), 
(d), (e)(1), (e)(4)(G), (e)(4)(H), and (f). Exemptions from these 
particular subsections are justified, on a case-by-case basis to be 
determined at the time a request is made, for the following reasons:
    (a) From subsection (c)(3) and (4) (Accounting for Disclosures) 
because release of the accounting of disclosures could alert the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation to the existence of the 
investigation, and reveal investigative interest on the part of DHS 
as well as the recipient agency. Disclosure of the accounting would 
therefore present a serious impediment to law enforcement efforts 
and/or efforts to preserve national security. Disclosure of the 
accounting would also permit the individual who is the subject of a 
record to impede the investigation, to tamper with witnesses or 
evidence, and to avoid detection or apprehension, which would 
undermine the entire investigative process.
    (b) From subsection (d) (Access to Records) because access to 
the records contained in this system of records could inform the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation, to the existence of the 
investigation, and reveal investigative interest on the part of DHS 
or another agency. Access to the records could permit the individual 
who is the subject of a record to impede the investigation, to 
tamper with witnesses or evidence, and to avoid detection or 
apprehension. Amendment of the records could interfere with ongoing 
investigations and law enforcement activities and would impose an 
impossible administrative burden by requiring investigations to be 
continuously reinvestigated. In addition, permitting access and 
amendment to such information could disclose security-sensitive 
information that could be detrimental to homeland security.
    (c) From subsection (e)(1) (Relevancy and Necessity of 
Information) because in the course of investigations into potential 
violations of Federal law, the accuracy of information obtained or 
introduced occasionally may be unclear or the information may not be 
strictly relevant or necessary to a specific investigation. In the 
interests of effective law enforcement, it is appropriate to retain 
all information that may aid in identifying or establishing patterns 
of unlawful activity.
    (d) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from 
the subject of an investigation would alert the subject to the 
nature or existence of an investigation, thereby interfering with 
the related investigation and law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because 
providing such detailed information would impede law enforcement in 
that it could compromise investigations by: Revealing the existence 
of an otherwise confidential investigation and thereby provide an 
opportunity for the subject of an investigation to conceal evidence, 
alter patterns of behavior, or take other actions that could thwart 
investigative efforts; reveal the identity of witnesses in 
investigations, thereby providing an opportunity for the subjects of 
the investigations or others to harass, intimidate, or otherwise 
interfere with the collection of evidence or other information from 
such witnesses; or reveal the identity of confidential informants, 
which would negatively affect the informant's usefulness in any 
ongoing or future investigations and discourage members of the 
public from cooperating as confidential informants in any future 
investigations.
    (f) From subsections (e)(4)(G), (H) (Agency Requirements), and 
(f) (Agency Rules) because portions of this system are exempt from 
the individual access provisions of subsection (d) for the reasons 
noted above, and therefore DHS is not required to establish 
requirements, rules, or procedures with respect to such access. 
Providing notice to individuals with respect to existence of records 
pertaining to them in the system of records or otherwise setting up 
procedures pursuant to which individuals may access and view records 
pertaining to themselves in the system would undermine investigative 
efforts and reveal the identities of witnesses, and potential 
witnesses, and confidential informants.
    (g) From subsection (e)(5) (Collection of Information) because 
in the collection of information for law enforcement purposes it is 
impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with (e)(5) would 
preclude DHS agents from using their investigative training and 
exercise of good judgment to both conduct and report on 
investigations.
    (h) From subsection (e)(8) (Notice on Individuals) because 
compliance would interfere with DHS' ability to obtain, serve, and 
issue subpoenas, warrants, and other law enforcement mechanisms that 
may be filed under seal, and could result in disclosure of 
investigative techniques, procedures, and evidence.
    (i) From subsection (g) to the extent that the system is exempt 
from other specific subsections of the Privacy Act relating to 
individuals' rights to access and amend their records contained in 
the system. Therefore DHS is not required to establish rules or 
procedures pursuant to which individuals may seek a civil remedy for 
the agency's: Refusal to amend a record; refusal to comply with a 
request for access to records; failure to maintain accurate, 
relevant, timely and complete records; or failure to otherwise 
comply with an individual's right to access or amend records.

    Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.

[FR Doc. E8-29058 Filed 12-8-08; 8:45 am]

BILLING CODE 4410-10-P


[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Proposed Rules]               
[Page 74633-74635]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-11]                         

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2008-0187]

 
Privacy Act of 1974: Implementation of Exemptions; U.S. 
Immigration and Customs Enforcement Intelligence Records System (IIRS)

AGENCY: Privacy Office, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 74634]]

SUMMARY: The Department of Homeland Security (DHS), U.S. Immigration 
and Customs Enforcement, is giving concurrent notice of a new system of 
records pursuant to the Privacy Act of 1974 for the U.S. Immigration 
and Customs Enforcement Intelligence Records System (IIRS) and this 
proposed rulemaking. In this proposed rulemaking, the Department 
proposes to exempt portions of the system of records from one or more 
provisions of the Privacy Act because of criminal, civil, and 
administrative enforcement requirements.

DATES: Comments must be received on or before January 8, 2009.

ADDRESSES: You may submit comments, identified by DHS-2008-0187 by one 
of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, 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 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: Lyn Rahilly, Privacy Officer, U.S. 
Immigration and Customs Enforcement, 425 I Street, NW., Washington, DC 
20536, e-mail: ICEPrivacy@dhs.gov, or Hugo Teufel III (703-235-0780), 
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland 
Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    The U.S. Immigration and Customs Enforcement (ICE) Intelligence 
Records System (IIRS) system of records contains information generated 
or received by the ICE Office of Intelligence, or other offices within 
ICE that support the law enforcement intelligence mission, that is 
analyzed and disseminated to ICE executive management and operational 
units for law enforcement, intelligence, counterterrorism, and other 
homeland security purposes. Using various databases and tools, ICE 
produces formal law-enforcement intelligence reports that are the end-
result of the intelligence process. These reports, the underlying data 
on which they are based, and the work papers used or created by the 
analysts and agents, are all included within the IIRS system of 
records.
    IIRS also contains data maintained in the Office of Intelligence's 
Intelligence Fusion System (IFS), a software application and data 
repository that supports research and analysis of information from a 
variety of sources within and outside of DHS to support law enforcement 
investigations, administration of immigration and naturalization laws 
and other laws administered or enforced by DHS, and production of DHS 
intelligence products. IFS is specifically designed to make the 
intelligence research and analysis process more efficient by allowing 
searches of a broad range of data through a single interface. IFS can 
also identify links (relationships) between individuals or entities 
based on commonalities, such as identification numbers, addresses, or 
other information. These commonalities in and of themselves are not 
suspicious, but in the context of additional information they sometimes 
help DHS agents and analysts to identify potentially criminal activity 
and identify other suspicious activities. These commonalities can also 
form the basis for a DHS-generated intelligence product that may lead 
to further investigation or other appropriate follow-up action by ICE, 
DHS, or other Federal, State, or local agencies.
    DHS personnel may access IFS only if they hold positions that 
involve the execution of law enforcement responsibilities, the 
administration of immigration and naturalization laws and other laws 
enforced by DHS, or the production of DHS intelligence products. While 
IFS does increase the efficiency of data research and analysis, it does 
not allow DHS personnel to obtain any data they could not otherwise 
access in the course of their job responsibilities. IFS does not seek 
to predict future behavior or ``profile'' individuals, i.e., look for 
individuals who meet a certain pattern of behavior that has been pre-
determined to be suspect.

II. Privacy Act

    In this notice of proposed rulemaking, DHS now is proposing to 
exempt IIRS, in part, from certain provisions of the 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 personally identifiable 
information. 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 the individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. 
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 part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description of 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 recordkeeping 
practices transparent, to notify individuals regarding the uses to 
which personally identifiable information is put, and to assist 
individuals in finding such files within the agency. The Privacy Act 
also allows Government agencies to exempt certain records from the 
access and amendment provisions. If an agency claims an exemption, 
however, it must issue a notice of proposed rulemaking to make clear to 
the public the reasons why a particular exemption is claimed.
    DHS is claiming exemptions from certain requirements of the Privacy 
Act for IIRS. Some information in IIRS relates to official DHS national 
security, law enforcement, and intelligence activities. These 
exemptions are needed to protect information relating to DHS activities 
from disclosure to subjects or others related to these activities. 
Specifically, the exemptions are required to preclude subjects of these 
activities from frustrating these processes; to avoid disclosure of law 
enforcement intelligence and investigative techniques; to protect the 
identities and physical safety of confidential informants and of border 
management and law enforcement personnel; to ensure DHS's ability to 
obtain information from third parties and other sources; to protect the 
privacy of third parties; and to safeguard classified information. 
Disclosure of information to the subject of the inquiry could also 
permit the subject to avoid detection or apprehension.
    The exemptions proposed here are standard law enforcement and 
national security exemptions exercised by a large number of Federal law 
enforcement and intelligence agencies. In appropriate circumstances, 
where compliance would not appear to interfere with or adversely affect 
the law enforcement purposes of this system and the overall law 
enforcement process, the applicable exemptions may be waived on a case 
by case basis.

[[Page 74635]]

    A notice of system of records for the Department's IIRS System is 
also published in this issue of the Federal Register.

List of Subjects in 6 CFR Part 5

    Freedom of information, Privacy.

    For the reasons stated in the preamble, DHS proposes to amend 
Chapter I of Title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

    1. The authority citation for Part 5 continues to read as follows:

    Authority: Public Law 107-296, 116 Stat. 2135, 6 U.S.C. 101 et 
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.

    2. At the end of Appendix C to Part 5, add the following new 
paragraph 14 to read as follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    14. The ICE Intelligence Records System (IIRS) consists of 
electronic and paper records and will be used by the Department of 
Homeland Security (DHS). IIRS is a repository of information held by 
DHS in connection with its several and varied missions and 
functions, including, but not limited to: The enforcement of civil 
and criminal laws; investigations, inquiries, and proceedings 
thereunder; and national security and intelligence activities. IIRS 
contains information that is collected by other federal and foreign 
government agencies and may contain personally identifiable 
information. Pursuant to exemption 5 U.S.C. 552a(j)(2) of the 
Privacy Act, portions of this system are exempt from 5 U.S.C. 
552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(5) and (e)(8); (f), and (g). Pursuant to 5 U.S.C. 
552a(k)(2), this system is exempt from the following provisions of 
the Privacy Act, subject to the limitations set forth in those 
subsections: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
and (f). Exemptions from these particular subsections are justified, 
on a case-by-case basis to be determined at the time a request is 
made, for the following reasons:
    (a) From subsection (c)(3) and (4) (Accounting for Disclosures) 
because release of the accounting of disclosures could alert the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation to the existence of the 
investigation, and reveal investigative interest on the part of DHS 
as well as the recipient agency. Disclosure of the accounting would 
therefore present a serious impediment to law enforcement efforts 
and/or efforts to preserve national security. Disclosure of the 
accounting would also permit the individual who is the subject of a 
record to impede the investigation, to tamper with witnesses or 
evidence, and to avoid detection or apprehension, which would 
undermine the entire investigative process.
    (b) From subsection (d) (Access to Records) because access to 
the records contained in this system of records could inform the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation, to the existence of the 
investigation, and reveal investigative interest on the part of DHS 
or another agency. Access to the records could permit the individual 
who is the subject of a record to impede the investigation, to 
tamper with witnesses or evidence, and to avoid detection or 
apprehension. Amendment of the records could interfere with ongoing 
investigations and law enforcement activities and would impose an 
impossible administrative burden by requiring investigations to be 
continuously reinvestigated. In addition, permitting access and 
amendment to such information could disclose security-sensitive 
information that could be detrimental to homeland security.
    (c) From subsection (e)(1) (Relevancy and Necessity of 
Information) because in the course of investigations into potential 
violations of Federal law, the accuracy of information obtained or 
introduced occasionally may be unclear or the information may not be 
strictly relevant or necessary to a specific investigation. In the 
interests of effective law enforcement, it is appropriate to retain 
all information that may aid in establishing patterns of unlawful 
activity.
    (d) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from 
the subject of an investigation would alert the subject to the 
nature or existence of an investigation, thereby interfering with 
the related investigation and law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because 
providing such detailed information would impede law enforcement in 
that it could compromise investigations by: Revealing the existence 
of an otherwise confidential investigation and thereby provide an 
opportunity for the subject of an investigation to conceal evidence, 
alter patterns of behavior, or take other actions that could thwart 
investigative efforts; reveal the identity of witnesses in 
investigations, thereby providing an opportunity for the subjects of 
the investigations or others to harass, intimidate, or otherwise 
interfere with the collection of evidence or other information from 
such witnesses; or reveal the identity of confidential informants, 
which would negatively affect the informant's usefulness in any 
ongoing or future investigations and discourage members of the 
public from cooperating as confidential informants in any future 
investigations.
    (f) From subsections (e)(4)(G) and (H) (Agency Requirements), 
and (f) (Agency Rules) because portions of this system are exempt 
from the individual access provisions of subsection (d) for the 
reasons noted above, and therefore DHS is not required to establish 
requirements, rules, or procedures with respect to such access. 
Providing notice to individuals with respect to existence of records 
pertaining to them in the system of records or otherwise setting up 
procedures pursuant to which individuals may access and view records 
pertaining to themselves in the system would undermine investigative 
efforts and reveal the identities of witnesses, and potential 
witnesses, and confidential informants.
    (g) From subsection (e)(5) (Collection of Information) because 
in the collection of information for law enforcement purposes it is 
impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with (e)(5) would 
preclude DHS agents from using their investigative training and 
exercise of good judgment to both conduct and report on 
investigations.
    (h) From subsection (e)(8) (Notice on Individuals) because 
compliance would interfere with DHS' ability to obtain, serve, and 
issue subpoenas, warrants, and other law enforcement mechanisms that 
may be filed under seal, and could result in disclosure of 
investigative techniques, procedures, and evidence.
    (i) From subsection (g) (Civil Remedies) to the extent that the 
system is exempt from other specific subsections of the Privacy Act 
relating to individuals' rights to access and amend their records 
contained in the system. Therefore DHS is not required to establish 
rules or procedures pursuant to which individuals may seek a civil 
remedy for the agency's refusal to amend a record; refusal to comply 
with a request for access to records; failure to maintain accurate, 
relevant, timely and complete records; or failure to otherwise 
comply with an individual's right to access or amend records.

    Dated: December 1, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.

 [FR Doc. E8-29060 Filed 12-8-08; 8:45 am]

BILLING CODE 4410-10-P


[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]               
[Page 74729-74732]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-64]                         

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0129]

 
Privacy Act of 1974; United States Immigration and Customs 
Enforcement--010 Confidential and Other Sources of Information 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 is giving notice that it proposes to consolidate 
three legacy record systems: Treasury/CS.053 Confidential Source 
Identification File, Treasury/CS.058 Cooperating Individual Files, and 
Treasury/CS.122 Information Received File into a new Immigration and 
Customs Enforcement (ICE) system of records notice titled Confidential 
and Other Sources of Information (COSI). Categories of individuals, 
categories of records, and the routine uses of these legacy system of 
records notices have been consolidated and updated to better reflect 
ICE COSI record systems. Additionally, DHS is issuing a Notice of 
Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in the 
Federal Register. The exemptions for the legacy system of records 
notices will continue to be applicable until the final rule for this 
SORN has been completed. This system will be included in the 
Department's inventory of record systems.

DATES: Written comments must be submitted on or before January 8, 2009. 
This new system will be effective January 8, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0129 by one of the following methods:
     Federal e-Rulemaking Portal: http:// www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, 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 please contact: 
Lyn Rahilly, Privacy Officer, (202-732-3300), Immigration and Customs 
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail: 
ICEPrivacy@dhs.gov. For privacy issues please contact: Hugo Teufel III 
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. 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 DHS and its component agency ICE have relied on preexisting 
Privacy Act systems of records notices for the collection and 
maintenance of records pertaining to information received from 
confidential and other sources. As a law enforcement investigatory 
agency, ICE collects and maintains information regarding possible 
violations of law from a number of sources, including confidential 
sources, State, local, tribal and Federal law enforcement agencies, and 
members of the public. As part of its efforts to streamline and 
consolidate its record systems, DHS is establishing a component system 
of records under the Privacy Act (5 U.S.C. 552a) for ICE to cover these 
records. This new system of records will allow ICE to collect and 
maintain records concerning the identities of and information received 
from documented confidential sources and other sources who supply 
information to ICE regarding possible violations of law or otherwise in 
support of law enforcement investigations and activities.
    In accordance with the Privacy Act of 1974, DHS is giving notice 
that it proposes to consolidate three legacy record systems: Treasury/
CS.053 Confidential Source Identification File (66 FR 52984 October 18, 
2001), Treasury/CS.058 Cooperating Individual Files (66 FR 52984 
October 18, 2001), and Treasury/CS.122 Information Received File (66 FR 
52984 October 18, 2001), into a DHS/ICE system of records notice 
titled, United States Immigration and Customs Enforcement Information, 
and Confidential Sources. Categories of individuals, categories of 
records, and the routine uses of these legacy system of records notices 
have been consolidated and updated to better reflect the DHS/ICE 
Information, and Confidential Sources record systems. Additionally, DHS 
is issuing a Notice of Proposed Rulemaking (NPRM) concurrent with this 
SORN elsewhere in the Federal Register. The exemptions for the legacy 
system of records notices will continue to be applicable until the 
final rule for this SORN has been completed. This system will be 
included in the Department'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 United States Government 
collects, maintains, uses, and disseminates individuals' records. The

[[Page 74730]]

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 for 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 where 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 of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the ICE Confidential and 
Other Sources of Information (COSI) 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 (OMB) and 
to Congress.
System of Records: DHS/ICE-010.

System name:
    Immigration and Customs Enforcement Confidential and Other Sources 
of Information (COSI).

Security classification:
    Unclassified. Law Enforcement Sensitive (LES).

System location:
    Records are maintained at the ICE Headquarters in Washington, DC, 
and in field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
    (1) Confidential Sources: Individuals who report information to ICE 
regarding possible violations of law or other information in support of 
law enforcement investigations and activities who have been documented 
as a confidential source. These individuals include confidential 
informants; Federal, State, local, tribal, territorial, or foreign 
government personnel or law enforcement officers; and members of the 
public acting in either their personal or professional capacities;
    (2) Non-Confidential Sources: Individuals other than those 
described in (1) above, who report information to ICE regarding 
possible violations of law or other information in support of law 
enforcement investigations and activities. These individuals include 
Federal, State, local, tribal, territorial, or foreign government 
personnel or law enforcement officers; and members of the public acting 
in either their personal or professional capacities.
    (3) Individuals reported by Confidential and Non-Confidential 
Sources: Individuals whose information is provided to ICE by the 
individuals described in (1) and (2) above. These individuals are 
typically persons who are alleged to have engaged in, witnessed, or 
otherwise been associated with suspected illegal activity.

Categories of records in the system:
    Categories of records in this system may include:
    For Confidential Sources:
     Individual's name (actual or assumed).
     ICE Confidential Source (identifying) number.
     Date ICE Source number assigned.
     Addresses.
     Nationality.
     Occupational information.
     Date and place of birth.
     Physical description of identifying features.
     Photograph of Source.
     Identifying numbers such as Social Security Number, 
driver's license number, FBI number, and passport number.
     Criminal history record.
     Copy of driver's license.
     Copy of alien registration card.
     Documentation of information received and the amount and 
date of any monetary payment made to the source.
    For other non-confidential sources of information:
     Individual's name (actual or assumed).
     Addresses.
     Nationality.
     Occupational information.
    For individuals about whom confidential and non-confidential 
information is provided:
     Individual's name (alleged violator, witness, interested 
parties, those connected with the investigation);
     Fingerprints;
     Handwriting sample;
     Aliases;
     Social Security Number;
     Nationality;
     Date of birth;
     Place of birth;
     Addresses;
     Telephone numbers;
     Emergency contact information;
     Occupation;
     Association/Organization memberships;
     Physical description of the individual;
     Photograph of the individual;
     Alien registration number;
     Copy of Alien registration card;
     Copy of Driver's license;
     Driver's license number;
     Registration number of vehicle, vessel, or aircraft;
     FBI/National Crime Information Center (NCIC) number;
     Passport number;
     ICE Investigative case number;
     Internal DHS/ICE memoranda and related materials regarding 
possible violations of law;
     Criminal record information;
     Financial record information;
     Documentation of information received from confidential 
sources, agencies and other individuals;
     The ICE office receiving the information; and
     ICE Duty Agent Log of information received, which contains 
some or all of the specific data listed above.

Authority for maintenance of the system:
    5 U.S.C. 301; 18 U.S.C. Chapter 27; and 19 U.S.C. 1619.

Purpose(s):
    The purpose of this system is to document and manage the identities 
of and information received from a number of sources, including 
confidential sources, regarding possible violations of law or other 
information in support of law enforcement investigations and activities 
conducted by ICE.

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

[[Page 74731]]

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 the 
Department of Justice 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 
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, 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 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 court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings or in 
response to a subpoena from a court of competent jurisdiction.
    J. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate to the proper 
performance of the official duties of the officer making the 
disclosure.
    K. To Federal and foreign government intelligence or 
counterterrorism agencies or components where DHS becomes aware of an 
indication of a threat or potential threat to national or international 
security, or where such use is to assist in anti-terrorism efforts and 
disclosure is appropriate to the proper performance of the official 
duties of the person making the disclosure.
    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 magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records for confidential sources are retrieved by ICE their 
numerical identifier or the associated ICE investigative case number. 
Other source records are retrieved by ICE investigative case number, 
individual's name or alias (source, subject or other person connected 
with the investigation), the ICE field office which received the 
information, and the date the information was received.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
system security 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.

Retention and disposal:
    Records are maintained until the end of the fiscal year in which 
the related investigative file is closed. The records are then 
transferred to the Federal Records Center five (5) years after the end 
of that fiscal year. The records are then destroyed 50 years after the 
end of the fiscal year in which the related investigative file is 
closed. Disposal of paper files occurs by burning or shredding; 
electronic data is disposed of using methods approved by the DHS Chief 
Information Security Officer.

[[Page 74732]]

System Manager and address:
    Deputy Assistant Director, Investigative Services Division, Office 
of Investigations, ICE Headquarters, Potomac Center North, 500 12th 
St., SW., Washington, DC 20024.

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 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:
     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,
     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) will 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:
    Other Federal, State, local, and tribal law enforcement agencies, 
confidential sources, any other sources of information including 
members of the public.

Exemptions claimed for the system:
    Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, 
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4); 
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); 
(f), and (g). Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt 
from the following provisions of the Privacy Act, subject to the 
limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (e)(4)(H), and (f). In addition, to the extent a 
record contains information from other exempt systems of records, ICE 
will rely on the exemptions claimed for those systems.

    Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29054 Filed 12-8-08; 8:45 am]

BILLING CODE 4410-10-P


[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]               
[Page 74732-74735]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-65]                         

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0130]

 
Privacy Act of 1974; United States Immigration and Customs 
Enforcement--008 Search, Arrest, and Seizure Records 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 is giving notice that it proposes to consolidate two 
legacy record systems: Treasury/CS.212 Search/Arrest/Seizure Report and 
Treasury/CS.214 Seizure File into a Immigration and Customs Enforcement 
system of records notice titled Search, Arrest, and Seizure Records. 
Categories of individuals, categories of records, and the routine uses 
of these legacy system of records notices have been consolidated and 
updated to better reflect Immigration and Custom Enforcement's search, 
arrest, and seizure records. Additionally, DHS is issuing a Notice of 
Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in the 
Federal Register. The exemptions for the legacy system of records 
notices will continue to be applicable until the final rule for this 
SORN has been completed. This system will be included in the 
Department's inventory of record systems.

DATES: Written comments must be submitted on or before January 8, 2009. 
This new system will be effective January 8, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0130 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, 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 issues please contact Lyn 
Rahilly, Privacy Officer, (202) 732-3300), Immigration and Customs 
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail: 
ICEPrivacy@dhs.gov. For privacy issues please contact Hugo Teufel III 
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. 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 component 
agency Immigration and Customs Enforcement (ICE) have relied on 
preexisting Privacy Act system of records notices for the collection 
and maintenance of records pertaining to ICE's arrests of individuals, 
and searches, detentions, and seizures of property pursuant to ICE's 
law enforcement authorities. As part of its efforts to streamline and 
consolidate its record systems, DHS is establishing a component system 
of records under the Privacy Act (5 U.S.C.

[[Page 74733]]

552a) for ICE to cover these records. The collection and maintenance of 
this information will assist ICE in meeting its obligation to record 
its actions regarding searches of individuals and property, arrests of 
individuals, and detentions and seizures of property and goods pursuant 
to ICE's law enforcement authorities.
    In accordance with the Privacy Act of 1974, DHS is giving notice 
that it proposes to consolidate two legacy record systems: Treasury/
CS.212 Search/Arrest/Seizure Report (66 FR 52984 October 18, 2001) and 
Treasury/CS.214 Seizure File (66 FR 52984 October 18, 2001) into an ICE 
system of records notice titled Search, Arrest, and Seizure Records. 
Categories of individuals, categories of records, and the routine uses 
of these legacy system of records notices have been consolidated and 
updated to better reflect ICE's search, arrest, and seizure records. 
Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM) 
concurrent with this SORN elsewhere in the Federal Register. The 
exemptions for the legacy system of records notices will continue to be 
applicable until the final rule for this SORN has been completed. This 
system will be included in the Department'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 United States Government 
collects, maintains, uses, and disseminates individuals' information. 
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 for 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 where 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 of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the DHS/ICE Search, 
Arrest, and Seizure 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 (OMB) and 
to Congress.
System of Records
DHS/ICE-008

System name:
    Immigration and Customs Enforcement Search, Arrest, and Seizure 
Records.

Security classification:
    Unclassified. Law Enforcement Sensitive (LES).

System location:
    Records are maintained at the U.S. Immigration and Customs 
Enforcement (ICE) Headquarters in Washington, DC and in field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include persons 
who violated, or are believed to have violated, the laws and 
regulations enforced by ICE, including those who have been 
administratively or criminally charged with violations of such laws and 
regulations. Also included in this system are owners, claimants, and 
other interested parties of the detained, seized and/or forfeited 
property.

Categories of records in the system:
    Categories of records in this system may include: Information about 
individuals:
     Name;
     Nationality;
     Aliases;
     Social Security Number;
     Fingerprints;
     Date of birth;
     Physical description of individual;
     Addresses;
     Telephone numbers;
     Occupation;
     Place of business;
     Driver's license number;
    Information about the search, seizure, or detention of goods or 
property, or the search or arrest of individuals:
     Search/arrest/seizure/detention date;
     License and registration number of vehicle, vessel and/or 
aircraft;
     Individual and/or contraband's mode of entry;
     Photographs related to searches, detentions, seizures, or 
arrests;
     Declaration forms submitted to U.S. Customs and Border 
Protection;
     Receipts of cash, goods, or other property seized, 
detained, or forfeited;
     Description of goods or other property seized, detained, 
searched, or forfeited;
     Estimated foreign value of seized goods or other property;
     Duty paid and owed;
     Domestic value of seized goods or other property;
     Notices provided to owners, claimants, or other interested 
parties pertaining to seized goods or other property;
     Reports of arrests, searches, detentions and seizures by 
ICE including the circumstances of the seizure, including reports from 
other law enforcement agencies;
     Section of law violated; and
     Seized or detained records in both paper and electronic 
form, including computers, computer records, disks, hard drives, flash 
drives and other electronic media and storage devices.

Authority for maintenance of the system:
    5 U.S.C. 301; 19 U.S.C. 66, 1618, 1625; 19 U.S.C. 8; 19 CFR Parts 
171 and 172; the Federal Records Act, 44 U.S.C. 3101; Executive Order 
9373.

Purpose(s):
    The purpose of this system is to document all information and 
activity related to ICE searches of individuals and property, arrests 
of individuals, and seizures of goods, as well as related information 
about the individuals or entities suspected of violations of laws and 
regulations enforced by ICE. The system is also intended to facilitate 
communication between ICE and foreign and domestic law enforcement 
agencies for the purpose of enforcement and administration of laws, 
including immigration and customs laws.

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

[[Page 74734]]

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 the 
Department of Justice 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 
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, 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 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 court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings or in 
response to a subpoena from a court of competent jurisdiction.
    J. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate to the proper 
performance of the official duties of the officer making the 
disclosure.
    K. To international and foreign governmental authorities in 
accordance with the law and formal or informal international 
arrangements.
    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 also stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records are retrieved by individual's name, Social Security Number, 
ICE case number, vehicle, vessel, or aircraft number.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
system security 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.

Retention and disposal:
    Records are maintained for 5 years after final disposition, and 
then are transferred to the Federal Records Center. Records are 
destroyed 20 years after final disposition. Disposal of paper files 
occurs by burning or shredding; electronic data is disposed of using 
methods approved by the DHS Chief Information Security Officer.

System Manager and address:
    Unit Chief, Executive Information Unit/Program Management Oversight 
(EIU/PMO), Office of Investigations, Mission Support Division, U.S. 
Immigration and Customs Enforcement, Potomac Center North, 500 12th 
St., SW., Washington, DC 20024.

Notification procedure:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to

[[Page 74735]]

contest its content, may submit a request in writing to the 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:
     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,
     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) will 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:
    Individuals who have been subject to search or arrest; owners, 
claimants, and other interested parties of detained, seized and/or 
forfeited property; other Federal agencies, and State, tribal and local 
law enforcement agencies; confidential sources; and members of the 
public.

Exemptions claimed for the system:
    Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, 
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4); 
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), and (e)(4)(H), (e)(5) and 
(e)(8); (f); and (g). Pursuant to 5 U.S.C. 552a(k)(2), this system is 
exempt from the following provisions of the Privacy Act, subject to the 
limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (e)(4)(H), and (f). In addition, to the extent a 
record contains information from other exempt systems of records, ICE 
will rely on the exemptions claimed for those systems.

    Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29055 Filed 12-8-08; 8:45 am]

BILLING CODE 4410-10-P


[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]               
[Page 74735-74739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-66]                         

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0186]

 
Privacy Act of 1974; U.S. Immigration and Customs Enforcement-006 
Intelligence Records System (IIRS) 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 establish a new system of records titled 
the U.S. Immigration and Customs Enforcement (ICE) Intelligence Records 
System (IIRS). IIRS contains information generated or received by the 
ICE Office of Intelligence, or other offices within ICE that support 
the law enforcement intelligence mission, that is analyzed and 
disseminated to ICE executive management and operational units for law 
enforcement, intelligence, counterterrorism, and other homeland 
security purposes. IIRS also contains data maintained in the Office of 
Intelligence's Intelligence Fusion System (IFS), a software application 
and data repository that facilitates research and analysis of 
information from a variety of sources within and outside of DHS to 
support law enforcement activities and investigations of violations of 
U.S. laws, administration of immigration laws and other laws 
administered or enforced by DHS, and production of DHS law enforcement 
intelligence products. Additionally, a Privacy Impact Assessment for 
IFS will be posted on the Department's privacy Web site. (See 
www.dhs.gov/privacy and follow the link to ``Privacy Impact 
Assessments.'') Due to urgent homeland security and law enforcement 
mission needs, IFS is currently in operation. Recognizing that ICE is 
publishing a notice of system of records for an existing system, ICE 
will carefully consider public comments, apply appropriate revisions, 
and republish the IIRS notice of system of records within 180 days of 
receipt of comments. A proposed rulemaking is also published in this 
issue of the Federal Register in which the Department proposes to 
exempt portions of this system of records from one or more provisions 
of the Privacy Act because of criminal, civil, and administrative 
enforcement requirements.

DATES: The established system of records will be effective January 8, 
2009. Written comments must be submitted on or before January 8, 2009. 
A revised IIRS notice of system of records that addresses public 
comments, responds to OMB direction, and includes other ICE changes 
will be published not later than July 7, 2009 and will supersede this 
notice of system of records.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0186 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, 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 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: Lyn M. Rahilly (202-514-1900), Privacy 
Officer, U.S. Immigration and Customs Enforcement, 425 I Street, NW., 
Washington, DC 20001, or Hugo Teufel III (703-235-0780), Chief Privacy 
Officer, Privacy Office, U.S. Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

[[Page 74736]]

I. Background

    The ICE Intelligence Records System (IIRS) system of records is 
owned by the ICE Office of Intelligence. It consists of information 
generated or received by the Office of Intelligence, or other offices 
within ICE that support the law enforcement intelligence mission, that 
is analyzed and disseminated to ICE executive management and 
operational units for law enforcement, intelligence, counterterrorism, 
and other homeland security purposes. Using various databases and 
tools, the Office of Intelligence produces formal law-enforcement 
intelligence reports that are the end-result of the intelligence 
process. These reports, the underlying data on which they are based, 
and the work papers used or created by the analysts and agents, are all 
included within the IIRS system of records.
    As part of the intelligence process, ICE investigators and analysts 
must review large amounts of data to identify and understand 
relationships between individuals, entities, threats, and events to 
generate law-enforcement intelligence products that provide ICE 
operational units with actionable information for law enforcement 
purposes. If performed manually, this process can involve hours of 
analysis of voluminous data. To automate and expedite this process, the 
former Immigration and Naturalization Service created a software 
application and data repository that allowed for the efficient research 
and analysis of data from a variety of sources. That application is now 
called the Intelligence Fusion System (IFS) and is currently owned by 
the ICE Office of Intelligence.
    IFS is specifically designed to make the intelligence research and 
analysis process more efficient by allowing searches of a broad range 
of data through a single interface. IFS can also identify links 
(relationships) between individuals or entities based on commonalities, 
such as identification numbers, addresses, or other information. These 
commonalities in and of themselves are not suspicious, but in the 
context of additional information they sometimes help DHS agents and 
analysts to identify potentially criminal activity and identify other 
suspicious activities. These commonalities can also form the basis for 
a DHS-generated intelligence product that may lead to further 
investigation or other appropriate follow-up action by ICE, DHS, or 
other Federal, State, or local agencies.
    DHS personnel may access IFS only if they hold positions that 
involve the execution of law enforcement responsibilities, the 
administration of immigration and naturalization laws, or the 
production of DHS intelligence products. While IFS does increase the 
efficiency of data research and analysis, it does not allow DHS 
personnel to obtain any data they could not otherwise access in the 
course of their job responsibilities. IFS does not seek to predict 
future behavior or ``profile'' individuals, i.e., look for individuals 
who meet a certain pattern of behavior that has been pre-determined to 
be suspect.
    Individuals may request information about records pertaining to 
them stored in IIRS as outlined in the ``Notification Procedure'' 
section below. ICE reserves the right to exempt various records from 
release pursuant to exemptions 5 U.S.C. 552a(j)(2) and (k)(2) of the 
Privacy Act.
    Consistent with DHS's information sharing mission, information 
stored in IIRS 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.

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 personally identifiable 
information. 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 for 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 legal permanent residents. As a matter of policy, DHS 
extends administrative Privacy Act protections to all individuals where 
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 recordkeeping 
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 IIRS 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 and 
to Congress.

SYSTEM OF RECORDS:
DHS/ICE-006

System name:
    ICE Intelligence Records System (IIRS).

Security classification:
    Sensitive But Unclassified, Classified.

System location:
    Records are maintained at ICE Headquarters in Washington, DC, and 
field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include the 
following: (1) Individuals (e.g., subjects, witnesses, associates) 
associated with immigration enforcement activities or law enforcement 
investigations/activities conducted by ICE, the former Immigration and 
Naturalization Service, or the former U.S. Customs Service; (2) 
individuals associated with law enforcement investigations or 
activities conducted by other Federal, State, tribal, territorial, 
local or foreign agencies where there is a potential nexus to ICE's law 
enforcement and immigration enforcement responsibilities or homeland 
security in general; (3) individuals known or appropriately suspected 
to be or have been engaged in conduct constituting, in preparation for, 
in aid of, or related to terrorism; (4) individuals involved in, 
associated with, or who have reported suspicious activities, threats, 
or other incidents reported by domestic and foreign government 
agencies, multinational or non-governmental organizations, critical 
infrastructure owners and operators, private sector entities and 
organizations, and individuals; and (5) individuals who are the 
subjects of or otherwise identified in classified or unclassified 
intelligence reporting received or reviewed by ICE.

[[Page 74737]]

    IIRS includes an information technology system known as the 
Intelligence Fusion System (IFS). In addition to the categories of 
individuals listed above, IFS also includes the following: (1) 
Individuals identified in law enforcement, intelligence, crime, and 
incident reports (including financial reports under the Bank Secrecy 
Act and law enforcement bulletins) produced by DHS and other government 
agencies; (2) individuals identified in U.S. visa, border, immigration 
and naturalization benefit data, including arrival and departure data; 
(3) individuals identified in DHS law enforcement and immigration 
records; (4) individuals not authorized to work in the United States; 
(5) individuals whose passports have been lost or stolen; and (6) 
individuals identified in public news reports.

Categories of records in the system:
    Categories of records in this system include: (1) Biographic 
information (name, date of birth, social security number, alien 
registration number, citizenship/immigration status, passport 
information, addresses, phone numbers, etc.); (2) Records of 
immigration enforcement activities or law enforcement investigations/
activities conducted by ICE, the former Immigration and Naturalization 
Service, or the former U.S. Customs Service; (3) Information (including 
documents and electronic data) collected by DHS from or about 
individuals during investigative activities and border searches; (4) 
Records of immigration enforcement activities and law enforcement 
investigations/activities that have a possible nexus to ICE's law 
enforcement and immigration enforcement responsibilities or homeland 
security in general; (5) Law enforcement, intelligence, crime, and 
incident reports (including financial reports under the Bank Secrecy 
Act and law enforcement bulletins) produced by DHS and other government 
agencies; (6) U.S. visa, border immigration and naturalization benefit 
data, including arrival and departure data; (7) Terrorist watchlist 
information and other terrorism related information regarding threats, 
activities, and incidents; (8) Lost and stolen passport data; (9) 
Records pertaining to known or suspected terrorists, terrorist 
incidents, activities, groups, and threats; (10) ICE-generated 
intelligence requirements, analysis, reporting, and briefings; (11) 
Third party intelligence reporting; (12) Articles, public-source data, 
and other published information on individuals and events of interest 
to ICE; (13) Records and information from government data systems or 
retrieved from commercial data providers in the course of intelligence 
research, analysis and reporting; and (14) Reports of suspicious 
activities, threats, or other incidents generated by ICE and third 
parties.

Authority for maintenance of the system:
    5 U.S.C. 301; 8 U.S.C. 1103, 1105, 1225(d)(3), 1324(b)(3), 1357(a), 
and 1360(b); 19 U.S.C. 1 and 1509.

Purpose(s):
    (a) To maintain records that reflect and generally support ICE's 
collection, analysis, reporting, and distribution of law enforcement, 
immigration administration, terrorism, intelligence, and homeland 
security information in support of ICE's law enforcement and 
immigration administration mission.
    (b) To produce law-enforcement intelligence reporting that provides 
actionable information to ICE's law enforcement and immigration 
administration personnel and to other appropriate government agencies.
    (c) To enhance the efficiency and effectiveness of the research and 
analysis process for DHS law enforcement, immigration, and intelligence 
personnel through information technology tools that provide for 
advanced search and analysis of various datasets; and
    (d) To identify potential criminal activity, immigration 
violations, and threats to homeland security; to uphold and enforce the 
law; and to ensure public safety.

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 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 or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when (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 the Department of Justice (DOJ), Civil Rights Division, for 
the purpose of responding to matters within the DOJ's jurisdiction to 
include allegations of fraud and/or nationality discrimination.
    C. 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.
    D. 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.
    E. 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.
    F. 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) that rely upon the 
compromised information, or harm to an individual; 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.
    G. 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.
    H. To a Federal, State, territorial, tribal, local, international, 
or foreign government agency or entity for the purpose of consulting 
with that agency or entity: (1) To assist in making a determination 
regarding redress for an individual in connection with the operations 
of a DHS component or program; (2) for the purpose of verifying the 
identity of an individual seeking redress in connection with the

[[Page 74738]]

operations of a DHS component or program; or (3) for the purpose of 
verifying the accuracy of information submitted by an individual who 
has requested such redress on behalf of another individual.
    I. To a former employee of DHS, in accordance with applicable 
regulations, for purposes of responding to an official inquiry by a 
Federal, State or local government entity or professional licensing 
authority; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the Department requires information or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility.
    J. To an appropriate Federal, State, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to 
the agency's decision concerning the hiring or retention of an 
individual or the issuance, grant, renewal, suspension or revocation 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 
letting of a contract, or the issuance of a license, grant or other 
benefit and when disclosure is appropriate to the proper performance of 
the official duties of the person receiving the information.
    K. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purpose of protecting the vital interests of a data subject or 
other persons, including to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease or to combat other significant public health 
threats; appropriate notice will be provided of any identified health 
risk.
    L. 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.
    M. To a Federal, State, tribal, local or foreign government agency 
or organization, or international organization, lawfully engaged in 
collecting law enforcement intelligence information, 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.
    N. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, license, 
or treaty where DHS determines that the information would assist in the 
enforcement of civil, criminal, or regulatory laws.
    O. To third parties during the course of an investigation by DHS, a 
proceeding within the purview of the immigration and nationality laws, 
or a matter under DHS's jurisdiction, to the extent necessary to obtain 
information pertinent to the investigation, provided disclosure is 
appropriate to the proper performance of the official duties of the 
officer making the disclosure.
    P. To a Federal, State, or local agency, or other appropriate 
entity or individual, or through established liaison channels to 
selected foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by U.S. law, Executive Order, or other applicable national 
security directive.
    Q. To Federal and foreign government intelligence or 
counterterrorism agencies when DHS reasonably believes there to be a 
threat or potential threat to national or international security for 
which the information may be useful in countering the threat or 
potential threat, when DHS reasonably believes such use is to assist in 
anti-terrorism efforts, and disclosure is appropriate to the proper 
performance of the official duties of the person making the disclosure.
    R. To an organization or individual in either the public or private 
sector, either foreign or domestic, where there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, to the extent the information is 
relevant to the protection of life or property and disclosure is 
appropriate to the proper performance of the official duties of the 
person making the disclosure.
    S. To international and foreign governmental authorities in 
accordance with law and formal or informal international agreements.
    T. To the Department of State in the processing of petitions or 
applications for benefits under the Immigration and Nationality Act, 
and all other immigration and nationality laws including treaties and 
reciprocal agreements.
    U. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations where 
DHS is aware of a need to utilize relevant data for purposes of testing 
new technology and systems designed to enhance national security or 
identify other violations of law.
    V. To appropriate Federal, State, local, tribal, or foreign 
government agencies or multinational government organizations where DHS 
desires to exchange relevant data for the purpose of developing new 
software or implementing new technologies for the purposes of data 
sharing to enhance homeland security, national security or law 
enforcement.
    W. 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 magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by personal identifiers such as but not 
limited to name, alien registration number, phone number, address, 
social security number, or passport number. Records may also be 
retrieved by non-personal information such as transaction date, entity/
institution name, description of goods, value of transactions, and 
other information.

[[Page 74739]]

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 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 system maintains a real-time 
auditing function of individuals who access the system. Additional 
safeguards may vary by component and program.

Retention and disposal:
    ICE is in the process of drafting a proposed record retention 
schedule for the information maintained in IIRS, including system 
information stored in IFS. ICE anticipates retaining the records from 
other databases in IFS for 20 years, records for which IFS is the 
repository of record for 75 years, and ICE-generated intelligence 
reports for 75 years. The original electronic data containing the 
inputs to IFS will be destroyed after upload and verification or 
returned to the source.

System Manager and address:
    Director, ICE Office of Intelligence, 425 I Street NW., Washington 
DC 20536.

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 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 
or 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:
     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,
     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) will 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:
    Federal, State, local, territorial, tribal or other domestic 
agencies, foreign agencies, multinational or non-governmental 
organizations, critical infrastructure owners and operators, private 
sector entities and organizations, individuals, commercial data 
providers, and public sources such as news media outlets and the 
Internet.

Exemptions claimed for the system:
    Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, 
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4); 
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); 
(f); and (g). Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt 
from the following provisions of the Privacy Act, subject to the 
limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (e)(4)(H), and (f).

    Dated: December 1, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29056 Filed 12-8-08; 8:45 am]

BILLING CODE 4410-10-P


[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]               
[Page 74739-74743]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-67]                         

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0132]

 
Privacy Act of 1974; Immigration and Customs Enforcement (ICE)-
007 Law Enforcement Support Center (LESC) Alien Criminal Response 
Information Management (ACRIMe) System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

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 records notices, the Department of Homeland Security 
(DHS) is giving notice that it proposes to update and reissue the 
following legacy record system Justice/INS. 023 Law Enforcement Support 
Center Database as an Immigration and Customs Enforcement (ICE) system 
of records titled Law Enforcement Support Center (LESC) Alien Criminal 
Response Information Management System (ACRIMe). The information in 
this system of records includes data collected and maintained by the 
ICE LESC to carry out its mission to respond to inquiries from law 
enforcement agencies concerning immigration status of an individual, 
and whether the individual is under investigation and/or wanted by ICE 
or other law enforcement agencies. Categories of individuals, 
categories of records, and the routine uses of this legacy system of 
records notice have been updated. Additionally, DHS is issuing a Notice 
of Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in 
the Federal Register. The exemptions for the legacy system of records 
notices will continue to be applicable until the final rule for this 
SORN has been completed. This system will be included in the DHS 
inventory of record systems.

DATES: Written comments must be submitted on or before January 8, 2009. 
This new system will be effective January 8, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0132 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy 
Office, Department of

[[Page 74740]]

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 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 questions please contact 
Lyn Rahilly, Privacy Officer, (202-732-3300), Immigration and Customs 
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail: 
ICEPrivacy@dhs.gov. For privacy issues please contact Hugo Teufel III 
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. 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 maintenance of records concerning the operation of the 
ICE Law Enforcement Support Center (LESC). The LESC is ICE's 24-hour 
national enforcement operations facility. Although Title 8 U.S. Code 
immigration violations were the original focus of the LESC and ACRIMe 
under the Immigration and Naturalization Service (INS), the mission of 
the LESC now supports the full range of ICE's law enforcement 
operations. Specifically, the LESC provides assistance including, but 
not limited to, immigration status information to local, State and 
Federal law enforcement agencies on aliens suspected, arrested, or 
convicted of criminal activity, Customs violations, and violations of 
other laws within ICE's jurisdiction. This notice updates the 
preexisting system of records notice for the LESC Database published by 
the legacy INS, which owned the LESC prior to the creation of DHS. The 
LESC transferred to ICE with the creation of DHS and the LESC database 
is now known as the Alien Criminal Response Information Management 
System (ACRIMe).
    The ACRIMe Database facilitates the response of LESC personnel to 
specific inquiries from law enforcement agencies that seek to determine 
the immigration status of an individual and whether the individual is 
under investigation and/or wanted by ICE or other law enforcement 
agencies. ACRIMe also supports ICE's efforts to identify aliens with 
prior criminal convictions that may qualify them for removal from the 
U.S. as aggravated felons. In addition, this system of records helps to 
facilitate the processing of aliens for deportation or removal 
proceedings.
    The ACRIMe Database also facilitates the collection, tracking, and 
distribution of information about possible violations of customs and 
immigration law reported by the general public to the toll-free DHS/ICE 
Tip-line. ACRIMe logs requests for assistance from criminal justice 
personnel who contact the LESC on the full range of ICE law enforcement 
missions. ACRIMe supports the entry of both administrative 
(immigration) and criminal arrest warrants into the Federal Bureau of 
Investigation's National Crime Information Center (NCIC) system. 
Finally, ACRIMe also enables ICE to collect and analyze data to 
evaluate the effectiveness and quality of LESC services and ICE's 
immigration law enforcement efforts.
    Consistent with DHS's information sharing mission, information 
stored in ACRIMe 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.
    In accordance with the Privacy Act of 1974 and as part of DHS's 
ongoing effort to review and update legacy system of records notices, 
DHS is giving notice that it proposes to update and reissue the 
following legacy record system Justice/INS. 023 Law Enforcement Support 
Center Database as an ICE system of records titled Law Enforcement 
Support Center (LESC) Alien Criminal Response Information Management 
System (ACRIMe). The information in this system of records includes 
data collected and maintained both in paper form and electronically by 
ICE's Law Enforcement Support Center to carry out its mission to 
respond to inquiries from law enforcement agencies concerning 
immigration status of an individual, and whether the individual is 
under investigation and/or wanted by ICE or other law enforcement 
agencies. Categories of individuals, categories of records, and the 
routine uses of this legacy system of records notice have been updated. 
Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM) 
concurrent with this SORN elsewhere in the Federal Register. The 
exemptions for the legacy system of records notices will continue to be 
applicable until the final rule for this SORN has been completed. This 
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 United States Government 
collects, maintains, uses, and disseminates individuals' information. 
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 for 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 where 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 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 of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the LESC/ACRIMe system 
of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this revised system of records to the Office of Management and Budget 
and to Congress.

System of Records:
DHS/ICE-007

System name:
    Immigration and Customs Enforcement Law Enforcement Support Center 
Alien Criminal Response

[[Page 74741]]

Information Management System (LESC/ACRIMe).

Security classification:
    Unclassified. Law Enforcement Sensitive (LES).

System location:
    Records are maintained at the ICE LESC in Burlington, Vermont.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
    (1) Individuals covered by the Immigration and Nationality Act of 
1952 (8 U.S.C. 1101 et seq. ) and who are either the subject of an 
investigation, or have been arrested, charged with, and/or convicted of 
criminal or civil offenses that could render them removable or 
excludable from the U.S. under the provisions of U.S. immigration and 
nationality laws.
    (2) Individuals who make reports to the DHS/ICE Tip-line and 
individuals about whom those reports were made.
    (3) Individuals who are the subject of administrative (immigration) 
and criminal arrest warrants that the LESC has entered into the FBI's 
National Crime Information Center System.
    (4) Individuals who are the subject of an investigation by Federal, 
State, local, and tribal law enforcement agencies and who have been 
identified through searches of shared DHS law enforcement information.

Categories of records in the system:
    Categories of records in this system include:
     Biographic identifiers (e.g. name, date and place of 
birth);
     Alien registration number (``A-number'');
     Social Security Number;
     Passport number;
     Federal Bureau of Investigation (FBI) criminal history 
number;
     Federal, State, and local law enforcement agency booking 
number;
     Correctional facility inmate numbers; and
    Records may also include other information, such as operator's 
license number, State identification number, Fingerprint Section 
number, and other personal identification numbers provided by law 
enforcement agencies, that may assist in the identification process, 
that would enable ICE special agents and analysts to gather additional 
evidence, respond to law enforcement queries, and/or to determine the 
status, removability, or excludability of an individual.
    In addition, the system also contains information about the 
inquiries submitted by Federal, State, local, and tribal law 
enforcement agencies and the LESC responses to those queries. Query 
information retained in the ACRIMe database includes mandatory and 
optional data. Mandatory information includes: Originating Agency 
Identifier (ORI) number, purpose for query, attention field, phone 
number for requestor, name of subject of query, date of birth, sex, 
place of birth, custody status, and offense code. Optional information 
includes: alien registration number, FBI number, State system 
identification number, operator license number, height, weight, eye 
color, mother's maiden name, mother's first name, father's last name, 
father's first name, Social Security Number, passport number, booking 
number, and narrative comments entered in a remarks section.

Authority for maintenance of the system:
    8 U.S.C. Sec. 1103; 8 U.S.C. Sec. 1324(b)(3); 8 U.S.C. Sec. 
1360(b); 5 U.S.C. Sec. 552a(b); 5 U.S.C. Sec. 301; Section 504 of the 
Immigration and Nationality Act of 1990 (Pub. L. 101-649); the Federal 
Records Act, 44 U.S.C. 3101, Executive Order 9373..

Purpose(s):
    The purpose of this system is to:
    (1) Facilitate the response of LESC personnel to specific inquiries 
from law enforcement agencies that seek to determine the immigration 
status of an individual and whether the individual is under 
investigation and/or wanted by ICE or other law enforcement agencies;
    (2) support ICE's efforts to identify aliens with prior criminal 
convictions that may qualify them for removal from the U.S. as 
aggravated felons;
    (3) facilitate the processing of aliens for deportation or removal 
proceedings;
    (4) support ICE's collection and distribution of possible violator 
information collected during telephone calls from the general public to 
DHS/ICE;
    (5) support ICE's efforts to assist Federal, State, local, and 
tribal criminal justice personnel who contact the LESC on the full 
range of ICE law enforcement missions, including both customs and 
immigration violations; and
    (6) enable ICE to collect and analyze data to evaluate the 
effectiveness and quality of LESC services and ICE's immigration law 
enforcement efforts.

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 the 
Department of Justice 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 
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.

[[Page 74742]]

    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, 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 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 court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings or in 
response to a subpoena from a court of competent jurisdiction.
    J. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate to the proper 
performance of the official duties of the officer making the 
disclosure.
    K. To Federal and foreign government intelligence or 
counterterrorism agencies or components where DHS becomes aware of an 
indication of a threat or potential threat to national or international 
security, or where such use is to assist in anti-terrorism efforts and 
disclosure is appropriate to the proper performance of the official 
duties of the person making the disclosure.
    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 behind locked doors. Electronic records are stored on 
magnetic disc and digital optical media. Hardcopy records are stored in 
locked file cabinets.

Retrievability:
    Records are retrieved by name, alien registration number(s), 
booking number(s), FBI criminal history number(s), State criminal 
history number(s), Social Security Number, passport number, inmate 
number and other personal identifiers, and by biographic information, 
including place of birth, date of birth, and residential address.

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 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.

Retention and disposal:
    DHS will be working with NARA to develop the appropriate retention 
schedule based on the information below. The information, as collected 
and maintained in ACRIMe, pertains to immigration and other law 
enforcement investigations and national security related matters. 
Therefore, DHS proposes to maintain the records for seventy-five (75) 
years from the date of final action or case closure, after which the 
records will be deleted from the ACRIMe system.

 System Manager and address:
    Unit Chief, Law Enforcement Support Center, U.S. Immigration and 
Customs Enforcement, 188 Harvest Lane, Williston, VT 05495.

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 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:
     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,
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that

[[Page 74743]]

individual certifying his/her agreement for you to access his/her 
records.
    Without this bulleted information the component(s) will not be able 
to conduct an effective search, and your request may be denied due to 
lack of specificity or 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 Federal, State and local law enforcement 
and criminal justice agencies (e.g., investigators, prosecutors, 
correctional institutions, police departments, and inspectors general).

Exemptions claimed for the system:
    Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, 
portions of this system are exempt from subsections (c)(3) and (4); 
(d); (e)(1), (2), (3), (4)(G), (4)(H), (5) and (8); (f); and (g) of the 
Privacy Act. In addition, the system has been exempted from subsections 
(c)(3), (d), and (e)(1), (4)(G), (4)(H), and (f) pursuant to 5 U.S.C. 
552a(k)(2). Rules have been promulgated in accordance with the 
requirements of 5 U.S.C. 553(b), (c) and (e) and have been published in 
the Federal Register as additions to Title 28, Code of Federal 
Regulations (28 CFR 16.99). In addition, to the extent a record 
contains information from other exempt systems of records, ICE will 
rely on the exemptions claimed for those systems.

    Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29057 Filed 12-8-08; 8:45 am]

BILLING CODE 4410-10-P


[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]               
[Page 74743-74746]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-68]                         

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0160]

 
Privacy Act of 1974; Science & Technology Directorate-001 
Research, Development, Test, and Evaluation Records System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Privacy Act of 1974, the Department of 
Homeland Security proposes to add a new system of records titled 
Research, Development, Test, and Evaluation Records. This system 
maintains records collected in support of, or during the conduct of, 
Science & Technology-funded research, development, test, and evaluation 
activities. This new system will be added to the Department's inventory 
of record systems.

DATES: Written comments must be submitted on or before January 8, 2009. 
This new system will be effective January 8, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0160 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, 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 system related questions please 
contact the Science & Technology Directorate's Regulatory Compliance 
Office at regulatorycompliance@dhs.gov. For privacy issues, please 
contact: Hugo Teufel III, Chief Privacy Officer, Privacy Office, 
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    An integral part of the Department of Homeland Security (DHS) 
Science & Technology Directorate's (S&T) mission is to conduct 
research, development, testing, and evaluation (RDT&E activities) on 
topics and technologies related to improving homeland security and 
combating terrorism. Some RDT&E activities involve the collection of 
personally identifiable information. This system of records notice 
covers records collected in support of, or during the conduct of, DHS/
S&T-funded RDT&E activities, where those records are retrieved by 
personal identifier.
    As a general rule, the information collected will be used by DHS/
S&T solely for the purposes of RDT&E activities. The information 
collected will not be used for law enforcement, intelligence, or any 
purpose other than RDT&E. The information collected will never be used 
in operations and no operational decision will be based in any part on 
the information collected. These limitations on the use of the 
information collected will apply even in DHS/S&T-funded RDT&E 
activities in which law enforcement and/or intelligence personnel are 
directly involved in the activity. A different SORN, a SORN other than 
this SORN, is required to address any DHS/S&T-funded RDT&E activities 
from which information collected would be used for any purpose other 
than RDT&E activities.
    The only exception to the above general rule limiting the use of 
collected information to RTD&E activities is if, during a human subject 
testing activity, the individual provides information that indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations. Only in that limited situation, the 
information collected may be referred to 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, pursuant 
to Routine Use G, below.
    Pursuant to the Privacy Act of 1974, the Department of Homeland 
Security proposes to add a new system of records titled Research, 
Development, Test, and Evaluation Records. This system maintains 
records collected in support of, or during the conduct, of Science & 
Technology-funded research, development, test, and evaluation 
activities. This new system will be added to the Department's inventory 
of record systems.

II. The 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 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 
particular assigned to an individual. In the Privacy Act, an individual 
is defined to encompass United States citizens and legal permanent 
residents (LPRs). As a matter of policy, DHS extends administrative 
Privacy Act protections

[[Page 74744]]

to all individuals, including aliens who are not LPRs, on whom a system 
of records maintain information. 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 to make agency recordkeeping practices 
transparent, to notify individuals regarding the uses of their records, 
and to assist the individual to more easily find such files within the 
agency. Below is a description of the Research, Development, Test, and 
Evaluation Records System of records.
    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.

System of Records:
DHS/S&T-001

System name:
    Science & Technology Directorate Research, Development, Test, and 
Evaluation Records.

System location:
    Records are maintained at the S&T Headquarters in Washington, D.C., 
in S&T field offices, and at public or private institutions, including 
the National Labs, conducting research funded by S&T.

Categories of individuals covered by the system:
    Categories of individuals covered by this notice include voluntary 
participants in S&T-funded human subjects research (all S&T-funded 
human subjects research is conducted in accordance with 45 CFR 46 and 
is reviewed by a certified Institutional Review Board); individuals 
whose names may appear in publicly available documents (e.g., 
newspapers and academic articles) about terrorism, terrorist events, 
violent groups, or other topics related to terrorism research; 
individuals whose image, biometrics, physiological features, or other 
information may be intentionally (with notice to and consent by the 
individual) or incidentally captured during testing of S&T 
technologies; and subject matter experts who publish articles related 
to terrorism or biomedical and life sciences research; and subject 
matter experts who voluntarily consent to be included in a database of 
experts.

Categories of records in the system:
    S&T RDT&E Records will vary according to the specific project. The 
information may include an individual's:
     Individual's name;
     Age;
     Gender;
     Contact information;
     Birthplace;
     Ethnicity;
     Level of education;
     Occupation;
     Institutional or organizational affiliation;
     Publication record, such as article and publication 
titles, dates and sources;
     Medical history;
     Lifestyle information (e.g., caffeine or tobacco use);
     Publicly available reports of criminal history;
     Video or still images;
     Other images (e.g., infrared thermography, terahertz, 
millimeter wave);
     Audio recordings;
     Fingerprints or other biometric information; and
     Physiological measurements collected using sensors (e.g., 
heart rate, breathing pattern, and electrodermal activity).

Authority for maintenance of the system:
    5 U.S.C. 301; the Federal Records Act, 44 U.S.C. 3101; The Homeland 
Security Act of 2002 [Pub. L. 1007-296, Sec.  302(4)] as codified in 
Section 182(b) Title 6 Chapter I Subchapter III of the United States 
Code (6 U.S.C. 182(b)), authorizes the Science and Technology 
Directorate to conduct ``basic and applied research, development, 
demonstration, testing, and evaluation activities that are relevant to 
any or all elements of the Department, through both intramural and 
extramural programs.'' In exercising its responsibility under the 
Homeland Security Act, S&T is authorized to collect information, as 
appropriate, to support research and development related to improving 
the security of the homeland. Where research includes human subjects, 
S&T complies with the provisions of DHS Management Directive 026-04, 
``Protection of Human Subjects'', which adopts the regulations set 
forth in 45 Code of Federal Regulations 46 and establishes Departmental 
policy for the protection of human subjects in research.

Purpose(s):
    The purposes of S&T's RDT&E records are to:
     Understand the motivations and behaviors of terrorists, 
individuals that engage in violent or criminal activities, terrorist 
groups, and groups that engage in violent or criminal activities.
     Understand terrorist incidents and the phenomenon of 
terrorist and identify trends and patterns in terrorist activities.
     Collect and maintain searchable records of individuals 
(such as subject matter experts on chemical weapons) and/or their 
characteristics and professional accomplishments, organized according 
to categories useful for the conduct of research, including research to 
determine the efficacy and utility of new or enhanced technologies 
intended for eventual transition to and use by S&T's customers.
     Evaluate the performance and utility to the future 
customer of an experimental homeland security technology or product in 
a laboratory or ``real-world'' setting.
     Test the accuracy of a research hypothesis. (For example, 
S&T might hypothesize that an individual's behavior changes in a 
detectable manner when he or she is being deceitful, and then design a 
research experiment to test that hypothesis.)
     Answer a research question. (For example, ``Can an 
experimental screening technology distinguish between threat objects 
and non-threat objects?'').
     Conduct testing and evaluation of an experimental 
technology at the request of or on behalf of a customer.
     Conduct research and development to solve a technical 
problem for a customer.

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 or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3):
    A. To the Department of Justice 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

[[Page 74745]]

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 
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.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    RDT&E records maintained in hard copy are stored in a locked file 
cabinet or safe. Electronic records are stored in computer files that 
require a password for access and are protected by a firewall.

Retrievability:
    In most cases, S&T RDT&E is focused on evaluating the performance 
of a given experimental technology or system. Thus, only the aggregated 
performance data (e.g., the technology has a 5 percent false positive 
rate, or the technology is accurate 92 percent of the time) is 
important and relevant to S&T. For this reason, S&T RDT&E records are 
not as a matter of course retrieved by name or other identifier 
assigned to the individual. However, S&T may need to access RDT&E 
records by name or other identifier in order to make corrections to an 
individual's record, resolve an anomaly related to a specific 
individual's record, and/or link disparate pieces of information 
related to an individual. For example, if an individual informed a 
researcher that he or she had inadvertently provided incorrect 
information regarding his or her medical history, the researcher would 
retrieve that individual's record using the research identifier in 
order to correct the erroneous data.

Safeguards:
    All RDT&E records are protected by employing a multi-layer security 
approach to prevent unauthorized access to sensitive data through 
appropriate administrative, physical, and technical safeguards. 
Protective strategies such as implementing physical access controls at 
DHS facilities; ensuring confidentiality of communications using tools 
such as encryption, authentication of sending parties, and 
compartmentalizing databases; and employing auditing software and 
personnel screening to ensure that all personnel with access to data 
are screened through background investigations commensurate with the 
level of access required to perform their duties.
    S&T RDT&E records are also monitored for changes to the source 
data. The system manager has the capability to maintain system back-ups 
for the purpose of supporting continuity of operations and the discrete 
need to isolate and copy specific data transactions for the purpose of 
conducting privacy or security incident investigations. S&T RDT&E 
records are secured in full compliance with the requirements of DHS IT 
Security Program Handbook. This handbook establishes a comprehensive 
information security program.

Retention and disposal:
    All records will be maintained in accordance with the NARA-approved 
retention schedule. All existing S&T RDT&E records fall under General 
Records System 20, which covers the disposition of Electronic files or 
records created solely to test system performance, as well as hard-copy 
printouts and related documentation for the electronic files/records. 
According to General Records System 20, records should be ``delete[d]/
destroy[ed] when the agency determines that they are no longer needed 
for administrative, legal, audit, or other operational purposes.'' 
Electronic records will be deleted from all computers, storage devices, 
and networks, and paper records will be shredded.

System manager(s) and address:
    S&T Regulatory Compliance Office, Mail Stop: 2100, Department of 
Homeland Security, 245 Murray Lane, SW., 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 S&T FOIA Coordinator, Mail Stop: 
2100, Department of Homeland Security, 245 Murray Lane, SW., 
Washington, DC 20528, Specific FOIA contact information can be found at 
http://www.dhs.gov/foia under ``contacts.''
    When seeking records about yourself from this system of records or 
any other S&T 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

[[Page 74746]]

the Director, Disclosure and FOIA, 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,
     Specify when you believe the records would have been 
created,
     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 S&T 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:
    S&T RDT&E records include: (1) Records collected directly from the 
individual; (2) publicly available documents (e.g., articles from 
newspapers and academic journals); (3) records collected from the 
individual using sensors (e.g., a heart rate monitor) or technologies 
(e.g., cameras, audio recorders, infrared thermography or other images, 
or biometric devices).

Exemptions claimed for the system:
    None.

    Dated: December 1, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-29059 Filed 12-8-08; 8:45 am]

BILLING CODE 4410-10-P