Privacy Act of 1974; Department of Homeland Security/U.S. Immigration and Customs Enforcement-014 Homeland Security Investigations Forensic Laboratory System of Records, 28867-28873 [2013-11722]
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Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Notices
d. Assay time not exceeding 4 hours
from start of incubation to beginning of
reading the plate.
e. 96 well modular format.
f. Positive control (produced from
non-FMDV infected animals, e.g.,
hyperimmunized with synthetically
made FMDV peptides/proteins) and
¨
negative control (produced from naıve
animals) for each plate.
g. Compatibility with Biosafety Level
2 (BSL–2) laboratory requirements, i.e.,
will not contain any reagents considered
to be select agents or potentially
contaminated with select agents.
3. Transportability under cold chain
(1) to USDA APHIS PIADC, (2) upon
USDA APHIS administrator request
approved laboratories within the
National Animal Health Laboratory
network, and (3) outside of the US
without special restrictions.
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DHS S&T Role (includes but not limited
to)
1. As necessary, coordination of
development and commercialization
access to critical assay components such
as the recombinant 3ABC* protein
(* indicates that the 3C protein has a
mutation in the active site) and a
FMDV-specific monoclonal antibody,
which may be negotiated through
intellectual property licenses with 3rd
parties who control rights to these assay
components. DHS will supply data from
testing a prototype assay, but DHS will
not supply historical background or any
proprietary information.
2. Coordination of testing and
evaluation of samples from U.S. cattle
and swine vaccinated with FMD
molecular vaccines.
3. Coordination of testing and
evaluation of true positive samples from
U.S. cattle and swine that were
experimentally infected. A maximum of
500 samples can be tested.
4. If requested, coordination of testing
and evaluation of true positive and true
negative samples from other FMDV
susceptible U.S. domestic species.
5. If requested, coordination of testing
and evaluation of serum samples from
FMDV susceptible U.S. wildlife species.
6. The actual testing of samples listed
above mainly by scientists in USDA
APHIS FADDL or by partners in
laboratories that USDA APHIS FADDL
and DHS S&T will identify, e.g., the
NAHLN.
Period of Performance
If CRADA collaborator(s) is (are)
selected, a comprehensive data package
to obtain a USDA license for the FMDV
3ABC ELISA for use in cattle should be
submitted to USDA APHIS CVB within
30 months of the CRADA award date.
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The submission must adhere to the
requirements in USDA APHIS CVB
Veterinary Services Memo No. 800.73
and other applicable CVB 9CFR
requirements for diagnostic kits and
reagents. The assay must also
successfully identify samples in a
reference panel of sera provided by OIE
(World Organisation for Animal Health)
as tested in a U.S. reference laboratory,
e.g., USDA APHIS FADDL. Because
these reference panels are provided on
a yearly basis to FMD world reference
laboratories, the testing and analysis of
results may extend beyond the 30
month Period of Performance.
Nevertheless, results should be made
available within 2 months of the
availability of reference panels.
Selection Criteria
The Plum Island Animal Disease
Center (PIADC) reserves the right to
select CRADA collaborators for all,
some, or none of the proposals in
response to this notice. PIADC will
provide no funding for reimbursement
of proposal development costs.
Proposals (or any other material)
submitted in response to this notice will
not be returned. Proposals submitted are
expected to be unclassified.
PIADC will select proposals at its sole
discretion on the basis of:
1. How well the proposal
communicates the collaborators’
understanding of and ability to meet the
CRADAs goals and proposed timeline.
2. How well the proposal addresses
the following criteria:
a. Capability of the collaborator to
provide equipment and materials for
proposed testing.
b. Capability of the collaborator to
meet the requirements for development,
validation testing and analysis, and
submission of supporting data and
documents fulfilling the CVB
requirements for licensure in the U.S.
c. Preliminary data or results which
support the assay requirements outlined
above.
Participation in this CRADA does not
imply the future purchase of any
materials, equipment, or services from
the collaborating entities, and nonFederal CRADA participants will not be
excluded from any future PIADC
procurements based solely on their
participation in this CRADA.
Authority: CRADAs are authorized by the
Federal Technology Transfer Act of 1986, as
amended and codified by 15 U.S.C. 3710a.
DHS, as an executive agency under 5 U.S.C.
105, is a Federal agency for the purposes of
15 U.S.C. 3710a and may enter into a
CRADA. DHS delegated the authority to
conduct CRADAs to the Science and
Technology Directorate and its laboratories.
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28867
Dated: May 9, 2013.
James Johnson,
Director, Office of National Laboratories.
[FR Doc. 2013–11693 Filed 5–15–13; 8:45 am]
BILLING CODE 9110–9F–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2013–0078]
Privacy Act of 1974; Department of
Homeland Security/U.S. Immigration
and Customs Enforcement—014
Homeland Security Investigations
Forensic Laboratory System of
Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to
establish a new Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/U.S. Immigration and Customs
Enforcement—014 Homeland Security
Investigations Forensic Laboratory
System of Records.’’ This system of
records allows the Department of
Homeland Security/U.S. Immigration
and Customs Enforcement to collect and
maintain records by the Homeland
Security Investigations Forensic
Laboratory (HSI–FL). The HSI–FL is a
U.S. crime laboratory specializing in
scientific authentication; forensic
examination; research, analysis, and
training related to travel and identity
documents; latent and patent finger and
palm prints; and audio and video files
in support of law enforcement
investigations and activities by DHS and
other agencies. To facilitate forensic
examinations and for use in forensic
document training, research, and
analysis, the HSI–FL maintains case
files, a case management system, an
electronic library of travel and identity
documents (Imaged Documents and
Exemplars Library), and a hard copy
library referred to as the HSI–FL
Library. Additionally, the Department of
Homeland Security is issuing a Notice
of Proposed Rulemaking elsewhere in
the Federal Register to exempt this
system of records from certain
provisions of the Privacy Act. This
newly established system will be
included in the Department of
Homeland Security’s inventory of
record systems.
SUMMARY:
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Submit comments on or before
June 17, 2013. This new system will be
effective June 17, 2013.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2013–0078 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
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 https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, please visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: Lyn
Rahilly, Privacy Officer, (202–732–
3300), U.S. Immigration and Customs
Enforcement, 500 12th Street SW., Mail
Stop 5004, Washington, DC 20536,
email: ICEPrivacy@dhs.gov. For privacy
questions, please contact: Jonathan R.
Cantor, (202–343–1717), Acting Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
DATES:
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I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS), U.S.
Immigration and Customs Enforcement
(ICE) proposes to establish a new DHS
system of records titled, ‘‘DHS/ICE–
014—Homeland Security Investigations
Forensic Laboratory System of
Records.’’
The Homeland Security Investigations
Forensic Laboratory (HSI–FL) is an
accredited crime laboratory located
within ICE’s Office of Homeland
Security Investigations (HSI) that
provides a broad range of forensic,
intelligence, and investigative support
services for ICE, DHS, and many other
U.S. and foreign law enforcement
agencies. Created in 1978 under the U.S.
Department of Justice, Immigration and
Naturalization Service, the HSI–FL
became part of DHS on March 1, 2003,
as part of the federal government’s
response to the 9/11 attacks. The HSI–
FL is the only U.S. crime laboratory
specializing in scientific authentication;
forensic examination; research, analysis,
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and training related to travel and
identity documents; latent and patent
finger and palm prints; and audio and
video files in support of law
enforcement investigations and
activities by DHS and other agencies. To
facilitate forensic examinations and for
use in forensic document training,
research, and analysis, the HSI–FL
maintains case files, a case management
system, an electronic library of travel
and identity documents (Imaged
Documents and Exemplars Library
(IDEAL)), and a hard copy library
referred to as the HSI–FL Library.
As a crime laboratory specializing in
the forensic examination and research of
travel and identity documents, the HSI–
FL attempts to determine the
authenticity, authorship, and any actual
or potential alterations of travel and
identity documents. Examinations of
such documents submitted by DHS and
other U.S. and foreign law enforcement
agencies and international organizations
normally begin with a physical (naked
eye, tactile) inspection and proceed to
microscopic, instrumental, and
comparative examinations, as necessary
and appropriate. Depending on the
document type, these examinations also
may require the expert analyses of
handwriting, hand printing,
typewriting, printing processes, papers,
inks, and stamp impressions.
HSI–FL examinations are
predominantly performed on documents
used to establish identity or facilitate
travel, such as passports, visas,
identification cards, and border crossing
cards, but can be performed on virtually
any document, including envelopes,
handwritten documents, letters, vital
records, and typewritten documents.
DHS and other federal, state, and
international government agencies, or
organizations such as the United
Nations, may submit requests to HSI–FL
for document authentication. In
response, the HSI–FL may conduct an
analysis and share the results of forensic
examinations within DHS and
externally with other government
agencies and international organizations
in the course of law enforcement
investigations and for admission into
evidence in judicial proceedings.
In addition to the forensic
examination of documents, the HSI–FL
performs fingerprint analysis. The
fingerprint analysis performed by HSI–
FL may not be document-related. This
analysis may include fingerprints
collected from evidence during an
investigation such as firearms, drug
packaging, currency, periodicals, photo
albums, CDs and computers. Fingerprint
analysis will include both latent
(invisible to the naked eye) and patent
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(visible to the naked eye) finger and
palm prints.
The HSI–FL also performs technical
enhancements of audio and video files.
The audio and video work performed by
the HSI–FL is limited to enhancing files
to improve their quality and clarifying
detail to allow law enforcement
agencies to better examine the files. For
example, this could include removing
background noise from an audio file or
improving the clarity of an image in a
video. The HSI–FL is not responsible for
performing forensic examinations of the
audio or video files but merely performs
technical work to permit law
enforcement agencies outside of the
HSI–FL to conduct law enforcement
investigations.
Laboratory Information Management
System
In order to track evidence and cases,
the HSI–FL implemented the Laboratory
Information Management System (LIMS)
as their case management system. LIMS
allows the HSI–FL to capture
information about the individual
submitting the request for analysis,
identify the evidence submitted, track
the evidence as it moves throughout the
HSI–FL for chain of custody purposes,
capture case notes and results of
examinations, store electronic images of
evidence, and produce reports of
findings. LIMS also captures other caserelated activities such as descriptions of
expert witness testimony provided by
HSI–FL employees.
The HSI–FL also uses LIMS to record
and store operational (non-forensic)
requests for assistance, hours HSI–FL
staff spend on training activities, and
digital copies of training certificates of
completion. In addition, LIMS generates
recurring and ad hoc statistics reports in
support of HSI–FL staff operations and
management request.
Imaged Documents and Exemplars
Library
The IDEAL database and the HSI–FL
Library contain two categories of
records: (1) Travel and identity
documents and (2) reference materials
used to help in the forensic analysis of
travel and identity documents. The
HSI–FL maintains the documents and
reference materials in both hard copy
and electronic format for use in
comparative forensic examination and
fraudulent document training, research,
and analysis. The hard copies are
maintained in the HSI–FL Library while
the electronic copies are stored in the
IDEAL database. IDEAL contains
electronic images and document
characteristics for all documents and
reference materials stored in the HSI–FL
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Library and allows HSI–FL employees
to access these electronic images and
document characteristics from their own
workstations. Further, IDEAL provides
the inventory control of the hard copy
material in the HSI–FL Library, which
includes the support of ‘‘checking out’’
hard copy documents and reference
materials in the HSI–FL Library by HSI–
FL employees.
IDEAL indexes and assigns to all
documents added to the HSI–FL Library
an IDEAL identification number (IDEAL
ID Number) and bar code, thus
providing a standard identification and
tracking mechanism and permitting
indexing. The IDEAL ID Number is
system-generated and allows documents
to be quickly located in IDEAL. The bar
code number links the images
maintained in IDEAL to hard copies
maintained in the HSI–FL Library.
The HSI–FL collects and maintains
genuine, altered, and counterfeit travel
and identity documents (hereafter,
‘‘documents’’) in hard copy format from
international organizations, government
agencies, and law enforcement
organizations from across the United
States and around the world to research
methods of document production and
authenticate questionable documents
through comparative forensic
examinations. These travel and identity
documents include documents such as
passports, identification cards, birth
certificates, stamps, visas, and any other
document that can be used to establish
nationality or identity from any country
including the United States.
From these same sources, the HSI–FL
also collects information that helps with
the identification of potential
counterfeit characteristics, potential
fraud, security features, and other
information valuable to forensic
analysis (hereafter, ‘‘reference
materials’’). HSI–FL employees also
make use of reference materials issued
by the United States and other nations
that contain useful information such as
descriptions of security features of
travel and identity documents or
information concerning attempts to
counterfeit or alter such documents.
Document characteristics including
personally identifiable information (PII)
are manually entered into IDEAL to
catalogue, track, and facilitate searching
for documents and reference materials.
Depending on the particular document,
the document characteristics entered
into IDEAL may include the document
type, document number (e.g., passport
number, driver’s license number, state
identification number), country of
origin, region, authenticity of the
document, information regarding the
location and availability of the hard
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copy document in the HSI–FL Library,
and a short description of the document.
Social Security Numbers are not directly
entered into IDEAL, instead the serial
number on the back of the document is
entered into the system. In addition to
manually entered information, the
document is scanned into IDEAL
capturing and storing additional
information, including PII. The PII
stored on the images is view-only and
may not be searched or used in any
other manner in IDEAL.
The HSI–FL divides the documents
maintained in the HSI–FL Library and
electronically in IDEAL into five
different categories: (1) Genuine
standard documents; (2) verified
documents; (3) unverified documents;
(4) counterfeit documents; and (5)
altered documents. The first category,
genuine standard documents, is
comprised of documents never used in
circulation and officially submitted to
the HSI–FL by a valid issuing authority
or other officially recognized domestic
or foreign agency. Valid issuing
authorities produce genuine standard
documents as samples of particular
travel and identity documents (e.g.,
passports) and include all of the same
characteristics and security features of
that document. Genuine standard
documents are usually issued under an
obviously fictitious name, such as
‘‘Happy Traveler,’’ to ensure they are
easily identified as samples. Genuine
standard documents do not contain the
PII of actual individuals; however, they
may contain photographs of individuals
who have consented for their images to
be used and distributed on these sample
documents. The HSI–FL uses genuine
standard documents during forensic
analysis to authenticate other travel and
identity documents purporting to have
been issued by the same issuing
authority. This authentication is used to
support law enforcement investigations
in response to government agency
inquiries from the United States and
around the world and judicial
proceedings.
The remaining four categories of
documents are provided to the HSI–FL
by the valid issuing authority of a
domestic or foreign agency, or from
other sources including international
organizations; DHS; the U.S.
Department of State (DOS); and other
federal, state, and foreign government
agencies and law enforcement
organizations. These four categories of
documents may be directly provided for
inclusion in the HSI–FL Library or may
be initially provided for other purposes
such as forensic examination and then
retained by the HSI–FL, with the
submitting agency’s permission, after
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28869
the examination is complete. The HSI–
FL determines whether to include
specific documents in the HSI–FL
Library based upon the HSI–FL
Library’s need for that document,
particularly whether the HSI–FL Library
currently has a document of that type
already in the HSI–FL Library. These
categories of documents may contain
the PII of individuals. Verified
documents are documents that the HSI–
FL has found to conform to comparable
genuine travel and identity documents.
Unverified documents are documents
that the HSI–FL has analyzed and has
not conclusively determined are
verified, counterfeit, or altered.
Counterfeit documents are documents
that the HSI–FL has determined through
forensic analysis are not authentic
documents issued by a foreign or
domestic governmental issuing
authority. Altered documents are
documents that were originally
authentic documents issued by a foreign
or domestic governmental issuing
authority that have been changed in an
unauthorized manner.
Certain designated users at the DOS
have read-only access to IDEAL. This
read-only access allows certain
designated DOS employees to search
and view travel and identity documents
and reference materials. These
documents and materials may contain
the PII of actual individuals. This
information is used by the DOS for their
reference and in support of their
mission. This use includes supporting
the processing of petitions or
applications for benefits under the
Immigration and Nationality Act, and
other immigration and nationality laws
including treaties and reciprocal
agreements. It also includes when the
DOS requires information to consider
and/or provide an informed response to
a request for information from a foreign,
international, or intergovernmental
agency, authority, or organization about
an alien or an enforcement operation
with transnational implications.
Authorized users from the DOS are the
only non-DHS users with direct access
to IDEAL.
Consistent with DHS’ information
sharing mission, information stored in
the DHS/ICE–014 Homeland Security
Investigations Forensic Laboratory
System of Records may be shared with
other DHS components that have a need
to know the information to carry out
their national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, information may be shared
with appropriate federal, state, local,
tribal, territorial, foreign, or
international government agencies
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consistent with the routine uses set
forth in this system of records notice.
Additionally, DHS is issuing a Notice
of Proposed Rulemaking to exempt this
system of records from certain
provisions of the Privacy Act, elsewhere
in the Federal Register. This newly
established system will be included in
DHS’ inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which federal government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
ICE–014 Homeland Security
Investigations Forensic Laboratory
System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
System of Records
Department of Homeland Security
(DHS)/U.S. Immigration and Customs
Enforcement
(ICE)–014
SYSTEM NAME:
DHS/ICE–014 Homeland Security
Investigations Forensic Laboratory
(HSI–FL)
SECURITY CLASSIFICATION:
Law enforcement sensitive.
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SYSTEM LOCATION:
Records are maintained at U.S.
Immigration and Customs Enforcement
Headquarters in Washington, DC and in
field offices, and electronic records are
maintained in LIMS, IDEAL, and other
IT systems.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include:
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1. Individuals whose information is
contained on United States or
international travel and identity
documents, such as driver’s licenses,
passports, and other forms of
identification, that are maintained in the
Homeland Security Investigations
Forensic Laboratory (HSI–FL) Library;
2. Individuals whose information is
contained on United States or
international travel and identity
documents, such as driver’s licenses,
passports, and other forms of
identification, that are provided to the
HSI–FL for forensic examination during
a criminal or administrative law
enforcement investigation;
3. Individuals who are the subjects of
current or previous law enforcement
investigations by other domestic or
foreign agencies where the HSI–FL is
providing support and assistance;
4. Individuals who are the subjects of
current or previous law enforcement
investigations into violations of U.S.
customs and immigration laws, as well
as other laws and regulations within
ICE’s jurisdiction, including
investigations led by other domestic or
foreign agencies, where the HSI–FL is
providing support and assistance; and
5. Individuals whose image or voice
may be captured on video or audio files
where the HSI–FL is provided the file to
perform technical enhancements of the
file.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
1. Biographic, descriptive, historical
and other identifying data, including:
Names; photographs; fingerprint
identification number; date and place of
birth; passport and other travel
document information; nationality;
aliases; Alien Registration Number (A–
Number); Social Security Number; other
identification numbers, contact or
location information (e.g., known or
possible addresses, phone numbers);
visa information; employment,
educational, immigration, and criminal
history; height, weight, eye color, hair
color and other unique physical
characteristics (e.g., scars and tattoos).
2. Fingerprints or palm prints of
individuals whose information is
provided to the HSI–FL for forensic
examination.
3. Case-related data, including: Case
number, record number, and other data
describing an event involving alleged
violations of criminal or immigration
law (such as, location, date, time, event
category (event categories describe
broad categories of criminal law
enforcement, such as immigration
worksite enforcement, contraband
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smuggling, and human trafficking));
types of criminal or immigration law
violations alleged; types of property
involved; use of violence, weapons, or
assault against DHS personnel or third
parties; attempted escape; and other
related information. ICE case
management information, including:
case category; case agent; date initiated;
and date completed.
4. Birth, marriage, education,
employment, travel, and other
information derived from affidavits,
certificates, manifests, and other
documents presented to or collected by
ICE during immigration and law
enforcement proceedings or activities.
This data typically pertains to subjects,
relatives, and witnesses.
5. Data concerning personnel of other
agencies that arrested, or assisted or
participated in the arrest or
investigation of, or are maintaining
custody of an individual whose arrest
record is contained in this system of
records. This can include: Name; title;
agency name; address; telephone
number; and other information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. 1103, 44 U.S.C. 3101, 18
U.S.C. 496, 18 U.S.C. 911, 18 U.S.C.
1001, 18 U.S.C. 1028, 18 U.S.C. 1425, 18
U.S.C. 1426, 18 U.S.C. 1427, 18 U.S.C.
1541, 18 U.S.C. 1543, and 18 U.S.C.
1546.
PURPOSE(S):
The purposes of this system are to:
1. Maintain records related to the
scientific authentication, examination,
research, and analysis of travel and
identity documents, fingerprints, and
palm prints in accordance with
established laboratory policies and
procedures, scientific principles, and
accreditation standards.
2. Maintain a library of travel and
identity documents and associated
reference materials for use in forensic
examinations, investigations, training,
and other activities.
3. Support the forensic examinations
on a full range of documents, including
but not limited to, passports, visas,
driver’s licenses, identification cards,
border crossing cards, handwritten
documents, vital records, and
typewritten documents. The analysis
may include, but is not limited to, an
examination of handwriting, hand
printing, typewriting, printing
processes, security features, papers,
inks, and stamp impressions.
4. Maintain records facilitating the
preparation of written laboratory reports
and delivery of expert witness
testimony in both legal proceedings.
5. Support the provision of training in
fraudulent document detection, creation
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of document intelligence alerts and
reference guides, and provision of direct
assistance to federal, state and local
agencies, as well as foreign governments
and commercial entities to combat
document fraud.
6. Provide assistance within ICE and
to domestic and foreign agencies to
support the identification and arrest of
individuals (both citizens and noncitizens) who commit violations of law.
7. To identify potential criminal
activity, immigration violations, and
threats to homeland security; to uphold
and enforce the law; and to ensure
public safety.
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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 (DOJ)
(including U.S. Attorneys’ Offices) or
other federal agency conducting
litigation or proceedings before any
court, adjudicative or administrative
body, when it is relevant or necessary to
the litigation and one of the following
is a party to the litigation or has an
interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
where DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
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2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. When a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations, and such disclosure is proper
and consistent with the official duties of
the person making the disclosure, a
disclosure may be made to federal, state,
local, tribal, territorial, international, or
foreign law enforcement agencies or
other appropriate authorities charged
with investigating or prosecuting a
violation or enforcing or implementing
a law, rule, regulation, or order.
H. To courts, magistrates,
administrative tribunals, opposing
counsel, parties, and witnesses, in the
course of immigration, civil, or criminal
proceedings (including discovery,
presentation of evidence, and settlement
negotiations) when DHS determines that
such disclosure is relevant and
necessary to the litigation and one of the
following is party to the proceedings or
has an interest in such proceeding:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
where the government has agreed to
represent the employee; or
4. The United States, where DHS
determines that litigation is likely to
affect DHS or any of its components.
I. To federal, state, local, tribal,
territorial, or foreign government
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28871
agencies, as well as to other individuals
and organizations during the course of
an investigation by DHS or the
processing of a matter under DHS’s
jurisdiction, or during a proceeding
within the purview of the immigration
and nationality laws, when DHS deems
that such disclosure is necessary to
carry out its functions and statutory
mandates or to elicit information
required by DHS to carry out its
functions and statutory mandates.
J. To federal, state, local, tribal, or
territorial government agencies seeking
to verify or ascertain the citizenship or
immigration status of any individual
within the jurisdiction of the agency for
any purpose authorized by law.
K. To federal, state, local, tribal, or
territorial government agencies, or other
entities or individuals, or through
established liaison channels to selected
foreign governments, in order to provide
intelligence, counterintelligence, or
other information for the purposes of
national security, intelligence,
counterintelligence, or antiterrorism
activities authorized by U.S. law,
Executive Order, or other applicable
national security directive.
L. To federal, state, local, tribal,
territorial, or foreign government
agencies or organizations, or
international organizations, lawfully
engaged in collecting law enforcement
intelligence, whether civil or criminal,
to enable these entities to carry out their
law enforcement responsibilities,
including the collection of law
enforcement intelligence.
M. To international, foreign,
intergovernmental, and multinational
government agencies, authorities, and
organizations in accordance with law
and formal or informal international
arrangements.
N. To federal and foreign government
intelligence or counterterrorism
agencies or components when DHS
becomes aware of an indication of a
threat or potential threat to national or
international security, or when such
disclosure is to support the conduct of
national intelligence and security
investigations or to assist in antiterrorism efforts.
O. To federal, state, local, tribal,
territorial, or foreign government
agencies or entities or multinational
government agencies when DHS desires
to exchange relevant data for the
purpose of developing, testing, or
implementing new software or
technology whose purpose is related to
this system of records.
P. To federal, state, local, territorial,
tribal, international, or foreign criminal,
civil, or regulatory law enforcement
authorities when the information is
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necessary for collaboration,
coordination and de-confliction of
investigative matters, prosecutions, and/
or other law enforcement actions to
avoid duplicative or disruptive efforts
and to ensure the safety of law
enforcement officers who may be
working on related law enforcement
matters.
Q. 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; or when the Department of
State requires information to consider
and/or provide an informed response to
a request for information from a foreign,
international, or intergovernmental
agency, authority, or organization about
an alien or an enforcement operation
with transnational implications.
R. To the Department of State to
provide read-only access of records
maintained in the Imaged Documents
and Exemplars Library to assist the
Department of State with their
validation of travel and identity
documents.
S. To federal, state, local, tribal,
territorial, or foreign government
agencies for purposes of completing and
providing results of requested forensic
examinations to the requesting agency.
T. To the Department of Justice
(including United States Attorneys’
Offices) or other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when necessary to
assist in the development of such
agency’s legal and/or policy position.
U. To the U.S. Senate Committee on
the Judiciary or the U.S. House of
Representatives Committee on the
Judiciary when necessary to inform
members of Congress about an alien
who is being considered for private
immigration relief.
V. To federal, state, tribal, territorial,
local, international, or foreign
government agencies or entities 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) to verify the identity of an
individual seeking redress in
connection with the operations of a DHS
component or program; or (3) to verify
the accuracy of information submitted
by an individual who has requested
such redress on behalf of another
individual.
W. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
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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’
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 may be stored
in hard copy and electronically on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records may be retrieved by name,
identification numbers including case or
record number if applicable; other
personal identification numbers
including Alien Registration Number
(A–Number), fingerprint identification
number, and other personal
identification numbers; and case related
data and/or combination of other
personal identifiers including, but not
limited to, date of birth and nationality.
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:
After the forensic examination is
completed, all case files shall be stored
as closed case files onsite at HSI–FL for
6 years followed by 10 years in offsite
temporary storage for a total of 16 years.
Exception: All war crimes and capital
cases shall be held indefinitely onsite at
the HSI–FL.
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SYSTEM MANAGER AND ADDRESS:
U.S. Immigration and Customs
Enforcement, Homeland Security
Investigations Forensic Laboratory, Unit
Chief, 8000 West Park Drive, McLean,
VA 22102–3105.
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
DHS/ICE will consider individual
requests to determine whether or not
information may be released. Thus,
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 ICE’s FOIA Officer, whose
contact information can be found at
https://www.dhs.gov/foia under
‘‘Contacts.’’ If an individual believes
more than one component maintains
Privacy Act records concerning him or
her, the individual may submit the
request to the Chief Privacy Officer and
Chief Freedom of Information Act
Officer, Department of Homeland
Security, 245 Murray Drive SW.,
Building 410, STOP–0655, Washington,
DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR Part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
https://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain 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; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
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individual certifying his/her agreement
for you to access his/her records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2012–1091]
Availability of Final Environmental
Assessment and Finding of No
Significant Impact for the Proposed
Modification of the Bayonne Bridge
Across the Kill Van Kull Between
Bayonne, Hudson County, New Jersey
and Staten Island, Richmond County,
New York
Coast Guard, DHS.
Notice of availability.
AGENCY:
RECORD SOURCE CATEGORIES:
ACTION:
Records in the system are supplied by
several sources. In general, information
is obtained from federal, state, local,
tribal, or foreign governments. More
specifically, DHS/ICE–014 records are
derived from the following sources: (a)
other federal, state, local, tribal, or
foreign governments and government
information systems; and (b) evidence,
contraband, and other seized material.
SUMMARY:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2), has
exempted this system from the
following provisions of the Privacy Act
5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(e)(5), (e)(8), (f); and (g). Additionally,
the Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(2), has
exempted this system from the
following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). Where a
record received from another system has
been exempted in that source system
under 5 U.S.C. 552a(j)(2), DHS will
claim the same exemptions for those
records that are claimed for the original
primary systems of records from which
they originated and claims any
additional exemptions in accordance
with this rule.
Dated: April 22, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2013–11722 Filed 5–15–13; 8:45 am]
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This notice announces the
availability of a Final Environmental
Assessment (Final EA) which examines
the reasonably foreseeable
environmental impacts and socioeconomic impacts of the proposed
modification of the historic Bayonne
Bridge across the Kill Van Kull between
Bayonne, New Jersey and Staten Island,
New York. This notice also announces
the availability of the Finding of No
Significant Impact (FONSI). Because the
Bayonne Bridge is a structure over
navigable waters of the United States,
the proposed bridge modification
requires a Coast Guard Bridge Permit
Amendment. This notice provides
information on where to view the Final
EA and FONSI, which consider an
application by the Port Authority of
New York & New Jersey (PANYNJ) for
Coast Guard approval of the
modification to the Bayonne Bridge
across the Kill Van Kull.
ADDRESSES: We have provided a copy of
the Final EA and FONSI in our online
docket at https://www.regulations.gov.
Also, the Coast Guard First District
Bridge Office at 1 South Street Bldg 1,
New York, NY 10004–1466 will
maintain a printed copy of the Final EA
and FONSI for public viewing. The
document will be available for
inspection at this location between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays. The
document will also be available for
inspection in the locations shown in the
section below titled ‘‘Viewing the Final
EA and FONSI.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Christopher Bisignano, Bridge
Management Specialist, First Coast
Guard District, U.S. Coast Guard;
telephone 212–668–7165, email
Christopher.J.Bisignano@uscg.mil. If
you have questions on viewing material
on the docket, call Docket Operations at
202–366–9826.
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SUPPLEMENTARY INFORMATION:
Authority: The Final Environmental
Assessment and Finding of No
Significant Impact have been prepared
in accordance with the National
Environmental Policy Act (NEPA) (42
U.S.C. 4321 et. seq.); Council on
Environmental Quality (CEQ)
Regulations for Implementing NEPA (40
CFR 1500–1508) and associated CEQ
guidelines; Department of Homeland
Security Management Directive 5100.1,
Environmental Planning Program; and
United States Coast Guard Commandant
Instruction M16475.1D, National
Environmental Policy Act Implementing
Procedures and Policy for Considering
Environmental Impacts.
Viewing the Final EA and FONSI: To
view Final EA and FONSI go to
https://www.regulations.gov, insert
‘‘USCG–2012–1091’’ in the Search box,
press Enter, then click on the ‘‘Open
Docket Folder’’ option. If you do not
have access to the internet, you may
view the docket online by visiting the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility. The Final EA and
FONSI are also available online at
https://www.uscg.mil/d1/prevention/
Bridges.asp, www.dhs.gov/nepa, and
https://www.panynj.gov/bayonnebridge/,
and are available from 10 a.m.–3 p.m.,
Monday through Friday (except federal
holidays and as noted below), for
inspection at the following locations:
1. U.S. Coast Guard Battery Bldg, 1
South Street, Building 1, New York, NY
10004
2. U.S. Coast Guard Sector New York,
212 Coast Guard Drive, Staten Island,
NY 10305
3. Bayonne City Hall, 630 Avenue C,
Bayonne, NJ 07002
4. Staten Island Borough Hall, 10
Richmond Terrace, Room 100, Staten
Island, NY 10301
5. Bayonne Public Library, 630
Avenue C, Bayonne, NJ 07002 (Also
available from 12 p.m.–5 p.m. on
Saturdays)
6. Port Richmond–NY Public Library,
75 Bennett Street, Staten Island, NY
10302 (Also available 12 p.m.–5 p.m. on
Thursdays and Saturdays)
7. Ironbound Community Corp, 317
Elm Street, Newark, NJ 07105
8. New York Assembly District 61,
853 Forest Avenue, Staten Island, NY
10301
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Agencies
[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28867-28873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11722]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2013-0078]
Privacy Act of 1974; Department of Homeland Security/U.S.
Immigration and Customs Enforcement--014 Homeland Security
Investigations Forensic Laboratory System of Records
AGENCY: Privacy Office, Department of Homeland Security.
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 Department of Homeland
Security system of records titled, ``Department of Homeland Security/
U.S. Immigration and Customs Enforcement--014 Homeland Security
Investigations Forensic Laboratory System of Records.'' This system of
records allows the Department of Homeland Security/U.S. Immigration and
Customs Enforcement to collect and maintain records by the Homeland
Security Investigations Forensic Laboratory (HSI-FL). The HSI-FL is a
U.S. crime laboratory specializing in scientific authentication;
forensic examination; research, analysis, and training related to
travel and identity documents; latent and patent finger and palm
prints; and audio and video files in support of law enforcement
investigations and activities by DHS and other agencies. To facilitate
forensic examinations and for use in forensic document training,
research, and analysis, the HSI-FL maintains case files, a case
management system, an electronic library of travel and identity
documents (Imaged Documents and Exemplars Library), and a hard copy
library referred to as the HSI-FL Library. Additionally, the Department
of Homeland Security is issuing a Notice of Proposed Rulemaking
elsewhere in the Federal Register to exempt this system of records from
certain provisions of the Privacy Act. This newly established system
will be included in the Department of Homeland Security's inventory of
record systems.
[[Page 28868]]
DATES: Submit comments on or before June 17, 2013. This new system will
be effective June 17, 2013.
ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0078 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting 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 https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, please visit https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Lyn Rahilly, Privacy Officer, (202-732-3300), U.S. Immigration and
Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington,
DC 20536, email: ICEPrivacy@dhs.gov. For privacy questions, please
contact: Jonathan R. Cantor, (202-343-1717), Acting Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS), U.S. Immigration and Customs
Enforcement (ICE) proposes to establish a new DHS system of records
titled, ``DHS/ICE-014--Homeland Security Investigations Forensic
Laboratory System of Records.''
The Homeland Security Investigations Forensic Laboratory (HSI-FL)
is an accredited crime laboratory located within ICE's Office of
Homeland Security Investigations (HSI) that provides a broad range of
forensic, intelligence, and investigative support services for ICE,
DHS, and many other U.S. and foreign law enforcement agencies. Created
in 1978 under the U.S. Department of Justice, Immigration and
Naturalization Service, the HSI-FL became part of DHS on March 1, 2003,
as part of the federal government's response to the 9/11 attacks. The
HSI-FL is the only U.S. crime laboratory specializing in scientific
authentication; forensic examination; research, analysis, and training
related to travel and identity documents; latent and patent finger and
palm prints; and audio and video files in support of law enforcement
investigations and activities by DHS and other agencies. To facilitate
forensic examinations and for use in forensic document training,
research, and analysis, the HSI-FL maintains case files, a case
management system, an electronic library of travel and identity
documents (Imaged Documents and Exemplars Library (IDEAL)), and a hard
copy library referred to as the HSI-FL Library.
As a crime laboratory specializing in the forensic examination and
research of travel and identity documents, the HSI-FL attempts to
determine the authenticity, authorship, and any actual or potential
alterations of travel and identity documents. Examinations of such
documents submitted by DHS and other U.S. and foreign law enforcement
agencies and international organizations normally begin with a physical
(naked eye, tactile) inspection and proceed to microscopic,
instrumental, and comparative examinations, as necessary and
appropriate. Depending on the document type, these examinations also
may require the expert analyses of handwriting, hand printing,
typewriting, printing processes, papers, inks, and stamp impressions.
HSI-FL examinations are predominantly performed on documents used
to establish identity or facilitate travel, such as passports, visas,
identification cards, and border crossing cards, but can be performed
on virtually any document, including envelopes, handwritten documents,
letters, vital records, and typewritten documents. DHS and other
federal, state, and international government agencies, or organizations
such as the United Nations, may submit requests to HSI-FL for document
authentication. In response, the HSI-FL may conduct an analysis and
share the results of forensic examinations within DHS and externally
with other government agencies and international organizations in the
course of law enforcement investigations and for admission into
evidence in judicial proceedings.
In addition to the forensic examination of documents, the HSI-FL
performs fingerprint analysis. The fingerprint analysis performed by
HSI-FL may not be document-related. This analysis may include
fingerprints collected from evidence during an investigation such as
firearms, drug packaging, currency, periodicals, photo albums, CDs and
computers. Fingerprint analysis will include both latent (invisible to
the naked eye) and patent (visible to the naked eye) finger and palm
prints.
The HSI-FL also performs technical enhancements of audio and video
files. The audio and video work performed by the HSI-FL is limited to
enhancing files to improve their quality and clarifying detail to allow
law enforcement agencies to better examine the files. For example, this
could include removing background noise from an audio file or improving
the clarity of an image in a video. The HSI-FL is not responsible for
performing forensic examinations of the audio or video files but merely
performs technical work to permit law enforcement agencies outside of
the HSI-FL to conduct law enforcement investigations.
Laboratory Information Management System
In order to track evidence and cases, the HSI-FL implemented the
Laboratory Information Management System (LIMS) as their case
management system. LIMS allows the HSI-FL to capture information about
the individual submitting the request for analysis, identify the
evidence submitted, track the evidence as it moves throughout the HSI-
FL for chain of custody purposes, capture case notes and results of
examinations, store electronic images of evidence, and produce reports
of findings. LIMS also captures other case-related activities such as
descriptions of expert witness testimony provided by HSI-FL employees.
The HSI-FL also uses LIMS to record and store operational (non-
forensic) requests for assistance, hours HSI-FL staff spend on training
activities, and digital copies of training certificates of completion.
In addition, LIMS generates recurring and ad hoc statistics reports in
support of HSI-FL staff operations and management request.
Imaged Documents and Exemplars Library
The IDEAL database and the HSI-FL Library contain two categories of
records: (1) Travel and identity documents and (2) reference materials
used to help in the forensic analysis of travel and identity documents.
The HSI-FL maintains the documents and reference materials in both hard
copy and electronic format for use in comparative forensic examination
and fraudulent document training, research, and analysis. The hard
copies are maintained in the HSI-FL Library while the electronic copies
are stored in the IDEAL database. IDEAL contains electronic images and
document characteristics for all documents and reference materials
stored in the HSI-FL
[[Page 28869]]
Library and allows HSI-FL employees to access these electronic images
and document characteristics from their own workstations. Further,
IDEAL provides the inventory control of the hard copy material in the
HSI-FL Library, which includes the support of ``checking out'' hard
copy documents and reference materials in the HSI-FL Library by HSI-FL
employees.
IDEAL indexes and assigns to all documents added to the HSI-FL
Library an IDEAL identification number (IDEAL ID Number) and bar code,
thus providing a standard identification and tracking mechanism and
permitting indexing. The IDEAL ID Number is system-generated and allows
documents to be quickly located in IDEAL. The bar code number links the
images maintained in IDEAL to hard copies maintained in the HSI-FL
Library.
The HSI-FL collects and maintains genuine, altered, and counterfeit
travel and identity documents (hereafter, ``documents'') in hard copy
format from international organizations, government agencies, and law
enforcement organizations from across the United States and around the
world to research methods of document production and authenticate
questionable documents through comparative forensic examinations. These
travel and identity documents include documents such as passports,
identification cards, birth certificates, stamps, visas, and any other
document that can be used to establish nationality or identity from any
country including the United States.
From these same sources, the HSI-FL also collects information that
helps with the identification of potential counterfeit characteristics,
potential fraud, security features, and other information valuable to
forensic analysis (hereafter, ``reference materials''). HSI-FL
employees also make use of reference materials issued by the United
States and other nations that contain useful information such as
descriptions of security features of travel and identity documents or
information concerning attempts to counterfeit or alter such documents.
Document characteristics including personally identifiable
information (PII) are manually entered into IDEAL to catalogue, track,
and facilitate searching for documents and reference materials.
Depending on the particular document, the document characteristics
entered into IDEAL may include the document type, document number
(e.g., passport number, driver's license number, state identification
number), country of origin, region, authenticity of the document,
information regarding the location and availability of the hard copy
document in the HSI-FL Library, and a short description of the
document. Social Security Numbers are not directly entered into IDEAL,
instead the serial number on the back of the document is entered into
the system. In addition to manually entered information, the document
is scanned into IDEAL capturing and storing additional information,
including PII. The PII stored on the images is view-only and may not be
searched or used in any other manner in IDEAL.
The HSI-FL divides the documents maintained in the HSI-FL Library
and electronically in IDEAL into five different categories: (1) Genuine
standard documents; (2) verified documents; (3) unverified documents;
(4) counterfeit documents; and (5) altered documents. The first
category, genuine standard documents, is comprised of documents never
used in circulation and officially submitted to the HSI-FL by a valid
issuing authority or other officially recognized domestic or foreign
agency. Valid issuing authorities produce genuine standard documents as
samples of particular travel and identity documents (e.g., passports)
and include all of the same characteristics and security features of
that document. Genuine standard documents are usually issued under an
obviously fictitious name, such as ``Happy Traveler,'' to ensure they
are easily identified as samples. Genuine standard documents do not
contain the PII of actual individuals; however, they may contain
photographs of individuals who have consented for their images to be
used and distributed on these sample documents. The HSI-FL uses genuine
standard documents during forensic analysis to authenticate other
travel and identity documents purporting to have been issued by the
same issuing authority. This authentication is used to support law
enforcement investigations in response to government agency inquiries
from the United States and around the world and judicial proceedings.
The remaining four categories of documents are provided to the HSI-
FL by the valid issuing authority of a domestic or foreign agency, or
from other sources including international organizations; DHS; the U.S.
Department of State (DOS); and other federal, state, and foreign
government agencies and law enforcement organizations. These four
categories of documents may be directly provided for inclusion in the
HSI-FL Library or may be initially provided for other purposes such as
forensic examination and then retained by the HSI-FL, with the
submitting agency's permission, after the examination is complete. The
HSI-FL determines whether to include specific documents in the HSI-FL
Library based upon the HSI-FL Library's need for that document,
particularly whether the HSI-FL Library currently has a document of
that type already in the HSI-FL Library. These categories of documents
may contain the PII of individuals. Verified documents are documents
that the HSI-FL has found to conform to comparable genuine travel and
identity documents. Unverified documents are documents that the HSI-FL
has analyzed and has not conclusively determined are verified,
counterfeit, or altered. Counterfeit documents are documents that the
HSI-FL has determined through forensic analysis are not authentic
documents issued by a foreign or domestic governmental issuing
authority. Altered documents are documents that were originally
authentic documents issued by a foreign or domestic governmental
issuing authority that have been changed in an unauthorized manner.
Certain designated users at the DOS have read-only access to IDEAL.
This read-only access allows certain designated DOS employees to search
and view travel and identity documents and reference materials. These
documents and materials may contain the PII of actual individuals. This
information is used by the DOS for their reference and in support of
their mission. This use includes supporting the processing of petitions
or applications for benefits under the Immigration and Nationality Act,
and other immigration and nationality laws including treaties and
reciprocal agreements. It also includes when the DOS requires
information to consider and/or provide an informed response to a
request for information from a foreign, international, or
intergovernmental agency, authority, or organization about an alien or
an enforcement operation with transnational implications. Authorized
users from the DOS are the only non-DHS users with direct access to
IDEAL.
Consistent with DHS' information sharing mission, information
stored in the DHS/ICE-014 Homeland Security Investigations Forensic
Laboratory System of Records may be shared with other DHS components
that have a need to know the information to carry out their national
security, law enforcement, immigration, intelligence, or other homeland
security functions. In addition, information may be shared with
appropriate federal, state, local, tribal, territorial, foreign, or
international government agencies
[[Page 28870]]
consistent with the routine uses set forth in this system of records
notice.
Additionally, DHS is issuing a Notice of Proposed Rulemaking to
exempt this system of records from certain provisions of the Privacy
Act, elsewhere in the Federal Register. This newly established system
will be included in DHS' inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/ICE-014 Homeland Security
Investigations Forensic Laboratory System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
Department of Homeland Security (DHS)/U.S. Immigration and Customs
Enforcement
(ICE)-014
System name:
DHS/ICE-014 Homeland Security Investigations Forensic Laboratory
(HSI-FL)
Security classification:
Law enforcement sensitive.
System location:
Records are maintained at U.S. Immigration and Customs Enforcement
Headquarters in Washington, DC and in field offices, and electronic
records are maintained in LIMS, IDEAL, and other IT systems.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
1. Individuals whose information is contained on United States or
international travel and identity documents, such as driver's licenses,
passports, and other forms of identification, that are maintained in
the Homeland Security Investigations Forensic Laboratory (HSI-FL)
Library;
2. Individuals whose information is contained on United States or
international travel and identity documents, such as driver's licenses,
passports, and other forms of identification, that are provided to the
HSI-FL for forensic examination during a criminal or administrative law
enforcement investigation;
3. Individuals who are the subjects of current or previous law
enforcement investigations by other domestic or foreign agencies where
the HSI-FL is providing support and assistance;
4. Individuals who are the subjects of current or previous law
enforcement investigations into violations of U.S. customs and
immigration laws, as well as other laws and regulations within ICE's
jurisdiction, including investigations led by other domestic or foreign
agencies, where the HSI-FL is providing support and assistance; and
5. Individuals whose image or voice may be captured on video or
audio files where the HSI-FL is provided the file to perform technical
enhancements of the file.
Categories of records in the system:
Categories of records in this system include:
1. Biographic, descriptive, historical and other identifying data,
including: Names; photographs; fingerprint identification number; date
and place of birth; passport and other travel document information;
nationality; aliases; Alien Registration Number (A- Number); Social
Security Number; other identification numbers, contact or location
information (e.g., known or possible addresses, phone numbers); visa
information; employment, educational, immigration, and criminal
history; height, weight, eye color, hair color and other unique
physical characteristics (e.g., scars and tattoos).
2. Fingerprints or palm prints of individuals whose information is
provided to the HSI-FL for forensic examination.
3. Case-related data, including: Case number, record number, and
other data describing an event involving alleged violations of criminal
or immigration law (such as, location, date, time, event category
(event categories describe broad categories of criminal law
enforcement, such as immigration worksite enforcement, contraband
smuggling, and human trafficking)); types of criminal or immigration
law violations alleged; types of property involved; use of violence,
weapons, or assault against DHS personnel or third parties; attempted
escape; and other related information. ICE case management information,
including: case category; case agent; date initiated; and date
completed.
4. Birth, marriage, education, employment, travel, and other
information derived from affidavits, certificates, manifests, and other
documents presented to or collected by ICE during immigration and law
enforcement proceedings or activities. This data typically pertains to
subjects, relatives, and witnesses.
5. Data concerning personnel of other agencies that arrested, or
assisted or participated in the arrest or investigation of, or are
maintaining custody of an individual whose arrest record is contained
in this system of records. This can include: Name; title; agency name;
address; telephone number; and other information.
Authority for maintenance of the system:
8 U.S.C. 1103, 44 U.S.C. 3101, 18 U.S.C. 496, 18 U.S.C. 911, 18
U.S.C. 1001, 18 U.S.C. 1028, 18 U.S.C. 1425, 18 U.S.C. 1426, 18 U.S.C.
1427, 18 U.S.C. 1541, 18 U.S.C. 1543, and 18 U.S.C. 1546.
Purpose(s):
The purposes of this system are to:
1. Maintain records related to the scientific authentication,
examination, research, and analysis of travel and identity documents,
fingerprints, and palm prints in accordance with established laboratory
policies and procedures, scientific principles, and accreditation
standards.
2. Maintain a library of travel and identity documents and
associated reference materials for use in forensic examinations,
investigations, training, and other activities.
3. Support the forensic examinations on a full range of documents,
including but not limited to, passports, visas, driver's licenses,
identification cards, border crossing cards, handwritten documents,
vital records, and typewritten documents. The analysis may include, but
is not limited to, an examination of handwriting, hand printing,
typewriting, printing processes, security features, papers, inks, and
stamp impressions.
4. Maintain records facilitating the preparation of written
laboratory reports and delivery of expert witness testimony in both
legal proceedings.
5. Support the provision of training in fraudulent document
detection, creation
[[Page 28871]]
of document intelligence alerts and reference guides, and provision of
direct assistance to federal, state and local agencies, as well as
foreign governments and commercial entities to combat document fraud.
6. Provide assistance within ICE and to domestic and foreign
agencies to support the identification and arrest of individuals (both
citizens and non-citizens) who commit violations of law.
7. 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 (DOJ) (including U.S. Attorneys'
Offices) or other federal agency conducting litigation or proceedings
before any court, adjudicative or administrative body, when it is
relevant or necessary to the litigation and one of the following is a
party to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity where DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) that rely upon
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. When a record, either on its face or in conjunction with other
information, indicates a violation or potential violation of law, which
includes criminal, civil, or regulatory violations, and such disclosure
is proper and consistent with the official duties of the person making
the disclosure, a disclosure may be made to federal, state, local,
tribal, territorial, international, or foreign law enforcement agencies
or other appropriate authorities charged with investigating or
prosecuting a violation or enforcing or implementing a law, rule,
regulation, or order.
H. To courts, magistrates, administrative tribunals, opposing
counsel, parties, and witnesses, in the course of immigration, civil,
or criminal proceedings (including discovery, presentation of evidence,
and settlement negotiations) when DHS determines that such disclosure
is relevant and necessary to the litigation and one of the following is
party to the proceedings or has an interest in such proceeding:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity where the government has agreed to represent the employee; or
4. The United States, where DHS determines that litigation is
likely to affect DHS or any of its components.
I. To federal, state, local, tribal, territorial, or foreign
government agencies, as well as to other individuals and organizations
during the course of an investigation by DHS or the processing of a
matter under DHS's jurisdiction, or during a proceeding within the
purview of the immigration and nationality laws, when DHS deems that
such disclosure is necessary to carry out its functions and statutory
mandates or to elicit information required by DHS to carry out its
functions and statutory mandates.
J. To federal, state, local, tribal, or territorial government
agencies seeking to verify or ascertain the citizenship or immigration
status of any individual within the jurisdiction of the agency for any
purpose authorized by law.
K. To federal, state, local, tribal, or territorial government
agencies, or other entities or individuals, or through established
liaison channels to selected foreign governments, in order to provide
intelligence, counterintelligence, or other information for the
purposes of national security, intelligence, counterintelligence, or
antiterrorism activities authorized by U.S. law, Executive Order, or
other applicable national security directive.
L. To federal, state, local, tribal, territorial, or foreign
government agencies or organizations, or international organizations,
lawfully engaged in collecting law enforcement intelligence, whether
civil or criminal, to enable these entities to carry out their law
enforcement responsibilities, including the collection of law
enforcement intelligence.
M. To international, foreign, intergovernmental, and multinational
government agencies, authorities, and organizations in accordance with
law and formal or informal international arrangements.
N. To federal and foreign government intelligence or
counterterrorism agencies or components when DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or when such disclosure is to support the conduct of national
intelligence and security investigations or to assist in anti-terrorism
efforts.
O. To federal, state, local, tribal, territorial, or foreign
government agencies or entities or multinational government agencies
when DHS desires to exchange relevant data for the purpose of
developing, testing, or implementing new software or technology whose
purpose is related to this system of records.
P. To federal, state, local, territorial, tribal, international, or
foreign criminal, civil, or regulatory law enforcement authorities when
the information is
[[Page 28872]]
necessary for collaboration, coordination and de-confliction of
investigative matters, prosecutions, and/or other law enforcement
actions to avoid duplicative or disruptive efforts and to ensure the
safety of law enforcement officers who may be working on related law
enforcement matters.
Q. 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; or when the Department of State requires
information to consider and/or provide an informed response to a
request for information from a foreign, international, or
intergovernmental agency, authority, or organization about an alien or
an enforcement operation with transnational implications.
R. To the Department of State to provide read-only access of
records maintained in the Imaged Documents and Exemplars Library to
assist the Department of State with their validation of travel and
identity documents.
S. To federal, state, local, tribal, territorial, or foreign
government agencies for purposes of completing and providing results of
requested forensic examinations to the requesting agency.
T. To the Department of Justice (including United States Attorneys'
Offices) or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
necessary to assist in the development of such agency's legal and/or
policy position.
U. To the U.S. Senate Committee on the Judiciary or the U.S. House
of Representatives Committee on the Judiciary when necessary to inform
members of Congress about an alien who is being considered for private
immigration relief.
V. To federal, state, tribal, territorial, local, international, or
foreign government agencies or entities 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) to verify the identity of an
individual seeking redress in connection with the operations of a DHS
component or program; or (3) to verify the accuracy of information
submitted by an individual who has requested such redress on behalf of
another individual.
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' 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
may be stored in hard copy and electronically on magnetic disc, tape,
digital media, and CD-ROM.
Retrievability:
Records may be retrieved by name, identification numbers including
case or record number if applicable; other personal identification
numbers including Alien Registration Number (A-Number), fingerprint
identification number, and other personal identification numbers; and
case related data and/or combination of other personal identifiers
including, but not limited to, date of birth and nationality.
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:
After the forensic examination is completed, all case files shall
be stored as closed case files onsite at HSI-FL for 6 years followed by
10 years in offsite temporary storage for a total of 16 years.
Exception: All war crimes and capital cases shall be held indefinitely
onsite at the HSI-FL.
System Manager and address:
U.S. Immigration and Customs Enforcement, Homeland Security
Investigations Forensic Laboratory, Unit Chief, 8000 West Park Drive,
McLean, VA 22102-3105.
Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, DHS/ICE will consider
individual requests to determine whether or not information may be
released. Thus, 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 ICE's FOIA Officer, whose
contact information can be found at https://www.dhs.gov/foia under
``Contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her, the individual may
submit the request to the Chief Privacy Officer and Chief Freedom of
Information Act Officer, Department of Homeland Security, 245 Murray
Drive SW., Building 410, STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR Part 5. You must
first verify your identity, meaning that you must provide your full
name, current address, and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
Explain 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; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If your request is seeking records pertaining to another living
individual, you must include a statement from that
[[Page 28873]]
individual certifying his/her agreement for you to access his/her
records.
Without the above information, the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records in the system are supplied by several sources. In general,
information is obtained from federal, state, local, tribal, or foreign
governments. More specifically, DHS/ICE-014 records are derived from
the following sources: (a) other federal, state, local, tribal, or
foreign governments and government information systems; and (b)
evidence, contraband, and other seized material.
Exemptions claimed for the system:
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the following provisions of
the Privacy Act 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f); and (g).
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(k)(2), has exempted this system from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). Where a record received from another
system has been exempted in that source system under 5 U.S.C.
552a(j)(2), DHS will claim the same exemptions for those records that
are claimed for the original primary systems of records from which they
originated and claims any additional exemptions in accordance with this
rule.
Dated: April 22, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-11722 Filed 5-15-13; 8:45 am]
BILLING CODE 9111-28-P