Privacy Act of 1974; System of Records, 1182-1186 [2019-00770]
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices
08869, 908–526–2400/800–437–4986,
(Formerly: Roche Biomedical
Laboratories, Inc.)
Laboratory Corporation of America
Holdings, 1904 TW Alexander Drive,
Research Triangle Park, NC 27709,
919–572–6900/800–833–3984,
(Formerly: LabCorp Occupational
Testing Services, Inc., CompuChem
Laboratories, Inc.; CompuChem
Laboratories, Inc., A Subsidiary of
Roche Biomedical Laboratory; Roche
CompuChem Laboratories, Inc., A
Member of the Roche Group)
Laboratory Corporation of America
Holdings, 1120 Main Street,
Southaven, MS 38671, 866–827–8042/
800–233–6339, (Formerly: LabCorp
Occupational Testing Services, Inc.;
MedExpress/National Laboratory
Center)
LabOne, Inc. d/b/a Quest Diagnostics,
10101 Renner Blvd., Lenexa, KS
66219, 913–888–3927/800–873–8845,
(Formerly: Quest Diagnostics
Incorporated; LabOne, Inc.; Center for
Laboratory Services, a Division of
LabOne, Inc.)
MedTox Laboratories, Inc., 402 W
County Road D, St. Paul, MN 55112,
651–636–7466/800–832–3244
Legacy Laboratory Services—MetroLab,
1225 NE 2nd Ave., Portland, OR
97232, 503–413–5295/800–950–5295
Minneapolis Veterans Affairs Medical
Center, Forensic Toxicology
Laboratory, 1 Veterans Drive,
Minneapolis, MN 55417, 612–725–
2088, Testing for Veterans Affairs
(VA) Employees Only
Pacific Toxicology Laboratories, 9348
DeSoto Ave., Chatsworth, CA 91311,
800–328–6942, (Formerly: Centinela
Hospital Airport Toxicology
Laboratory)
Pathology Associates Medical
Laboratories, 110 West Cliff Dr.,
Spokane, WA 99204, 509–755–8991/
800–541–7891x7
Phamatech, Inc., 15175 Innovation
Drive, San Diego, CA 92128, 888–
635–5840
Quest Diagnostics Incorporated, 1777
Montreal Circle, Tucker, GA 30084,
800–729–6432, (Formerly: SmithKline
Beecham Clinical Laboratories;
SmithKline Bio-Science Laboratories)
Quest Diagnostics Incorporated, 400
Egypt Road, Norristown, PA 19403,
610–631–4600/877–642–2216,
(Formerly: SmithKline Beecham
Clinical Laboratories; SmithKline BioScience Laboratories)
Redwood Toxicology Laboratory, 3700
Westwind Blvd., Santa Rosa, CA
95403, 800–255–2159
US Army Forensic Toxicology Drug
Testing Laboratory, 2490 Wilson St.,
Fort George G. Meade, MD 20755–
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5235, 301–677–7085, Testing for
Department of Defense (DoD)
Employees Only
The following laboratories are
voluntarily withdrawing from the
National Laboratory Certification
Program:
National Toxicology Laboratories, Inc.,
1100 California Ave. Bakersfield, CA
93304, 661–322–4250/800–350–3515,
Withdrawal effective December 19,
2018
One Source Toxicology Laboratory, Inc.,
1213 Genoa-Red Bluff, Pasadena, TX
77504, 888–747–3774, (Formerly:
University of Texas Medical Branch,
Clinical Chemistry Division; UTMB
Pathology-Toxicology Laboratory),
Withdrawal effective January 18, 2019
* The Standards Council of Canada
(SCC) voted to end its Laboratory
Accreditation Program for Substance
Abuse (LAPSA) effective May 12, 1998.
Laboratories certified through that
program were accredited to conduct
forensic urine drug testing as required
by U.S. Department of Transportation
(DOT) regulations. As of that date, the
certification of those accredited
Canadian laboratories will continue
under DOT authority. The responsibility
for conducting quarterly performance
testing plus periodic on-site inspections
of those LAPSA-accredited laboratories
was transferred to the U.S. HHS, with
the HHS’ NLCP contractor continuing to
have an active role in the performance
testing and laboratory inspection
processes. Other Canadian laboratories
wishing to be considered for the NLCP
may apply directly to the NLCP
contractor just as U.S. laboratories do.
Upon finding a Canadian laboratory to
be qualified, HHS will recommend that
DOT certify the laboratory (Federal
Register, July 16, 1996) as meeting the
minimum standards of the Mandatory
Guidelines published in the Federal
Register on January 23, 2017 (82 FR
7920). After receiving DOT certification,
the laboratory will be included in the
monthly list of HHS-certified
laboratories and participate in the NLCP
certification maintenance program.
Charles P. LoDico,
Chemist.
[FR Doc. 2019–00613 Filed 1–31–19; 8:45 am]
BILLING CODE 4162–20–P
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DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2018–0069]
Privacy Act of 1974; System of
Records
U.S. Immigration and Customs
Enforcement, Department of Homeland
Security.
ACTION: Notice of a New System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
establish a new DHS/U.S. Immigration
and Customs Enforcement (ICE) system
of records titled, ‘‘Department of
Homeland Security/U.S. Immigration
and Customs Enforcement–017 Angel
Watch Program System of Records.’’
This system of records covers records
collected as part of ICE’s Angel Watch
Program (also referred to as Operation
Angel Watch) conducted by the Child
Exploitation Investigations Unit of the
ICE Homeland Security Investigations
Cyber Crimes Center. ICE’s Angel Watch
Program is conducted as part of the
Angel Watch Center (AWC), a joint
initiative among ICE, DHS’s U.S.
Customs and Border Protection (CBP),
and the U.S. Department of Justice’s
U.S. Marshals Service, as prescribed by
International Megan’s Law (IML) to
Prevent Child Exploitation and Other
Sexual Crimes through Advanced
Notification of Traveling Sex Offenders
(Pub. L. 114–119).
The AWC’s mission is to prevent
child sex tourism by alerting destination
countries that covered sex offenders—
individuals who have been convicted of
sexual offenses against minors and are
required to register as sex offenders with
any jurisdiction in the United States—
have scheduled upcoming travel to
those countries. In accordance with
IML, the AWC sends information to the
U.S. Department of State (DoS) to
facilitate that agency’s placement of
unique identifiers on the passports of
covered sex offenders.
This system of records describes how
DHS/ICE, in accordance with IML,
collects and maintains records about
covered sex offenders and shares certain
information with DoS; the U.S.
Department of Justice; other federal,
state, and local agencies; and foreign
countries. This newly established
system of records will be included in
the Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
March 4, 2019. This new system will be
effective upon publication. Routine uses
will be effective March 4, 2019.
SUMMARY:
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You may submit comments,
identified by docket number DHS–
2018–0069 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: Philip S. Kaplan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number DHS–2018–0069. 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, go to https://
www.regulations.gov.
ADDRESSES:
For
general questions, please contact:
Amber Smith, (202) 732–3300, Privacy
Officer, Office of Information
Governance and Privacy, Immigration
and Customs Enforcement, 500 12th
Street SW, Mail Stop 5004, Washington,
DC 20536. For privacy questions, please
contact: Philip S. Kaplan, privacy@
hq.dhs.gov, (202) 343–1717, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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–017
Angel Watch Program System of
Records.’’ This system of records covers
only Angel Watch Program activities
(also referred to as Operation Angel
Watch) conducted by the Child
Exploitation Investigations Unit of the
ICE Homeland Security Investigations
(HSI) Cyber Crimes Center, which
developed the Angel Watch Center
(AWC), a joint initiative among ICE,
DHS’s U.S. Customs and Border
Protection (CBP), and the U.S.
Department of Justice’s U.S. Marshals
Service, as prescribed by International
Megan’s Law (IML) to Prevent Child
Exploitation and Other Sexual Crimes
Through Advanced Notification of
Traveling Sex Offenders (Pub. L. 114–
119).
ICE previously relied on the DHS/
ICE–009 External Investigations System
of Records Notice, last published at 75
FR 404 (January 5, 2010), to cover Angel
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Watch Program records. ICE has
determined a separate system of records
notice (SORN) will provide greater
transparency and clearly describe the
records the Angel Watch Program
collects and maintains on individuals.
This system of records does not cover
records originating from Justice/FBI–001
National Crime Information Center
(NCIC) System of Records; 1 DHS/CBP–
006 Automated Targeting System; 2 and
the U.S. Department of State Consular
Lookout and Support System.3 At all
times, the Angel Watch Program
references these records directly from
the underlying systems in a manner
consistent with law enforcement
purposes stated in the source systems’
compliance documentation.
This system of records also does not
cover CBP or U.S. Marshals Service
records created or maintained as part of
their work in the AWC. Additionally, in
some cases, records originating with
Angel Watch Program activities may
give rise to or be used in investigations
by ICE. Those records continue to be
covered by the DHS/ICE–009 External
Investigations SORN.
The Angel Watch Program, created in
2007 by ICE’s HSI, and managed by the
Child Exploitation Investigations Unit of
HSI’s Cyber Crimes Center, identifies
individuals who have been convicted of
sexual crimes against a minor and who
may be traveling overseas for the
purpose of sexually abusing or
exploiting minors, a crime known as
‘‘child sex tourism,’’ and notifies the
relevant destination countries, as
appropriate.
Additionally, the AWC is required to
provide the U.S. Department of State
(DoS) with information about covered
sex offenders—individuals who have
been convicted of sexual offenses
against minors and are required to
register as sex offenders with any
jurisdiction in the United States—who
are traveling or intend on traveling
abroad so DoS may place a unique
identifier on their U.S. passports.
Pursuant to IML, the Angel Watch
Program runs automated queries
through CBP’s Automated Targeting
System—Passenger (ATS–P). ATS–P
1 JUSTICE/FBI 001—National Crime Information
Center, 64 FR 52343 (September 28, 1999), and as
amended, available at: https://www.justice.gov/
opcl/doj-systems-records.
2 DHS/CBP 006—Automated Targeting System, 77
FR 30297 (May 22, 2012).
3 STATE 05—Overseas Citizen Services Records,
September 8, 2016, 81 FR 62235 (September 8,
2016); STATE 26—Passport Records, March 24,
2015, 80 FR 15653 (March 24, 2015); and STATE
39—Visa Records, October 25, 2012, 8377 FR 28062
(June 15, 2018). U.S. Department of State SORNs are
available at: https://www.state.gov/privacy/sorns/
index.htm.
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scans passenger manifests of outgoing
international flights and identifies
passengers with a possible match to a
record in the National Sex Offender
database owned by the Department of
Justice’s National Criminal Information
Center (NCIC) for a sexual offense
against a minor (hereinafter, National
Sex Offender Registry or NSOR). Once
a traveler is identified as a potential
match to an NSOR record, the Angel
Watch Program reviews the traveler’s
biographical data received from ATS–P
to verify that the traveler is correctly
matched to the subject identified in the
NSOR record, and also reviews the
corresponding NCIC criminal history
data to confirm that the traveler has
been convicted of a covered sex offense
as defined within IML. In accordance
with information sharing agreements,
once the Angel Watch Program has
confirmed individuals with scheduled
travel are covered sex offenders, it
shares information about those
individuals with the U.S. Marshals
Service, which is co-located at the
AWC, to ensure the covered sex
offenders have provided notification to
states or locales about their upcoming
travel, as applicable. As part of the
Angel Watch Program, ICE does not use
or retain any information about
individuals who are determined not to
be covered sex offenders.
Through the Angel Watch Program
ICE evaluates multiple factors including
the details of each covered sex
offender’s travel itinerary to determine
if notification to the destination country
is appropriate. If ICE determines that
notification is appropriate, it sends an
operational record (i.e., biographic
information from source systems
pertaining to a covered sex offender) to
HSI Attache´ offices, which are located at
certain United States embassies. The
Attache´s then send a notification record
(i.e., a derivative of an operational
record containing only the information
needed to provide situational
awareness) to law enforcement and/or
border security officials in the
destination country or countries of the
covered sex offender’s pending arrival.
By notifying officials in the destination
countries prior to the covered sex
offender’s arrival, and by providing
basic flight information and conviction
information located in the NSOR, HSI
enables the destination countries to
make informed decisions about whether
they believe the covered sex offender
may pose a risk of engaging in child sex
tourism. HSI advises foreign countries
that this information is for informational
purposes only. If ICE’s Angel Watch
Program determines that notification is
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inappropriate, it will not proceed and
will delete the information.
Prior to traveling abroad, ICE strongly
encourages travelers who believe they
might be a covered sex offender to
contact the destination country to
ensure they will be permitted entry
upon arrival.
In accordance with 34 U.S.C.
21503(e)(7), ICE’s Angel Watch Program
has established a mechanism to receive
complaints from individuals alleged to
be affected by erroneous notifications to
destination countries. The Angel Watch
Program will ensure that any complaint
is promptly reviewed, and in the case of
a complaint that involves a notification
sent by another Federal Government
agency, the Angel Watch Program will
provide the individual with the contact
information, for the appropriate entity
and forward the complaint to that
entity, as required by IML. If the Angel
Watch Program determines it provided
inaccurate information, it will take
corrective action to remedy the error,
including notifying any foreign
government who received the inaccurate
information, as well as other Federal
Government agencies with which it has
previously shared the incorrect
information, so they can update their
records, as needed. The Angel Watch
Program will provide a complainant
with a written response in the event
incorrect information was shared, along
with an explanation, to the extent
permitted by law and policy, as to why
the incorrect information was shared,
and actions the program has taken to
remedy the error. The Angel Watch
Program will publicly post instructions
on how to submit a complaint on the
ICE public-facing website. The program
agrees to receive any complaint about an
individual having been identified by the
Angel Watch Program as a covered sex
offender via email at the following
address: DHSINTERMEGANSLAW@
ICE.DHS.GOV.
This new system of records will be
included in DHS’s 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
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individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. Additionally, the Judicial
Redress Act (JRA) provides covered
persons with a statutory right to make
requests for access and amendment to
covered records, as defined by the JRA,
along with judicial review for denials of
such requests. In addition, the JRA
prohibits disclosures of covered records,
except as otherwise permitted by the
Privacy Act.
Below is the description of the DHS/
ICE–017 Angel Watch Program 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 NAME AND NUMBER:
Department of Homeland Security
(DHS)/U.S. Immigration and Customs
Enforcement (ICE)–017 Angel Watch
Program System of Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the ICE
Headquarters in Washington, DC and
Homeland Security Investigations (HSI)
Attache´ offices abroad.
SYSTEM MANAGER(S):
Homeland Security Investigations,
Cyber Crimes Center Child Exploitation
Investigations Unit, (866) 347–2423,
U.S. Immigration and Customs
Enforcement, 500 12th Street SW,
Washington, DC 20536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
6 U.S.C. 202–203; 18 U.S.C. 1591,
1596, 2251, 2260, 2423; 19 U.S.C. 1628,
34 U.S.C. 21503.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
collect information on covered sex
offenders to: (1) Combat transnational
child sex tourism or exploitation; (2)
Share information on covered sex
offenders with foreign countries to aid
them in making informed decisions
regarding the admissibility of travelers
in their own countries; (3) Support the
receipt of and response to any
complaints by alleged covered sex
offenders or others related to the
activities of the Angel Watch Program;
(4) Identify potential criminal activity;
uphold and enforce criminal laws; and
ensure public safety.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system are: (1) Individuals,
including United States citizens, who
have an NSOR record for a sexual
offense against a minor and who have
scheduled international travel, and (2)
individuals, as well as any
representative acting on their behalf,
filing complaints with the Angel Watch
Program concerning alleged inaccurate
information.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
1. Notification records consist of
information transmitted to DHS’s
foreign counterparts for situational
awareness. This information may
include name, date of birth, Alien
Registration Number (A-Number), Social
Security number, passport number, and
country of birth.
2. Complaints filed by individuals or
their representatives concerning the
sharing of their travel information under
this program. This includes any
information submitted by the
complainant; information compiled by
the agency in researching the complaint;
records of an individual’s criminal
history and/or status on the sex offender
registry; memoranda or other
communications within the agency or
with other agencies related to the
complaint; research conducted in DHS
and other government data systems; and
the agency’s response to the complaint.
RECORD SOURCE CATEGORIES:
Angel Watch Program notification
records validate biographic information
against the Advance Targeting System—
Passenger (ATS–P), owned by U.S.
Customs and Border Protection; 4 the
National Sex Offender Registry within
the National Crime Information Center,
maintained by the Federal Bureau of
Investigation; 5 domestic courts and law
enforcement agencies; the U.S.
Department of Justice’s National Sex
Offender Public website (NSOPW), and
state, territories, and tribal sex offender
registries, available through NSOPW,
including the entities responsible for
their maintenance; 6 and the U.S.
4 DHS/CBP 006—Automated Targeting System, 77
FR 30297 (May 22, 2012).
5 JUSTICE/FBI 001—National Crime Information
Center, 64 FR 52343 (September 28, 1999), and as
amended, available at: https://www.justice.gov/
opcl/doj-systems-records.
6 NSOPW is a public resource that searches the
public sex offender registries from all 50 states, the
District of Columbia, the five principal U.S.
territories, and federally recognized Indian tribes.
Conversely, the FBI’s National Sex Offender
Registry is a database available only to law
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Department of State from its Consular
Lookout and Support System.7
Information is also obtained directly
from the individuals covered by this
system of records or their
representatives in the event a complaint
is filed.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
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 U.S. Department of Justice
(DOJ), including Offices of the U.S.
Attorneys, or other federal agencies
conducting litigation or in proceedings
before any court, adjudicative, or
administrative body, when it is relevant
or necessary to the litigation and one of
the following is a party to the litigation
or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The 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 there has been a
breach of the system of records; (2) DHS
has determined that as a result of the
suspected or confirmed breach there is
enforcement that is maintained by the FBI’s
Criminal Justice Information Services Division.
7 STATE 05—Overseas Citizen Services Records,
September 8, 2016, 81 FR 62235 (September 8,
2016); STATE 26–Passport Records, March 24,
2015, 80 FR 15653 (March 24, 2015); and STATE
39—Visa Records, October 25, 2012, 8377 FR 28062
(June 15, 2018). Department of State SORNs are
available at: https://www.state.gov/privacy/sorns/
index.htm.
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a risk of harm to individuals, DHS
(including its information systems,
programs, and operations), the Federal
Government, or national security; 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
breach or to prevent, minimize, or
remedy such harm.
F. To another Federal agency or
Federal entity, when DHS determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
G. To an appropriate Federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, when a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To 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.
I. To a foreign government to provide
notice of the intended travel of a
covered sex offender from the United
States to the foreign country, and to
assist that government in making an
informed decision as to whether the
offender may pose a risk of engaging in
child sex tourism while in that country.
J. 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
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1185
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.
K. To the U.S. Marshals Service to
coordinate, cooperate, and de-conflict
activities related to the foreign travel of
covered sex offenders.
L. To the U.S. Department of State: (1)
To provide notice of U.S. citizens
identified as covered sex offenders who
are traveling, or intend on traveling,
abroad so Department of State may
place a unique identifier on their
passports; (2) to provide notice of those
individuals no longer deemed a covered
sex offender; or (3) to resolve
complaints, inaccuracies, or errors.
M. To other Federal Government
agencies for the purpose of referring
complaints received from individuals
that are appropriately handled by those
other agencies.
N. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute a clearly unwarranted
invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
DHS/ICE stores records in this system
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records may be stored
on magnetic disc, tape, and digital
media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by name
and/or name and date of birth. In the
case of complaints, records may be
retrieved by name or complaint number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
ICE is in the process of drafting a
proposed record retention schedule to
be submitted to NARA for approval for
the information maintained by the
Angel Watch Program. The proposed
retention policy for notification records
is seven (7) years from the year in which
the travel was scheduled to occur, and
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for complaint records, seven years after
the complaint was closed.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS/ICE safeguards records in this
system according to all applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. ICE has strict controls 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.
RECORD ACCESS PROCEDURES:
Individuals seeking access to and
notification of any record contained in
this system of records may submit a
request in writing to the Chief Privacy
Officer and ICE Freedom of Information
Act (FOIA) Officer, whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘Contact
Information.’’ 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, Washington, DC 20528–0655.
Even if neither the Privacy Act nor the
Judicial Redress Act provides a right of
access, certain records about you may be
available under the Freedom of
Information Act.
When an individual is seeking records
about himself or herself from this
system of records or any other
Departmental system of records, the
individual’s request must conform with
the Privacy Act regulations set forth in
6 CFR part 5. The individual must first
verify his/her identity, meaning that the
individual must provide his/her full
name, current address, and date and
place of birth. The individual must sign
the request, and the individual’s
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, an individual 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, the individual should:
• Explain why you believe the
Department would have information on
him/her;
VerDate Sep<11>2014
21:23 Jan 31, 2019
Jkt 247001
• Identify which component(s) of the
Department the individual believes may
have the information about him/her;
• Specify when the individual
believes 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 an individual’s request is seeking
records pertaining to another living
individual, the first individual must
include a statement from the second
individual certifying his/her agreement
for the first individual to access his/her
records.
Without this bulleted 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.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy
Act or covered JRA records, see ‘‘access
procedures’’ above. Individuals who
wish to contest the accuracy of records
in this system of records should submit
these requests to the Privacy Division of
the ICE Information Governance &
Privacy Office. Requests must comply
with verification of identity
requirements set forth in Department of
Homeland Security Privacy Act
regulations at 6 CFR 5.21(d). Please
specify the nature of the complaint and
provide any supporting documentation.
By mail (please note substantial delivery
delays exist): ICE Information
Governance & Privacy Office, ATTN:
Privacy Division, 500 12th Street SW,
Mail Stop 5004, Washington, DC 20536.
By email: ICEPrivacy@ice.dhs.gov.
Please contact the Privacy Division
with any questions about submitting a
request at 202–732–3300 or ICEPrivacy@
ice.dhs.gov.
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures’’.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Philip S. Kaplan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2019–00770 Filed 1–31–19; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2018–0036]
Privacy Act of 1974; Computer
Matching Program
Federal Emergency
Management Agency, Department of
Homeland Security.
ACTION: Notice of a new computer
matching program.
AGENCY:
This document provides
notice of the establishment of a
computer matching program between
the Department of Homeland Security
(DHS)/Federal Emergency Management
Agency (FEMA) and the U.S.
Department of Housing and Urban
Development (HUD). The purpose of
this CMA is to ensure that eligible
housing assistance applicants do not
receive a duplication of housing benefits
from both DHS/FEMA and HUD, as
required by the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act, as amended.
DATES: The matching program will be
effective for a period of 18 months
beginning either January 31, 2019, or 40
days after the publication of this notice,
whichever is later. The matching
program may be extended for up to an
additional 12 months thereafter, if
certain conditions are met. Please
submit comments on the proposal by
March 4, 2019. A new or revised
matching notice will become effective
30 days from the date of publication in
the Federal Register, unless the agency
determines that significant changes to
the matching notice are necessary, and
as such, the agency will publish a
revised matching notice and provide an
additional 30-day public comment.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2018–0036 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• DHS Fax: 202–343–4010.
• DHS Mail: Jonathan R. Cantor,
Acting Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528–0655.
• HUD Mail: Rules Docket Clerk,
Office of General Counsel, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 10110,
Washington, DC 20410.
Instructions: All comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
SUMMARY:
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[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1182-1186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00770]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2018-0069]
Privacy Act of 1974; System of Records
AGENCY: U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
ACTION: Notice of a New System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to establish a new DHS/U.S.
Immigration and Customs Enforcement (ICE) system of records titled,
``Department of Homeland Security/U.S. Immigration and Customs
Enforcement-017 Angel Watch Program System of Records.'' This system of
records covers records collected as part of ICE's Angel Watch Program
(also referred to as Operation Angel Watch) conducted by the Child
Exploitation Investigations Unit of the ICE Homeland Security
Investigations Cyber Crimes Center. ICE's Angel Watch Program is
conducted as part of the Angel Watch Center (AWC), a joint initiative
among ICE, DHS's U.S. Customs and Border Protection (CBP), and the U.S.
Department of Justice's U.S. Marshals Service, as prescribed by
International Megan's Law (IML) to Prevent Child Exploitation and Other
Sexual Crimes through Advanced Notification of Traveling Sex Offenders
(Pub. L. 114-119).
The AWC's mission is to prevent child sex tourism by alerting
destination countries that covered sex offenders--individuals who have
been convicted of sexual offenses against minors and are required to
register as sex offenders with any jurisdiction in the United States--
have scheduled upcoming travel to those countries. In accordance with
IML, the AWC sends information to the U.S. Department of State (DoS) to
facilitate that agency's placement of unique identifiers on the
passports of covered sex offenders.
This system of records describes how DHS/ICE, in accordance with
IML, collects and maintains records about covered sex offenders and
shares certain information with DoS; the U.S. Department of Justice;
other federal, state, and local agencies; and foreign countries. This
newly established system of records will be included in the Department
of Homeland Security's inventory of record systems.
DATES: Submit comments on or before March 4, 2019. This new system will
be effective upon publication. Routine uses will be effective March 4,
2019.
[[Page 1183]]
ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0069 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: Philip S. Kaplan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
Instructions: All submissions received must include the agency name
and docket number DHS-2018-0069. 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, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Amber Smith, (202) 732-3300, Privacy Officer, Office of Information
Governance and Privacy, Immigration and Customs Enforcement, 500 12th
Street SW, Mail Stop 5004, Washington, DC 20536. For privacy questions,
please contact: Philip S. Kaplan, privacy@hq.dhs.gov, (202) 343-1717,
Chief Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528-0655.
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-017 Angel Watch Program System of Records.'' This
system of records covers only Angel Watch Program activities (also
referred to as Operation Angel Watch) conducted by the Child
Exploitation Investigations Unit of the ICE Homeland Security
Investigations (HSI) Cyber Crimes Center, which developed the Angel
Watch Center (AWC), a joint initiative among ICE, DHS's U.S. Customs
and Border Protection (CBP), and the U.S. Department of Justice's U.S.
Marshals Service, as prescribed by International Megan's Law (IML) to
Prevent Child Exploitation and Other Sexual Crimes Through Advanced
Notification of Traveling Sex Offenders (Pub. L. 114-119).
ICE previously relied on the DHS/ICE-009 External Investigations
System of Records Notice, last published at 75 FR 404 (January 5,
2010), to cover Angel Watch Program records. ICE has determined a
separate system of records notice (SORN) will provide greater
transparency and clearly describe the records the Angel Watch Program
collects and maintains on individuals.
This system of records does not cover records originating from
Justice/FBI-001 National Crime Information Center (NCIC) System of
Records; \1\ DHS/CBP-006 Automated Targeting System; \2\ and the U.S.
Department of State Consular Lookout and Support System.\3\ At all
times, the Angel Watch Program references these records directly from
the underlying systems in a manner consistent with law enforcement
purposes stated in the source systems' compliance documentation.
---------------------------------------------------------------------------
\1\ JUSTICE/FBI 001--National Crime Information Center, 64 FR
52343 (September 28, 1999), and as amended, available at: https://www.justice.gov/opcl/doj-systems-records.
\2\ DHS/CBP 006--Automated Targeting System, 77 FR 30297 (May
22, 2012).
\3\ STATE 05--Overseas Citizen Services Records, September 8,
2016, 81 FR 62235 (September 8, 2016); STATE 26--Passport Records,
March 24, 2015, 80 FR 15653 (March 24, 2015); and STATE 39--Visa
Records, October 25, 2012, 8377 FR 28062 (June 15, 2018). U.S.
Department of State SORNs are available at: https://www.state.gov/privacy/sorns/index.htm.
---------------------------------------------------------------------------
This system of records also does not cover CBP or U.S. Marshals
Service records created or maintained as part of their work in the AWC.
Additionally, in some cases, records originating with Angel Watch
Program activities may give rise to or be used in investigations by
ICE. Those records continue to be covered by the DHS/ICE-009 External
Investigations SORN.
The Angel Watch Program, created in 2007 by ICE's HSI, and managed
by the Child Exploitation Investigations Unit of HSI's Cyber Crimes
Center, identifies individuals who have been convicted of sexual crimes
against a minor and who may be traveling overseas for the purpose of
sexually abusing or exploiting minors, a crime known as ``child sex
tourism,'' and notifies the relevant destination countries, as
appropriate.
Additionally, the AWC is required to provide the U.S. Department of
State (DoS) with information about covered sex offenders--individuals
who have been convicted of sexual offenses against minors and are
required to register as sex offenders with any jurisdiction in the
United States--who are traveling or intend on traveling abroad so DoS
may place a unique identifier on their U.S. passports.
Pursuant to IML, the Angel Watch Program runs automated queries
through CBP's Automated Targeting System--Passenger (ATS-P). ATS-P
scans passenger manifests of outgoing international flights and
identifies passengers with a possible match to a record in the National
Sex Offender database owned by the Department of Justice's National
Criminal Information Center (NCIC) for a sexual offense against a minor
(hereinafter, National Sex Offender Registry or NSOR). Once a traveler
is identified as a potential match to an NSOR record, the Angel Watch
Program reviews the traveler's biographical data received from ATS-P to
verify that the traveler is correctly matched to the subject identified
in the NSOR record, and also reviews the corresponding NCIC criminal
history data to confirm that the traveler has been convicted of a
covered sex offense as defined within IML. In accordance with
information sharing agreements, once the Angel Watch Program has
confirmed individuals with scheduled travel are covered sex offenders,
it shares information about those individuals with the U.S. Marshals
Service, which is co-located at the AWC, to ensure the covered sex
offenders have provided notification to states or locales about their
upcoming travel, as applicable. As part of the Angel Watch Program, ICE
does not use or retain any information about individuals who are
determined not to be covered sex offenders.
Through the Angel Watch Program ICE evaluates multiple factors
including the details of each covered sex offender's travel itinerary
to determine if notification to the destination country is appropriate.
If ICE determines that notification is appropriate, it sends an
operational record (i.e., biographic information from source systems
pertaining to a covered sex offender) to HSI Attach[eacute] offices,
which are located at certain United States embassies. The
Attach[eacute]s then send a notification record (i.e., a derivative of
an operational record containing only the information needed to provide
situational awareness) to law enforcement and/or border security
officials in the destination country or countries of the covered sex
offender's pending arrival. By notifying officials in the destination
countries prior to the covered sex offender's arrival, and by providing
basic flight information and conviction information located in the
NSOR, HSI enables the destination countries to make informed decisions
about whether they believe the covered sex offender may pose a risk of
engaging in child sex tourism. HSI advises foreign countries that this
information is for informational purposes only. If ICE's Angel Watch
Program determines that notification is
[[Page 1184]]
inappropriate, it will not proceed and will delete the information.
Prior to traveling abroad, ICE strongly encourages travelers who
believe they might be a covered sex offender to contact the destination
country to ensure they will be permitted entry upon arrival.
In accordance with 34 U.S.C. 21503(e)(7), ICE's Angel Watch Program
has established a mechanism to receive complaints from individuals
alleged to be affected by erroneous notifications to destination
countries. The Angel Watch Program will ensure that any complaint is
promptly reviewed, and in the case of a complaint that involves a
notification sent by another Federal Government agency, the Angel Watch
Program will provide the individual with the contact information, for
the appropriate entity and forward the complaint to that entity, as
required by IML. If the Angel Watch Program determines it provided
inaccurate information, it will take corrective action to remedy the
error, including notifying any foreign government who received the
inaccurate information, as well as other Federal Government agencies
with which it has previously shared the incorrect information, so they
can update their records, as needed. The Angel Watch Program will
provide a complainant with a written response in the event incorrect
information was shared, along with an explanation, to the extent
permitted by law and policy, as to why the incorrect information was
shared, and actions the program has taken to remedy the error. The
Angel Watch Program will publicly post instructions on how to submit a
complaint on the ICE public-facing website. The program agrees to
receive any complaint about an individual having been identified by the
Angel Watch Program as a covered sex offender via email at the
following address: DHSINTERMEGANSLAW@ICE.DHS.GOV.
This new system of records will be included in DHS's 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. Additionally, the Judicial Redress Act (JRA)
provides covered persons with a statutory right to make requests for
access and amendment to covered records, as defined by the JRA, along
with judicial review for denials of such requests. In addition, the JRA
prohibits disclosures of covered records, except as otherwise permitted
by the Privacy Act.
Below is the description of the DHS/ICE-017 Angel Watch Program
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 NAME AND NUMBER:
Department of Homeland Security (DHS)/U.S. Immigration and Customs
Enforcement (ICE)-017 Angel Watch Program System of Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the ICE Headquarters in Washington, DC
and Homeland Security Investigations (HSI) Attach[eacute] offices
abroad.
SYSTEM MANAGER(S):
Homeland Security Investigations, Cyber Crimes Center Child
Exploitation Investigations Unit, (866) 347-2423, U.S. Immigration and
Customs Enforcement, 500 12th Street SW, Washington, DC 20536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
6 U.S.C. 202-203; 18 U.S.C. 1591, 1596, 2251, 2260, 2423; 19 U.S.C.
1628, 34 U.S.C. 21503.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to collect information on covered sex
offenders to: (1) Combat transnational child sex tourism or
exploitation; (2) Share information on covered sex offenders with
foreign countries to aid them in making informed decisions regarding
the admissibility of travelers in their own countries; (3) Support the
receipt of and response to any complaints by alleged covered sex
offenders or others related to the activities of the Angel Watch
Program; (4) Identify potential criminal activity; uphold and enforce
criminal laws; and ensure public safety.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system are: (1)
Individuals, including United States citizens, who have an NSOR record
for a sexual offense against a minor and who have scheduled
international travel, and (2) individuals, as well as any
representative acting on their behalf, filing complaints with the Angel
Watch Program concerning alleged inaccurate information.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include:
1. Notification records consist of information transmitted to DHS's
foreign counterparts for situational awareness. This information may
include name, date of birth, Alien Registration Number (A-Number),
Social Security number, passport number, and country of birth.
2. Complaints filed by individuals or their representatives
concerning the sharing of their travel information under this program.
This includes any information submitted by the complainant; information
compiled by the agency in researching the complaint; records of an
individual's criminal history and/or status on the sex offender
registry; memoranda or other communications within the agency or with
other agencies related to the complaint; research conducted in DHS and
other government data systems; and the agency's response to the
complaint.
RECORD SOURCE CATEGORIES:
Angel Watch Program notification records validate biographic
information against the Advance Targeting System--Passenger (ATS-P),
owned by U.S. Customs and Border Protection; \4\ the National Sex
Offender Registry within the National Crime Information Center,
maintained by the Federal Bureau of Investigation; \5\ domestic courts
and law enforcement agencies; the U.S. Department of Justice's National
Sex Offender Public website (NSOPW), and state, territories, and tribal
sex offender registries, available through NSOPW, including the
entities responsible for their maintenance; \6\ and the U.S.
[[Page 1185]]
Department of State from its Consular Lookout and Support System.\7\
Information is also obtained directly from the individuals covered by
this system of records or their representatives in the event a
complaint is filed.
---------------------------------------------------------------------------
\4\ DHS/CBP 006--Automated Targeting System, 77 FR 30297 (May
22, 2012).
\5\ JUSTICE/FBI 001--National Crime Information Center, 64 FR
52343 (September 28, 1999), and as amended, available at: https://www.justice.gov/opcl/doj-systems-records.
\6\ NSOPW is a public resource that searches the public sex
offender registries from all 50 states, the District of Columbia,
the five principal U.S. territories, and federally recognized Indian
tribes. Conversely, the FBI's National Sex Offender Registry is a
database available only to law enforcement that is maintained by the
FBI's Criminal Justice Information Services Division.
\7\ STATE 05--Overseas Citizen Services Records, September 8,
2016, 81 FR 62235 (September 8, 2016); STATE 26-Passport Records,
March 24, 2015, 80 FR 15653 (March 24, 2015); and STATE 39--Visa
Records, October 25, 2012, 8377 FR 28062 (June 15, 2018). Department
of State SORNs are available at: https://www.state.gov/privacy/sorns/index.htm.
---------------------------------------------------------------------------
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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 U.S. Department of Justice (DOJ), including Offices of
the U.S. Attorneys, or other federal agencies conducting litigation or
in proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The 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 there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the Federal
Government, or national security; 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
breach or to prevent, minimize, or remedy such harm.
F. To another Federal agency or Federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
G. To an appropriate Federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To 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.
I. To a foreign government to provide notice of the intended travel
of a covered sex offender from the United States to the foreign
country, and to assist that government in making an informed decision
as to whether the offender may pose a risk of engaging in child sex
tourism while in that country.
J. 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.
K. To the U.S. Marshals Service to coordinate, cooperate, and de-
conflict activities related to the foreign travel of covered sex
offenders.
L. To the U.S. Department of State: (1) To provide notice of U.S.
citizens identified as covered sex offenders who are traveling, or
intend on traveling, abroad so Department of State may place a unique
identifier on their passports; (2) to provide notice of those
individuals no longer deemed a covered sex offender; or (3) to resolve
complaints, inaccuracies, or errors.
M. To other Federal Government agencies for the purpose of
referring complaints received from individuals that are appropriately
handled by those other agencies.
N. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/ICE stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name and/or name and date of birth. In
the case of complaints, records may be retrieved by name or complaint
number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
ICE is in the process of drafting a proposed record retention
schedule to be submitted to NARA for approval for the information
maintained by the Angel Watch Program. The proposed retention policy
for notification records is seven (7) years from the year in which the
travel was scheduled to occur, and
[[Page 1186]]
for complaint records, seven years after the complaint was closed.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/ICE safeguards records in this system according to all
applicable rules and policies, including all applicable DHS automated
systems security and access policies. ICE has strict controls 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.
RECORD ACCESS PROCEDURES:
Individuals seeking access to and notification of any record
contained in this system of records may submit a request in writing to
the Chief Privacy Officer and ICE Freedom of Information Act (FOIA)
Officer, whose contact information can be found at https://www.dhs.gov/foia under ``Contact Information.'' 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, Washington, DC 20528-0655. Even if neither the Privacy Act
nor the Judicial Redress Act provides a right of access, certain
records about you may be available under the Freedom of Information
Act.
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his/her
identity, meaning that the individual must provide his/her full name,
current address, and date and place of birth. The individual must sign
the request, and the individual's 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, an individual 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,
the individual should:
Explain why you believe the Department would have
information on him/her;
Identify which component(s) of the Department the
individual believes may have the information about him/her;
Specify when the individual believes 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 an individual's request is seeking records pertaining
to another living individual, the first individual must include a
statement from the second individual certifying his/her agreement for
the first individual to access his/her records.
Without this bulleted 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.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records, see
``access procedures'' above. Individuals who wish to contest the
accuracy of records in this system of records should submit these
requests to the Privacy Division of the ICE Information Governance &
Privacy Office. Requests must comply with verification of identity
requirements set forth in Department of Homeland Security Privacy Act
regulations at 6 CFR 5.21(d). Please specify the nature of the
complaint and provide any supporting documentation. By mail (please
note substantial delivery delays exist): ICE Information Governance &
Privacy Office, ATTN: Privacy Division, 500 12th Street SW, Mail Stop
5004, Washington, DC 20536. By email: ICEPrivacy@ice.dhs.gov.
Please contact the Privacy Division with any questions about
submitting a request at 202-732-3300 or ICEPrivacy@ice.dhs.gov.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures''.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2019-00770 Filed 1-31-19; 8:45 am]
BILLING CODE 9111-28-P