Privacy Act of 1974; System of Records, 80800-80806 [2020-27315]
Download as PDF
jbell on DSKJLSW7X2PROD with NOTICES
80800
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices
Email: Address the email to FEMATMAC@fema.dhs.gov. Include the
docket number in the subject line of the
message. Include name and contact
information in the body of the email.
Instructions: All submissions received
must include the words ‘‘Federal
Emergency Management Agency’’ and
the docket number for this action.
Comments received will be posted
without alteration at https://
www.regulations.gov, including any
personal information provided.
Docket: For docket access to read
background documents or comments
received by the TMAC, go to https://
www.regulations.gov and search for the
Docket ID FEMA–2014–0022.
A public comment period will be held
on Tuesday, January 19, 2021, from 12
p.m. to 12:30 p.m. ET and Wednesday,
January 20, 2021, from 12 p.m. to 12:30
p.m. ET. The public comment period
will not exceed 30 minutes. Please note
that the public comment period may
end before the time indicated, following
the last call for comments. Contact the
individual listed below to register as a
speaker by close of business on Friday,
January 15, 2021.
FOR FURTHER INFORMATION CONTACT:
Michael Nakagaki, Designated Federal
Officer for the TMAC, FEMA, 400 C
Street SW, Washington, DC 20024, (202)
212–2148, michael.nakagaki@
fema.dhs.gov. The TMAC website is:
https://www.fema.gov/flood-maps/
guidance-partners/technical-mappingadvisory-council
SUPPLEMENTARY INFORMATION: Notice of
this meeting is given under the Federal
Advisory Committee Act, 5 U.S.C. App.
(Pub. L. 92–463).
In accordance with the Biggert-Waters
Flood Insurance Reform Act of 2012, the
TMAC makes recommendations to the
FEMA Administrator on: (1) How to
improve, in a cost-effective manner, the
(a) accuracy, general quality, ease of use,
and distribution and dissemination of
flood insurance rate maps and risk data;
and (b) performance metrics and
milestones required to effectively and
efficiently map flood risk areas in the
United States; (2) mapping standards
and guidelines for (a) flood insurance
rate maps, and (b) data accuracy, data
quality, data currency, and data
eligibility; (3) how to maintain, on an
ongoing basis, flood insurance rate maps
and flood risk identification; (4)
procedures for delegating mapping
activities to State and local mapping
partners; and (5) (a) methods for
improving interagency and
intergovernmental coordination on
flood mapping and flood risk
determination, and (b) a funding
VerDate Sep<11>2014
02:51 Dec 12, 2020
Jkt 253001
strategy to leverage and coordinate
budgets and expenditures across Federal
agencies. Furthermore, the TMAC is
required to submit an annual report to
the FEMA Administrator that contains:
(1) A description of the activities of the
Council; (2) an evaluation of the status
and performance of flood insurance rate
maps and mapping activities to revise
and update Flood Insurance Rate Maps;
and (3) a summary of recommendations
made by the Council to the FEMA
Administrator.
Agenda: The purpose of this meeting
is for the TMAC members to hold a vote
to submit the final report to the FEMA
Administrator. Any related materials
will be posted to the FEMA TMAC site
prior to the meeting to provide the
public an opportunity to review the
materials. The full agenda and related
meeting materials will be posted for
review by Friday, January 15, 2021, at
https://www.fema.gov/flood-maps/
guidance-partners/technical-mappingadvisory-council.
Michael M. Grimm,
Assistant Administrator for Risk
Management, Federal Emergency
Management Agency.
[FR Doc. 2020–27374 Filed 12–11–20; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Notice of the Renewal of the Critical
Infrastructure Partnership Advisory
Council Charter
Cybersecurity and
Infrastructure Security Agency (CISA),
DHS.
ACTION: Notice of availability; renewal of
the Critical Infrastructure Partnership
Advisory Council Charter.
AGENCY:
On November 30, 2020, the
Department renewed the Critical
Infrastructure Partnership Advisory
Council (CIPAC)Charter. Through this
notice, the Department is making the
renewed CIPAC Charter publicly
available and highlighting updated
information and guidelines that have
been included in the renewed charter.
FOR FURTHER INFORMATION CONTACT:
Ginger K. Norris, 202–441–5885,
ginger.norris@cisa.dhs.gov.
SUPPLEMENTARY INFORMATION: DHS
established the CIPAC on March 24,
2006.1 (71 FR 14930). The CIPAC
SUMMARY:
1 The CIPAC was established consistent with 6
U.S.C. 121 and 6 U.S.C. 451(a). Pursuant to the
Cybersecurity and Infrastructure Security Agency
Act of 2018, the National Protection and Programs
Directorate (NPPD) was re-designated as CISA and
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
facilitates interactions between
government officials and representatives
of owners and/or operators for each of
the critical infrastructure sectors
established by Presidential Policy
Directive 21 and identified in the
current National Infrastructure
Protection Plan. Please visit https://
www.cisa.gov/critical-infrastructurepartnership-advisory-council for more
information on CIPAC, activities
supported by CIPAC, CIPAC
Membership Roster, and Council
information.
On November 30, 2020, the Secretary
of Homeland Security, renewed the
CIPAC Charter for an additional two
years. The renewed CIPAC Charter
supersedes the CIPAC Charter dated
November 30, 2018 and is available on
the CIPAC website at https://
www.cisa.gov/critical-infrastructurepartnership-advisory-council. The
renewed CIPAC Charter includes
updated information and guidelines
concerning: (1) The formation,
governance, and responsibilities of
councils, working groups, and cross
sector activities,(2) ethics and integrity
standards applicable to CIPAC
participants,(3) information sharing
requirements; and (4) provisions
authorizing training on new ethics
standards and information sharing
requirements.
Ginger K. Norris,
Designated Federal Official, Critical
Infrastructure Partnership Advisory Council,
Cybersecurity and Infrastructure Security
Agency, Department of Homeland Security.
[FR Doc. 2020–27365 Filed 12–11–20; 8:45 am]
BILLING CODE 9110–9P–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2020–0015]
Privacy Act of 1974; System of
Records
Privacy Office, U.S.
Department of Homeland Security.
ACTION: Notice of a New System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the U.S.
Department of Homeland Security
(DHS) proposes to establish a new DHS
system of records titled, ‘‘U.S.
Department of Homeland Security/ALL–
046 Counterintelligence Program
System of Records.’’ This system of
records allows DHS to collect and
maintain records as part of the unified
SUMMARY:
the authorities related to the CIPAC under 6 U.S.C.
121 were transferred to 6 U.S.C. 652.
E:\FR\FM\14DEN1.SGM
14DEN1
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
Counterintelligence Program across the
Department. ‘‘Counterintelligence’’ is
defined as information gathered and
activities conducted to identify, deceive,
exploit, disrupt, or protect against
espionage, other intelligence activities,
sabotage, or assassinations conducted
for or on behalf of Foreign Intelligence
Entities. DHS will use the system to
facilitate counterintelligence functions
including analysis, production,
collections, investigative activities,
operations, and functional support.
DATES: Submit comments on or before
January 13, 2021. This new system will
be effective upon publication. New
routine uses will be effective January 13,
2021.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2020–0015 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: Constantina Kozanas, Chief
Privacy Officer, Privacy Office, U.S.
Department of Homeland Security,
Washington, DC 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number DHS–2020–0015. 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: Robert
Hale, (202) 447–3984, CI.Question@
hq.dhs.gov, Assistant Director,
Enterprise Program Management,
Counterintelligence Mission Center,
Office of Intelligence and Analysis, 3801
Nebraska Avenue, Washington, DC
20528–0655. For privacy questions,
please contact: Constantina Kozanas,
(202) 343–1717, Privacy@hq.dhs.gov,
Chief Privacy Officer, Privacy Office,
U.S. 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, U.S. Department of
Homeland Security (DHS) proposes to
issue a new DHS system of records
titled, ‘‘DHS/ALL–046
Counterintelligence Program System of
Records.’’
DHS developed the
Counterintelligence (CI) Program to
identify, deceive, exploit, disrupt, or
VerDate Sep<11>2014
02:51 Dec 12, 2020
Jkt 253001
protect against espionage, other
intelligence activities, sabotage, or
assassinations conducted for or on
behalf of Foreign Intelligence Entities
(FIE). FIEs are known or suspected
foreign state or non-state organizations
or persons that conduct intelligence
activities to acquire information about
the United States, block or impair
intelligence collection by the United
States Government, influence United
States policy, or disrupt systems and
programs owned or operated by or
within the United States, all of which
may impact or influence DHS
operations and missions. The term
includes foreign intelligence and
security services, international
terrorists, transnational criminal
organizations, and drug trafficking
organizations conducting intelligencerelated activities.
DHS is creating this new CI program
system of records to account for the
expansion of the Department’s CI
program beyond the Office of
Intelligence and Analysis (I&A) and the
United States Coast Guard (USCG) to
include Cybersecurity and Infrastructure
Security Agency (CISA), Countering
Weapons of Mass Destruction Office
(CWMD), Federal Emergency
Management Agency (FEMA), Federal
Protective Service (FPS), Transportation
Security Administration (TSA), U.S.
Customs and Border Protection (CBP),
U.S. Citizenship and Immigration
Services (USCIS), U.S. Immigration and
Customs Enforcement (ICE), and U.S.
Secret Service (USSS).
Some DHS counterintelligence
records previously covered under the
DHS/IA–001 Enterprise Records System
(ERS) system of records notice (SORN)
will now be part of the Department’s CI
Program SORN. This notice does not
rescind, revoke, or supersede the ERS
SORN insofar as program offices in I&A
will continue to maintain records
separate from the CI program within
that system of records.
The DHS CI Program derives its
authorities from those provided to the
Secretary of Homeland Security and to
the Under Secretary for Intelligence and
Analysis (USIA). The additional
counterintelligence authorities provided
to the USCG are not further shared with
the rest of the DHS CI Program and are
not restricted based on the limitations
applied to I&A. Other DHS Components
and offices in the DHS CI Program also
retain their individual authorities and
capabilities provided to those
Components through statute, executive
order, or DHS Delegation (e.g. TSA
retains its authorities regarding
transportation security and these
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
80801
authorities are not impacted by TSA’s
inclusion in the DHS CI Program).
The DHS CI Program derives its
authorities primarily from Executive
Order 12333, United States Intelligence
Activities, which authorizes all
members of the Intelligence Community
to collect information concerning, and
conduct activities to protect against,
amongst other things, intelligence
activities directed against the United
States. All members of the Intelligence
Community are further tasked with
protecting the security of intelligence
related activities, information,
installations, property, and employees
by appropriate means, including such
investigations of applicants, employees,
contractors, and other persons with
similar associations with the
Intelligence Community elements as are
necessary. Pursuant to Executive Order
12333, DHS’s I&A is specifically
authorized to collect (overtly or through
publicly available sources) analyze,
produce, and disseminate foreign
intelligence and counterintelligence,
including defense and defense-related
information and intelligence to support
national and departmental missions. In
addition, Executive Order 12333
authorizes the Commandant of the Coast
Guard to conduct counterintelligence
activities, including through clandestine
means. USCG intelligence authorities
are functionally derived from Executive
Order 13286, Amendment of Executive
Orders, and Other Actions, in
Connection with the Transfer of Certain
Functions to the Secretary of Homeland
Security.
The key distinction between the
authorities for I&A and the USCG,
specifically as it relates to collection of
counterintelligence information, rests in
the authority for USCG to collect
counterintelligence using clandestine
means, while I&A is only permitted to
collect from overt or publicly available
sources. The USCG is the only DHS
component with the authority to
conduct clandestine counterintelligence
activities.
In addition to Executive Order 12333,
the Homeland Security Act of 2002,
codified at 6 U.S.C. 121–126, authorizes
the USIA’s role as the DHS
Counterintelligence Executive.
Furthermore, 6 U.S.C. 124d authorizes
the DHS Intelligence Components
(defined in 6 U.S.C. 101(11) as any
element or entity (i.e., DHS Component)
that collects, gathers, processes,
analyzes, produces, or disseminates
intelligence information within the
scope of the Information Sharing
Environment or National Intelligence) to
support and implement the intelligence
mission of the Department, as led by the
E:\FR\FM\14DEN1.SGM
14DEN1
jbell on DSKJLSW7X2PROD with NOTICES
80802
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices
USIA. The DHS CI Program is part of the
overall DHS intelligence mission.
Counterintelligence collections within
the DHS CI Program (I&A, USCG, and all
other Component CI programs) are
undertaken as part of an integrated
national and departmental effort. The
DHS CI Program follows the Intelligence
Community model for conducting
counterintelligence, as described in
Intelligence Community Directive 750—
Counterintelligence Program and other
National Counterintelligence Security
Center guidance. The DHS CI Program
performs a variety of functions to fulfill
its mission, including investigations,
information collections, operations,
analysis and production, and supporting
functional services.
The DHS CI Program collects
personally identifiable information (PII)
directly from DHS employees and
contractors via in-person interviews,
from individuals outside of DHS who
may have information relevant to a CI
matter, government-controlled and
public data aggregators, forensic
examination of documents and
electronic media, and anonymous tips
and leads provided via email,
telephone, and written notes or letters.
As relates to CI investigations and
operations, PII may be used to identify
individuals who are involved in,
witness to, or knowledgeable of CIrelated activities that are the subject of
a CI investigation or operation by the
DHS CI Program or other federal law
enforcement or intelligence agencies
where there is a DHS equity. CI
analytical products generally contain
very limited amounts of PII, with
sources and individuals referenced in a
finished intelligence product
anonymized to the greatest extent
possible. Furthermore, the DHS CI
Program provides DHS employees with
CI awareness training, during which PII
is collected directly from DHS
employees in order to maintain a record
of when CI awareness training was last
received.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/ALL–046 Counterintelligence
Program 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, DHS may share information
with appropriate federal, state, local,
tribal, territorial, foreign, or
international government agencies
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
VerDate Sep<11>2014
02:51 Dec 12, 2020
Jkt 253001
system of records from certain
provisions of the Privacy Act elsewhere
in the Federal Register. This newly
established system 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/
ALL–046 Counterintelligence 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:
U.S. Department of Homeland
Security (DHS) DHS/ALL–046
Counterintelligence Program System of
Records.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Records are maintained at several
DHS Headquarters and Component
locations in Washington, DC and field
offices.
SYSTEM MANAGER(S):
Robert Hale, Assistant Director,
Enterprise Program Management, (202)
447–3984, CI.Question@hq.dhs.gov,
Counterintelligence Mission Center,
Office of Intelligence and Analysis, U.S.
Department of Homeland Security,
Washington, DC 20528.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title II and Title VIII, section 892 of
the Homeland Security Act of 2002,
Public Law 107–296, 116 Stat. 2135
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
(Nov. 25, 2002), as amended (6 U.S.C.
121, et seq.); Executive Order 12333,
United States Intelligence Activities, 46
FR 59941 (December 4, 1981), reprinted
as amended in 73 FR 45325 (July 30,
2008); Executive Order 13526, Classified
National Security Information, 75 FR
707 (January 5, 2010); Executive Order
13556, Controlled Unclassified
Information, 75 FR 68675 (November 9,
2010); and Executive Order 13388,
Further Strengthening the Sharing of
Terrorism Information to Protect
Americans, 70 FR 62023 (October 27,
2005).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
collect, store and maintain records
related to, and in furtherance of, the
counterintelligence collections and
activities of the DHS CI Program. DHS
will use this system to conduct
administrative inquiries to identify,
analyze, and neutralize foreign
intelligence threats to DHS personnel,
facilities, equipment, networks,
information and activities; report on
foreign contacts and travel, including
briefings and debriefings; conduct
counterintelligence investigative
activities and produce intelligence on
foreign intelligence entities; provide
counterintelligence awareness training;
and other activities relating to the DHS
CI Program’s responsibilities.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
• Current and former DHS employees,
contractors, consultants, detailees,
interns, applicants for employment, and
other individuals provided authorized
access to DHS facilities, systems, or
sensitive or classified information;
• Individuals who are known,
reasonably believed to be, or are
suspected of being, involved in or
linked to:
• Intelligence activities, or other
individuals known or suspected of
engaging in intelligence activities, on
behalf of FIEs;
• officers or employees of, or
otherwise acting for or on behalf of, a
foreign government or element thereof,
foreign organizations, or foreign
persons;
• officers, employees, or members of
an organization reasonably believed to
be owned or controlled directly or
indirectly by a foreign power; or
• clandestine intelligence activities,
sabotage, assassinations, or international
terrorist activities.
• Individuals reasonably believed to
be targets, hostages, or victims of
international terrorist organizations,
transnational criminal organizations, or
drug trafficking organizations;
E:\FR\FM\14DEN1.SGM
14DEN1
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices
• Individuals who are closely
associated with the above categories
(e.g., immediate family members,
members of a household, business
partners); and
• Individuals who voluntarily request
assistance or information, through any
means, from the DHS CI Program, or
individuals who voluntarily provide
information concerning any of the
activities above, which may threaten or
otherwise affect homeland security.
jbell on DSKJLSW7X2PROD with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
The system may collect the following
types of information if related to CI:
• Classified and unclassified
intelligence (national intelligence,
foreign intelligence, and
counterintelligence), counterterrorism,
homeland security, and related law
enforcement information, including
source records and the reporting and
results of any analysis of this
information, obtained from all agencies,
components and organizations of the
Federal government, including the IC;
foreign governments, organizations or
entities, and international organizations;
State, local, tribal and territorial
government agencies (including law
enforcement agencies); and private
sector entities;
• Information provided by record
subjects and individual members of the
public;
• Information obtained from the
Terrorist Screening Center, the National
Counterterrorism Center, or from other
organizations about individuals known
or reasonably suspected of being
engaged in conduct constituting,
preparing for, aiding, or relating to
terrorism;
• Information obtained from the
National Counterintelligence Security
Center, the Federal Bureau of
Investigation, or from other
organizations about individuals known
or reasonably suspected of being
engaged in conduct associated with
espionage, other intelligence activities,
sabotage, or assassinations;
• Active and historical law
enforcement investigative information;
• Information related to lawful DHS
security investigations, including
authorized physical, personnel, and
communications security investigations,
and information systems security
analysis and reporting;
• Operational and administrative
records, including correspondence
records;
• Financial information, when
relevant to an authorized intelligence,
counterterrorism, homeland security, or
related law enforcement activity;
VerDate Sep<11>2014
02:51 Dec 12, 2020
Jkt 253001
• Public source data such as that
contained in media, including
periodicals, newspapers, broadcast
transcripts, and other public reports and
commercial databases;
• Publicly available social media
handles and aliases, associated
identifiable information, and search
results; and
• Metadata, which may include but is
not limited to transaction date, time,
location, and frequency.
Examples of information related to the
‘‘Categories of Individuals’’ listed above
may include:
• Individual’s name and alias(es);
• Date and place of birth;
• Gender;
• Country of citizenship;
• Country of nationality;
• Country of residence;
• A-Number(s);
• Email address;
• SSN;
• Vehicular information;
• Government issued identification
information (i.e., passport, driver’s
license),
Æ Document type;
Æ Issuing organization;
Æ Driver’s license;
Æ Document number; and
Æ Expiration date.
• Physical characteristics (height,
weight, race, eye and hair color,
ethnicity, identifying marks like tattoos
or birthmarks);
• Biometric information (e.g.,
fingerprints, photographs) and other
information used to conduct
background and security checks;
• Physical and mailing addresses (to
include U.S. and foreign);
• Phone and fax numbers (including
mobile phone numbers);
• Records regarding organization
membership(s) or affiliation(s);
• Employment history;
• Results from intelligence analysis
related to counterintelligence;
• Background investigative reports
and supporting documentation,
including criminal background,
medical, and financial data;
• Family relationships (e.g., parent,
spouse, sibling, child, other
dependents);
• Criminal history;
• Flight information;
• Border crossing information;
• Reports on foreign contacts;
• Records and information from
government data systems or retrieved
from commercial data providers in the
course of intelligence research, analysis,
and reporting;
• Immigration and visa information;
and
• Investigative files containing
allegations and complaints; witness
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
80803
statements; transcripts of electronic
monitoring; subpoenas and legal
opinions and advice; reports of
investigation; reports of criminal, civil,
and administrative actions taken as a
result of the investigation; and other
relevant evidence; handwriting
exemplars, laboratory analyses of inks
and papers; handwriting analyses;
information, reports or opinions from
the forensic examination of
documentary and digital media
evidence; polygraph case files; search
warrants and search warrant returns;
indictments; certified inventories of
property held as evidence; sworn and
unsworn witness statements; state,
local, and foreign criminal investigative
information and reports; names and
telephone numbers of individuals
intercepted by electronic, mechanical,
or other device under the provisions of
18 U.S.C. 2510 et seq compiled during
the lawful course of a criminal or civil
investigation.
Records will also include those
relating to:
• Management and coordination of
DHS counterintelligence systems and
activities;
• analytical, operational, biographic,
policy, management, training,
administrative matters and operational
support related to DHS
counterintelligence, force protection,
critical infrastructure protection,
research and technology protection,
threat analysis, counter-narcotics and
risk assessments; and
• architecture and operation of DHS
counterintelligence information
systems.
• reports of investigation, collection,
statements of individuals, affidavits,
correspondence, and other
documentation pertaining to
investigative or analytical efforts by
DHS and other U.S. government
agencies to identify or counter foreign
intelligence and international terrorist
threats to DHS and to the United States.
• records maintained in ad hoc or
temporary databases established to
support certain investigations, task
forces or analytical projects.
RECORD SOURCE CATEGORIES:
Federal, state, local, territorial, tribal,
or other domestic agencies, foreign
agencies, multinational or nongovernmental organizations, critical
infrastructure owners and operators,
private sector entities and organizations,
individuals, commercial data providers,
and public sources such as social media,
news media outlets, and the internet.
E:\FR\FM\14DEN1.SGM
14DEN1
80804
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
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 Department of Justice (DOJ),
including the U.S. Attorneys Offices, or
other federal agencies 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,
only when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office with
information 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. secs. 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
VerDate Sep<11>2014
02:51 Dec 12, 2020
Jkt 253001
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 representatives of the
Department of Justice and other U.S.
Government entities, to the extent
necessary to obtain their advice on any
matter that is within their official
responsibilities, authorities, and
missions, in order to provide support to
DHS’s CI Program and the purposes of
this system.
J. To any Federal, state, local, tribal,
territorial, foreign, or multinational
government or agency, or appropriate
private sector individuals and
organizations, with responsibilities
relating to homeland security, including
responsibilities to counter, deter,
prevent, prepare for, respond to, or
recover from a natural or manmade
threat, including an act of terrorism, or
to assist in or facilitate the coordination
of homeland security threat awareness,
assessment, analysis, deterrence,
prevention, preemption, and response.
K. To a Federal, state, local, tribal, or
territorial government or agency
lawfully engaged in the collection of
intelligence (including national
intelligence, foreign intelligence, and
counterintelligence), counterterrorism,
homeland security, law enforcement or
law enforcement intelligence, and other
information, when disclosure is
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
undertaken for intelligence,
counterterrorism, homeland security, or
related law enforcement purposes, as
authorized by U.S. Law or Executive
Order, and in accordance with
applicable disclosure policies.
L. To any other agency within the
Intelligence Community, as defined in
Executive Order 12333, as amended, for
the purpose of allowing that agency to
determine whether the information is
relevant and necessary to its missionrelated responsibilities and in
accordance with that agency’s classified
or unclassified implementing
procedures promulgated pursuant to
such orders and directives, or any other
statute, Executive Order or directive of
general applicability.
M. To a Federal, state, local, tribal,
territorial, foreign, or multinational
government or agency, or other entity,
including, as appropriate, certain
private sector individuals and
organizations, when disclosure is in
furtherance of the CI Program and DHS
information sharing responsibilities
under the Homeland Security Act of
2002, as amended, the Intelligence
Reform and Terrorism Prevention Act of
2004, the National Security Act of 1947,
as amended, Executive Order 12333, as
amended, or any successor order,
national security directive, intelligence
community directive, other directive
applicable to DHS, and any classified or
unclassified implementing procedures
promulgated pursuant to such orders
and directives, or any other statute,
Executive Order or directive of general
applicability, and where such disclosure
is otherwise compatible with the
purpose for which the record was
originally acquired or created by DHS.
N. To an appropriate Federal, State,
local, tribal, territorial, foreign, or
international agency, if the information
is relevant and necessary to a requesting
agency’s decision concerning the hiring
or retention of an individual, or
issuance of a security clearance, license,
contract, grant, or other benefit, or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant or other benefit and
when disclosure is appropriate to the
proper performance of the official duties
of the person making the request.
O. To the President’s Foreign
Intelligence Advisory Board, the
Intelligence Oversight Board, any
successor organizations, and any
intelligence oversight entities
established by the President, when
disclosure will assist these entities in
E:\FR\FM\14DEN1.SGM
14DEN1
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices
the performance of their oversight
functions.
P. To foreign persons or foreign
government agencies, international
organizations, and multinational
agencies or entities, under
circumstances or for purposes mandated
or imposed by Federal statute, treaty, or
other international agreement or
arrangement.
Q. To any individual, organization, or
entity, as appropriate, to notify them of
a serious threat to homeland security for
the purpose of guarding them against or
responding to such a threat, or when
there is a reason to believe that the
recipient is or could become the target
of a particular threat, to the extent the
information is relevant to the protection
of life, health, or property.
R. To any Federal government agency
when documents or other information
obtained from that agency are used in
compiling the particular record, the
record is also relevant to the official
responsibilities of that agency, and there
otherwise exists a need for that agency
to know the information in the
performance of its official functions.
S. 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:
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:
jbell on DSKJLSW7X2PROD with NOTICES
Records may be retrieved by an
individual’s name or other identifier,
including unique identifying numbers
assigned by DHS or other government
agencies.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with approved records
retentions schedules. Records on U.S.
Persons, as defined in Executive Order
12333, are retained so long as there is
VerDate Sep<11>2014
02:51 Dec 12, 2020
Jkt 253001
a mission need, in accordance with N1–
563–09–7–1. If DHS determines that
U.S. Person record meets the two-part
test, as described in N1–563–09–7–1,
the records must be reviewed annually
to determine whether there is still a
mission need to retain the information.
The majority of the DHS CI Program has
180 days from the date U.S. Person
information is first collected to
determine whether it meets the two-part
test.
The exception is USCG, where,
pursuant to COMDTINST M3820.12,
‘‘Coast Guard Intelligence Activities’’,
USCG originators of intelligence
products have 90 days from the date of
collection of USPER data to determine
whether the information may be
permanently retained within the USCG
authorized procedures. USCG is
working to update this instruction, and
under the new version, will be
permitted up to 5 years to determine if
the USPER data may be permanently
retained. At the anniversary date (or any
time beforehand) a record is first
certified as U.S. Person information can
be reviewed and certified that there is
still a mission need to retain the
information. The anniversary date will
then be set for an additional year out.
This can go on for as long as the
information is deemed necessary for the
mission. Once certification has been
removed, such records are temporary
and must be destroyed and deleted
immediately upon removal of
certification. Certified and categorized
records reaching the expiration date
without review/renewal one year from
date of categorization are temporary and
must be destroyed and deleted upon
that one-year cutoff. Finally,
uncategorized records that do not meet
the required two-part test are temporary
and must be destroyed and deleted
within 180 days (90 days for USCG)
from the date the information is
collected.
Interception, Monitoring and
Recording of Wire and Oral
Communication Records are retained in
accordance with N1–563–08–5, and are
temporary. Records are cutoff at the end
of the calendar year in which the record
was created, and are destroyed 10 years
after cutoff.
Clip Reports are non-records, and are
destroyed or deleted when no longer
needed for reference.
Finished Intelligence Case Files are
retained in accordance with N1–563–
07–16–4, and are permanent. Records
cutoff date is at the end of the calendar
year in which the case is closed and are
transferred to the National Archives for
permanent retention 20 years after such
cutoff date.
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
80805
Raw Reporting Files are retained in
accordance with N1–563–07–16–3, and
are temporary. Records cutoff date is at
end of calendar year such records are
collected and are destroyed or deleted
30 years after such cutoff date.
Counterintelligence Case Files are
retained in accordance with N1–563–
08–4–1, and are temporary. Records
cutoff date is the end of the fiscal year
of when the case has been closed and
are destroyed 20 years after such cutoff
date.
Non-Referral Files are retained in
accordance with N1–563–08–4–3, and
are temporary. Records are destroyed
when 5 years old from first collected.
Certification File records are retained
in accordance with N1–563–08–11–1,
and are temporary. Records cutoff date
is the end of the calendar year in which
certification was received. Records are
to be destroyed when 10 years old or 10
years after completion of a specific
training program or upon separation or
transfer of employee, whichever is
sooner.
Mission-Related Training records are
retained in accordance with N1–563–
08–11–2, and are temporary. Records
cutoff date is at the end of the calendar
year in which course or material is
superseded and are destroyed or deleted
30 years after cutoff date.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS safeguards records in this system
according to applicable rules and
policies, including all applicable DHS
automated systems security and access
policies. DHS has imposed 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:
As described below, this system of
records is exempt from the notification,
access, and amendment provisions of
the Privacy Act, and the Judicial
Redress Act if applicable. However,
DHS will consider individual requests
to determine whether or not information
may be released. Individuals seeking
access to and notification of any record
contained in this system of records, or
seeking to contest its content, may
submit a request in writing to the FOIA
Officer for the Office of Intelligence and
Analysis, whose contact information
can be found at https://www.dhs.gov/foia
under ‘‘Contacts Information.’’ If an
E:\FR\FM\14DEN1.SGM
14DEN1
80806
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
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,
U.S. 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 Title 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 he or she believes the
Department would have information
being requested;
• Identify which component(s) of the
Department he or she believes may have
the information;
• 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 the request is seeking records
pertaining to another living individual,
the request must include an
authorization from the individual whose
record is being requested, authorizing
the release to the requester.
Without the above information, the
component(s) may not be able to
conduct an effective search, and the
individual’s 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, individuals
may make a request for amendment or
correction of a record of the Department
about the individual by writing directly
to the Department component that
VerDate Sep<11>2014
02:51 Dec 12, 2020
Jkt 253001
maintains the record, unless the record
is not subject to amendment or
correction. The request should identify
each particular record in question, state
the amendment or correction desired,
and state why the individual believes
that the record is not accurate, relevant,
timely, or complete. The individual may
submit any documentation that would
be helpful. If the individual believes
that the same record is in more than one
system of records, the request should
state that and be addressed to each
component that maintains a system of
records containing the record.
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures’’
above.
EXEMPTIONS PROMULGATED 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), (e)(12); (f); and (g)(1).
Additionally, the Secretary of Homeland
Security, pursuant to 5 U.S.C.
552a(k)(1), (k)(2), and (k)(5), 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). When this
system receives a record from another
system exempted in that source system
under Title 5 U.S.C. 552a(j)(2), 5 U.S.C.
552a(k)(1), (k)(2), and (k)(5), 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 set forth here.
HISTORY:
*
None.
*
*
*
*
Constantina Kozanas,
Chief Privacy Officer, U.S. Department of
Homeland Security.
[FR Doc. 2020–27315 Filed 12–11–20; 8:45 am]
BILLING CODE 9110–9N–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2020–0017]
Privacy Act of 1974; System of
Records
U.S. Customs and Border
Protection, U.S. Department of
Homeland Security.
ACTION: Notice of Modified Privacy Act
System of Records.
AGENCY:
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
The U.S. Department of
Homeland Security (DHS)/U.S. Customs
and Border Protection (CBP) proposes to
modify and reissue an existing system of
records titled, ‘‘DHS/CBP–024 CBP
Intelligence Records System (CIRS).’’
CIRS contains information collected by
CBP to support CBP’s law enforcement
intelligence mission. This information
includes raw intelligence information
collected by CBP’s Office of Intelligence
(OI), public source information, and
information initially collected by CBP
pursuant to its immigration and customs
authorities, which is then analyzed and
incorporated into intelligence products.
DATES: Submit comments on or before
January 13, 2021. This modified system
will be effective January 13, 2021.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2020–0017 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: Constantina Kozanas, Chief
Privacy Officer, Privacy Office, U.S.
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number DHS–2020–0017. 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.
SUMMARY:
For
general questions, please contact: Debra
L. Danisek (202) 344–1610,
privacy.cbp@cbp.dhs.gov, CBP Privacy
Officer, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue
NW, Washington, DC 20229. For privacy
questions, please contact: Constantina
Kozanas, (202) 343–1717, Privacy@
hq.dhs.gov, Chief Privacy Officer,
Privacy Office, U.S. Department of
Homeland Security, Washington, DC
20528.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
CBP currently uses the Analytical
Framework for Intelligence (AFI) and
the Intelligence Reporting System (IRS)
to facilitate the development of finished
intelligence products. Information
collected by CBP for an intelligence
purpose that is not covered by an
existing DHS System of Records Notice
(SORN) and is not incorporated into a
finished intelligence product is retained
and disseminated in accordance with
E:\FR\FM\14DEN1.SGM
14DEN1
Agencies
[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Notices]
[Pages 80800-80806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27315]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2020-0015]
Privacy Act of 1974; System of Records
AGENCY: Privacy Office, U.S. Department of Homeland Security.
ACTION: Notice of a New System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Homeland Security (DHS) proposes to establish a new DHS
system of records titled, ``U.S. Department of Homeland Security/ALL-
046 Counterintelligence Program System of Records.'' This system of
records allows DHS to collect and maintain records as part of the
unified
[[Page 80801]]
Counterintelligence Program across the Department.
``Counterintelligence'' is defined as information gathered and
activities conducted to identify, deceive, exploit, disrupt, or protect
against espionage, other intelligence activities, sabotage, or
assassinations conducted for or on behalf of Foreign Intelligence
Entities. DHS will use the system to facilitate counterintelligence
functions including analysis, production, collections, investigative
activities, operations, and functional support.
DATES: Submit comments on or before January 13, 2021. This new system
will be effective upon publication. New routine uses will be effective
January 13, 2021.
ADDRESSES: You may submit comments, identified by docket number DHS-
2020-0015 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: Constantina Kozanas, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
Instructions: All submissions received must include the agency name
and docket number DHS-2020-0015. 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:
Robert Hale, (202) 447-3984, [email protected], Assistant
Director, Enterprise Program Management, Counterintelligence Mission
Center, Office of Intelligence and Analysis, 3801 Nebraska Avenue,
Washington, DC 20528-0655. For privacy questions, please contact:
Constantina Kozanas, (202) 343-1717, [email protected], Chief Privacy
Officer, Privacy Office, U.S. 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, U.S.
Department of Homeland Security (DHS) proposes to issue a new DHS
system of records titled, ``DHS/ALL-046 Counterintelligence Program
System of Records.''
DHS developed the Counterintelligence (CI) Program to identify,
deceive, exploit, disrupt, or protect against espionage, other
intelligence activities, sabotage, or assassinations conducted for or
on behalf of Foreign Intelligence Entities (FIE). FIEs are known or
suspected foreign state or non-state organizations or persons that
conduct intelligence activities to acquire information about the United
States, block or impair intelligence collection by the United States
Government, influence United States policy, or disrupt systems and
programs owned or operated by or within the United States, all of which
may impact or influence DHS operations and missions. The term includes
foreign intelligence and security services, international terrorists,
transnational criminal organizations, and drug trafficking
organizations conducting intelligence-related activities.
DHS is creating this new CI program system of records to account
for the expansion of the Department's CI program beyond the Office of
Intelligence and Analysis (I&A) and the United States Coast Guard
(USCG) to include Cybersecurity and Infrastructure Security Agency
(CISA), Countering Weapons of Mass Destruction Office (CWMD), Federal
Emergency Management Agency (FEMA), Federal Protective Service (FPS),
Transportation Security Administration (TSA), U.S. Customs and Border
Protection (CBP), U.S. Citizenship and Immigration Services (USCIS),
U.S. Immigration and Customs Enforcement (ICE), and U.S. Secret Service
(USSS).
Some DHS counterintelligence records previously covered under the
DHS/IA-001 Enterprise Records System (ERS) system of records notice
(SORN) will now be part of the Department's CI Program SORN. This
notice does not rescind, revoke, or supersede the ERS SORN insofar as
program offices in I&A will continue to maintain records separate from
the CI program within that system of records.
The DHS CI Program derives its authorities from those provided to
the Secretary of Homeland Security and to the Under Secretary for
Intelligence and Analysis (USIA). The additional counterintelligence
authorities provided to the USCG are not further shared with the rest
of the DHS CI Program and are not restricted based on the limitations
applied to I&A. Other DHS Components and offices in the DHS CI Program
also retain their individual authorities and capabilities provided to
those Components through statute, executive order, or DHS Delegation
(e.g. TSA retains its authorities regarding transportation security and
these authorities are not impacted by TSA's inclusion in the DHS CI
Program).
The DHS CI Program derives its authorities primarily from Executive
Order 12333, United States Intelligence Activities, which authorizes
all members of the Intelligence Community to collect information
concerning, and conduct activities to protect against, amongst other
things, intelligence activities directed against the United States. All
members of the Intelligence Community are further tasked with
protecting the security of intelligence related activities,
information, installations, property, and employees by appropriate
means, including such investigations of applicants, employees,
contractors, and other persons with similar associations with the
Intelligence Community elements as are necessary. Pursuant to Executive
Order 12333, DHS's I&A is specifically authorized to collect (overtly
or through publicly available sources) analyze, produce, and
disseminate foreign intelligence and counterintelligence, including
defense and defense-related information and intelligence to support
national and departmental missions. In addition, Executive Order 12333
authorizes the Commandant of the Coast Guard to conduct
counterintelligence activities, including through clandestine means.
USCG intelligence authorities are functionally derived from Executive
Order 13286, Amendment of Executive Orders, and Other Actions, in
Connection with the Transfer of Certain Functions to the Secretary of
Homeland Security.
The key distinction between the authorities for I&A and the USCG,
specifically as it relates to collection of counterintelligence
information, rests in the authority for USCG to collect
counterintelligence using clandestine means, while I&A is only
permitted to collect from overt or publicly available sources. The USCG
is the only DHS component with the authority to conduct clandestine
counterintelligence activities.
In addition to Executive Order 12333, the Homeland Security Act of
2002, codified at 6 U.S.C. 121-126, authorizes the USIA's role as the
DHS Counterintelligence Executive. Furthermore, 6 U.S.C. 124d
authorizes the DHS Intelligence Components (defined in 6 U.S.C. 101(11)
as any element or entity (i.e., DHS Component) that collects, gathers,
processes, analyzes, produces, or disseminates intelligence information
within the scope of the Information Sharing Environment or National
Intelligence) to support and implement the intelligence mission of the
Department, as led by the
[[Page 80802]]
USIA. The DHS CI Program is part of the overall DHS intelligence
mission.
Counterintelligence collections within the DHS CI Program (I&A,
USCG, and all other Component CI programs) are undertaken as part of an
integrated national and departmental effort. The DHS CI Program follows
the Intelligence Community model for conducting counterintelligence, as
described in Intelligence Community Directive 750--Counterintelligence
Program and other National Counterintelligence Security Center
guidance. The DHS CI Program performs a variety of functions to fulfill
its mission, including investigations, information collections,
operations, analysis and production, and supporting functional
services.
The DHS CI Program collects personally identifiable information
(PII) directly from DHS employees and contractors via in-person
interviews, from individuals outside of DHS who may have information
relevant to a CI matter, government-controlled and public data
aggregators, forensic examination of documents and electronic media,
and anonymous tips and leads provided via email, telephone, and written
notes or letters. As relates to CI investigations and operations, PII
may be used to identify individuals who are involved in, witness to, or
knowledgeable of CI-related activities that are the subject of a CI
investigation or operation by the DHS CI Program or other federal law
enforcement or intelligence agencies where there is a DHS equity. CI
analytical products generally contain very limited amounts of PII, with
sources and individuals referenced in a finished intelligence product
anonymized to the greatest extent possible. Furthermore, the DHS CI
Program provides DHS employees with CI awareness training, during which
PII is collected directly from DHS employees in order to maintain a
record of when CI awareness training was last received.
Consistent with DHS's information sharing mission, information
stored in the DHS/ALL-046 Counterintelligence Program 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, DHS may share information with appropriate federal, state,
local, tribal, territorial, foreign, or international government
agencies 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'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/ALL-046 Counterintelligence
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:
U.S. Department of Homeland Security (DHS) DHS/ALL-046
Counterintelligence Program System of Records.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Records are maintained at several DHS Headquarters and Component
locations in Washington, DC and field offices.
SYSTEM MANAGER(S):
Robert Hale, Assistant Director, Enterprise Program Management,
(202) 447-3984, [email protected], Counterintelligence Mission
Center, Office of Intelligence and Analysis, U.S. Department of
Homeland Security, Washington, DC 20528.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title II and Title VIII, section 892 of the Homeland Security Act
of 2002, Public Law 107-296, 116 Stat. 2135 (Nov. 25, 2002), as amended
(6 U.S.C. 121, et seq.); Executive Order 12333, United States
Intelligence Activities, 46 FR 59941 (December 4, 1981), reprinted as
amended in 73 FR 45325 (July 30, 2008); Executive Order 13526,
Classified National Security Information, 75 FR 707 (January 5, 2010);
Executive Order 13556, Controlled Unclassified Information, 75 FR 68675
(November 9, 2010); and Executive Order 13388, Further Strengthening
the Sharing of Terrorism Information to Protect Americans, 70 FR 62023
(October 27, 2005).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to collect, store and maintain
records related to, and in furtherance of, the counterintelligence
collections and activities of the DHS CI Program. DHS will use this
system to conduct administrative inquiries to identify, analyze, and
neutralize foreign intelligence threats to DHS personnel, facilities,
equipment, networks, information and activities; report on foreign
contacts and travel, including briefings and debriefings; conduct
counterintelligence investigative activities and produce intelligence
on foreign intelligence entities; provide counterintelligence awareness
training; and other activities relating to the DHS CI Program's
responsibilities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former DHS employees, contractors,
consultants, detailees, interns, applicants for employment, and other
individuals provided authorized access to DHS facilities, systems, or
sensitive or classified information;
Individuals who are known, reasonably believed to be, or
are suspected of being, involved in or linked to:
Intelligence activities, or other individuals known or
suspected of engaging in intelligence activities, on behalf of FIEs;
officers or employees of, or otherwise acting for or on
behalf of, a foreign government or element thereof, foreign
organizations, or foreign persons;
officers, employees, or members of an organization
reasonably believed to be owned or controlled directly or indirectly by
a foreign power; or
clandestine intelligence activities, sabotage,
assassinations, or international terrorist activities.
Individuals reasonably believed to be targets, hostages,
or victims of international terrorist organizations, transnational
criminal organizations, or drug trafficking organizations;
[[Page 80803]]
Individuals who are closely associated with the above
categories (e.g., immediate family members, members of a household,
business partners); and
Individuals who voluntarily request assistance or
information, through any means, from the DHS CI Program, or individuals
who voluntarily provide information concerning any of the activities
above, which may threaten or otherwise affect homeland security.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system may collect the following types of information if
related to CI:
Classified and unclassified intelligence (national
intelligence, foreign intelligence, and counterintelligence),
counterterrorism, homeland security, and related law enforcement
information, including source records and the reporting and results of
any analysis of this information, obtained from all agencies,
components and organizations of the Federal government, including the
IC; foreign governments, organizations or entities, and international
organizations; State, local, tribal and territorial government agencies
(including law enforcement agencies); and private sector entities;
Information provided by record subjects and individual
members of the public;
Information obtained from the Terrorist Screening Center,
the National Counterterrorism Center, or from other organizations about
individuals known or reasonably suspected of being engaged in conduct
constituting, preparing for, aiding, or relating to terrorism;
Information obtained from the National Counterintelligence
Security Center, the Federal Bureau of Investigation, or from other
organizations about individuals known or reasonably suspected of being
engaged in conduct associated with espionage, other intelligence
activities, sabotage, or assassinations;
Active and historical law enforcement investigative
information;
Information related to lawful DHS security investigations,
including authorized physical, personnel, and communications security
investigations, and information systems security analysis and
reporting;
Operational and administrative records, including
correspondence records;
Financial information, when relevant to an authorized
intelligence, counterterrorism, homeland security, or related law
enforcement activity;
Public source data such as that contained in media,
including periodicals, newspapers, broadcast transcripts, and other
public reports and commercial databases;
Publicly available social media handles and aliases,
associated identifiable information, and search results; and
Metadata, which may include but is not limited to
transaction date, time, location, and frequency.
Examples of information related to the ``Categories of
Individuals'' listed above may include:
Individual's name and alias(es);
Date and place of birth;
Gender;
Country of citizenship;
Country of nationality;
Country of residence;
A-Number(s);
Email address;
SSN;
Vehicular information;
Government issued identification information (i.e.,
passport, driver's license),
[cir] Document type;
[cir] Issuing organization;
[cir] Driver's license;
[cir] Document number; and
[cir] Expiration date.
Physical characteristics (height, weight, race, eye and
hair color, ethnicity, identifying marks like tattoos or birthmarks);
Biometric information (e.g., fingerprints, photographs)
and other information used to conduct background and security checks;
Physical and mailing addresses (to include U.S. and
foreign);
Phone and fax numbers (including mobile phone numbers);
Records regarding organization membership(s) or
affiliation(s);
Employment history;
Results from intelligence analysis related to
counterintelligence;
Background investigative reports and supporting
documentation, including criminal background, medical, and financial
data;
Family relationships (e.g., parent, spouse, sibling,
child, other dependents);
Criminal history;
Flight information;
Border crossing information;
Reports on foreign contacts;
Records and information from government data systems or
retrieved from commercial data providers in the course of intelligence
research, analysis, and reporting;
Immigration and visa information; and
Investigative files containing allegations and complaints;
witness statements; transcripts of electronic monitoring; subpoenas and
legal opinions and advice; reports of investigation; reports of
criminal, civil, and administrative actions taken as a result of the
investigation; and other relevant evidence; handwriting exemplars,
laboratory analyses of inks and papers; handwriting analyses;
information, reports or opinions from the forensic examination of
documentary and digital media evidence; polygraph case files; search
warrants and search warrant returns; indictments; certified inventories
of property held as evidence; sworn and unsworn witness statements;
state, local, and foreign criminal investigative information and
reports; names and telephone numbers of individuals intercepted by
electronic, mechanical, or other device under the provisions of 18
U.S.C. 2510 et seq compiled during the lawful course of a criminal or
civil investigation.
Records will also include those relating to:
Management and coordination of DHS counterintelligence
systems and activities;
analytical, operational, biographic, policy, management,
training, administrative matters and operational support related to DHS
counterintelligence, force protection, critical infrastructure
protection, research and technology protection, threat analysis,
counter-narcotics and risk assessments; and
architecture and operation of DHS counterintelligence
information systems.
reports of investigation, collection, statements of
individuals, affidavits, correspondence, and other documentation
pertaining to investigative or analytical efforts by DHS and other U.S.
government agencies to identify or counter foreign intelligence and
international terrorist threats to DHS and to the United States.
records maintained in ad hoc or temporary databases
established to support certain investigations, task forces or
analytical projects.
RECORD SOURCE CATEGORIES:
Federal, state, local, territorial, tribal, or other domestic
agencies, foreign agencies, multinational or non-governmental
organizations, critical infrastructure owners and operators, private
sector entities and organizations, individuals, commercial data
providers, and public sources such as social media, news media outlets,
and the internet.
[[Page 80804]]
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 Department of Justice (DOJ), including the U.S. Attorneys
Offices, or other federal agencies 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, only when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office with information 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. secs. 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 representatives of the Department of Justice and other U.S.
Government entities, to the extent necessary to obtain their advice on
any matter that is within their official responsibilities, authorities,
and missions, in order to provide support to DHS's CI Program and the
purposes of this system.
J. To any Federal, state, local, tribal, territorial, foreign, or
multinational government or agency, or appropriate private sector
individuals and organizations, with responsibilities relating to
homeland security, including responsibilities to counter, deter,
prevent, prepare for, respond to, or recover from a natural or manmade
threat, including an act of terrorism, or to assist in or facilitate
the coordination of homeland security threat awareness, assessment,
analysis, deterrence, prevention, preemption, and response.
K. To a Federal, state, local, tribal, or territorial government or
agency lawfully engaged in the collection of intelligence (including
national intelligence, foreign intelligence, and counterintelligence),
counterterrorism, homeland security, law enforcement or law enforcement
intelligence, and other information, when disclosure is undertaken for
intelligence, counterterrorism, homeland security, or related law
enforcement purposes, as authorized by U.S. Law or Executive Order, and
in accordance with applicable disclosure policies.
L. To any other agency within the Intelligence Community, as
defined in Executive Order 12333, as amended, for the purpose of
allowing that agency to determine whether the information is relevant
and necessary to its mission-related responsibilities and in accordance
with that agency's classified or unclassified implementing procedures
promulgated pursuant to such orders and directives, or any other
statute, Executive Order or directive of general applicability.
M. To a Federal, state, local, tribal, territorial, foreign, or
multinational government or agency, or other entity, including, as
appropriate, certain private sector individuals and organizations, when
disclosure is in furtherance of the CI Program and DHS information
sharing responsibilities under the Homeland Security Act of 2002, as
amended, the Intelligence Reform and Terrorism Prevention Act of 2004,
the National Security Act of 1947, as amended, Executive Order 12333,
as amended, or any successor order, national security directive,
intelligence community directive, other directive applicable to DHS,
and any classified or unclassified implementing procedures promulgated
pursuant to such orders and directives, or any other statute, Executive
Order or directive of general applicability, and where such disclosure
is otherwise compatible with the purpose for which the record was
originally acquired or created by DHS.
N. To an appropriate Federal, State, local, tribal, territorial,
foreign, or international agency, if the information is relevant and
necessary to a requesting agency's decision concerning the hiring or
retention of an individual, or issuance of a security clearance,
license, contract, grant, or other benefit, or if the information is
relevant and necessary to a DHS decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
reporting of an investigation of an employee, the letting of a
contract, or the issuance of a license, grant or other benefit and when
disclosure is appropriate to the proper performance of the official
duties of the person making the request.
O. To the President's Foreign Intelligence Advisory Board, the
Intelligence Oversight Board, any successor organizations, and any
intelligence oversight entities established by the President, when
disclosure will assist these entities in
[[Page 80805]]
the performance of their oversight functions.
P. To foreign persons or foreign government agencies, international
organizations, and multinational agencies or entities, under
circumstances or for purposes mandated or imposed by Federal statute,
treaty, or other international agreement or arrangement.
Q. To any individual, organization, or entity, as appropriate, to
notify them of a serious threat to homeland security for the purpose of
guarding them against or responding to such a threat, or when there is
a reason to believe that the recipient is or could become the target of
a particular threat, to the extent the information is relevant to the
protection of life, health, or property.
R. To any Federal government agency when documents or other
information obtained from that agency are used in compiling the
particular record, the record is also relevant to the official
responsibilities of that agency, and there otherwise exists a need for
that agency to know the information in the performance of its official
functions.
S. 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:
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 an individual's name or other
identifier, including unique identifying numbers assigned by DHS or
other government agencies.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with approved
records retentions schedules. Records on U.S. Persons, as defined in
Executive Order 12333, are retained so long as there is a mission need,
in accordance with N1-563-09-7-1. If DHS determines that U.S. Person
record meets the two-part test, as described in N1-563-09-7-1, the
records must be reviewed annually to determine whether there is still a
mission need to retain the information. The majority of the DHS CI
Program has 180 days from the date U.S. Person information is first
collected to determine whether it meets the two-part test.
The exception is USCG, where, pursuant to COMDTINST M3820.12,
``Coast Guard Intelligence Activities'', USCG originators of
intelligence products have 90 days from the date of collection of USPER
data to determine whether the information may be permanently retained
within the USCG authorized procedures. USCG is working to update this
instruction, and under the new version, will be permitted up to 5 years
to determine if the USPER data may be permanently retained. At the
anniversary date (or any time beforehand) a record is first certified
as U.S. Person information can be reviewed and certified that there is
still a mission need to retain the information. The anniversary date
will then be set for an additional year out. This can go on for as long
as the information is deemed necessary for the mission. Once
certification has been removed, such records are temporary and must be
destroyed and deleted immediately upon removal of certification.
Certified and categorized records reaching the expiration date without
review/renewal one year from date of categorization are temporary and
must be destroyed and deleted upon that one-year cutoff. Finally,
uncategorized records that do not meet the required two-part test are
temporary and must be destroyed and deleted within 180 days (90 days
for USCG) from the date the information is collected.
Interception, Monitoring and Recording of Wire and Oral
Communication Records are retained in accordance with N1-563-08-5, and
are temporary. Records are cutoff at the end of the calendar year in
which the record was created, and are destroyed 10 years after cutoff.
Clip Reports are non-records, and are destroyed or deleted when no
longer needed for reference.
Finished Intelligence Case Files are retained in accordance with
N1-563-07-16-4, and are permanent. Records cutoff date is at the end of
the calendar year in which the case is closed and are transferred to
the National Archives for permanent retention 20 years after such
cutoff date.
Raw Reporting Files are retained in accordance with N1-563-07-16-3,
and are temporary. Records cutoff date is at end of calendar year such
records are collected and are destroyed or deleted 30 years after such
cutoff date.
Counterintelligence Case Files are retained in accordance with N1-
563-08-4-1, and are temporary. Records cutoff date is the end of the
fiscal year of when the case has been closed and are destroyed 20 years
after such cutoff date.
Non-Referral Files are retained in accordance with N1-563-08-4-3,
and are temporary. Records are destroyed when 5 years old from first
collected.
Certification File records are retained in accordance with N1-563-
08-11-1, and are temporary. Records cutoff date is the end of the
calendar year in which certification was received. Records are to be
destroyed when 10 years old or 10 years after completion of a specific
training program or upon separation or transfer of employee, whichever
is sooner.
Mission-Related Training records are retained in accordance with
N1-563-08-11-2, and are temporary. Records cutoff date is at the end of
the calendar year in which course or material is superseded and are
destroyed or deleted 30 years after cutoff date.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS safeguards records in this system according to applicable rules
and policies, including all applicable DHS automated systems security
and access policies. DHS has imposed 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:
As described below, this system of records is exempt from the
notification, access, and amendment provisions of the Privacy Act, and
the Judicial Redress Act if applicable. However, DHS will consider
individual requests to determine whether or not information may be
released. Individuals seeking access to and notification of any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the FOIA Officer for the Office of
Intelligence and Analysis, whose contact information can be found at
https://www.dhs.gov/foia under ``Contacts Information.'' If an
[[Page 80806]]
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,
U.S. 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 Title 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 he or she believes the Department would have
information being requested;
Identify which component(s) of the Department he or she
believes may have the information;
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 the request is seeking records pertaining to another living
individual, the request must include an authorization from the
individual whose record is being requested, authorizing the release to
the requester.
Without the above information, the component(s) may not be able to
conduct an effective search, and the individual's 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,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each particular record in question, state the amendment or correction
desired, and state why the individual believes that the record is not
accurate, relevant, timely, or complete. The individual may submit any
documentation that would be helpful. If the individual believes that
the same record is in more than one system of records, the request
should state that and be addressed to each component that maintains a
system of records containing the record.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED 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), (e)(12); (f);
and (g)(1). Additionally, the Secretary of Homeland Security, pursuant
to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5), 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). When this system
receives a record from another system exempted in that source system
under Title 5 U.S.C. 552a(j)(2), 5 U.S.C. 552a(k)(1), (k)(2), and
(k)(5), 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 set forth here.
HISTORY:
None.
* * * * *
Constantina Kozanas,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2020-27315 Filed 12-11-20; 8:45 am]
BILLING CODE 9110-9N-P