Sorn

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77778-77782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29807]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0191]

Privacy Act of 1974; U.S. Customs and Border Protection--011 TECS
System of Records Notice

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of record notices, the Department of Homeland Security is
publishing a revised system of records notice for the system formerly
known as the Treasury/CS.244, Treasury Enforcement Communication
System, October 18, 2001, as a Department of Homeland Security system
of records notice titled, DHS/CBP-011 TECS. Additionally, the
Department is giving notice that it plans to consolidate into this
newly revised system of records the following legacy system of records:
Treasury/CS.272 Currency Declaration File, October 18, 2001; Treasury/
CS.224 Suspect Persons Index, October 18, 2001; Justice/INS-032
National Automated Immigration Lookout System (NAILS), October 17,
2002; and Treasury/CS.262 Warnings to Importers in Lieu of Penalty,
October 18, 2001. Categories of individuals, categories of records, and
the routine uses of this legacy system of records notice have been
reviewed and updated to better reflect the Department of Homeland
Security DHS/CBP-011 TECS, which is no longer an acronym.
TECS is an updated and modified version of the former Treasury

[[Page 77779]]

Enforcement Communications System, which is principally owned and
managed by U.S. Customs and Border Protection and is its principal law
enforcement and anti-terrorism data base system. TECS is established as
an overarching law enforcement information collection, analysis, and
sharing environment that securely links telecommunications devices and
personal computers to a central system and database. This environment
is comprised of several modules designed to collect, maintain, and
screen data as well as conduct analysis, screening, and information
sharing. TECS databases contain temporary and permanent enforcement,
inspection and intelligence records relevant to the anti-terrorism and
law enforcement mission of U.S. Customs and Border Protection and
numerous other federal agencies that it supports. TECS also maintains
limited information on those individuals who have been granted access
to the system. Access is granted to those agencies which share a common
need for data maintained in the system. TECS also allows direct access
to other major law enforcement systems, including the Department of
Justice's National Crime Information Center (NCIC), the National Law
Enforcement Telecommunications Systems (NLETS), and the Canadian Police
Information Centre (CPIC).
In an effort to provide even more detailed information and
transparency to the public, U.S. Customs and Border Protection has
separately published System of Records Notices for the applicable
subsets of data connected to TECS, including the DHS/CBP-006 Automated
Targeting System (ATS) August 6, 2007, DHS/CBP-007 Border Crossing
Information (BCI) July 25, 2008, DHS/CBP-005 Advanced Passenger
Information System (APIS) last published November 18, 2008 and DHS/CBP-
009 Non-Immigrant Information System (NIIS) being published
concurrently with this SORN elsewhere in the Federal Register today.
Additionally, the Department is issuing a Notice of Proposed
Rulemaking (NPRM) concurrent with this SORN elsewhere in the Federal
Register. The exemptions for the legacy system of records notices will
continue to be applicable until the final rule for this SORN has been
issued.
This system will be included in the Department of Homeland
Security's inventory of record systems.

DATES: Written comments must be submitted on or before January 20,
2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0191 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Laurence E. Castelli (202-325-0280), Chief, Privacy Act Policy and
Procedures Branch, U.S. Customs and Border Protection, Office of
International Trade, Regulations & Rulings, Mint Annex, 799 Ninth
Street, NW., Washington, DC 20001-4501. For privacy issues contact:
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law, Section 1512, 116 Stat. 2310 (November 25, 2002), the
Department of Homeland Security (DHS) and U.S. Customs and Border
Protection (CBP) have relied on preexisting Privacy Act system of
records notices for the collection and maintenance of records that
concern the Treasury Enforcement Communications System (TECS).
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a DHS/CBP system of records
under the Privacy Act (5 U.S.C. 552a) that deals with CBP's priority
mission of preventing terrorists and terrorist weapons from entering
the country while facilitating legitimate travel and trade.
On March 1, 2003, the United States Customs Service (owner of the
Treasury Enforcement Communications System) was transferred from the
Department of the Treasury to the newly created Department of Homeland
Security (``DHS'') and renamed ``Bureau of Customs and Border
Protection.'' Subsequently, on April 23, 2007, a Notice was published
in the Federal Register (72 FR 20131) to inform the public that the
name of the Bureau of Customs and Border Protection had been changed by
the Department of Homeland Security to ``U.S. Customs and Border
Protection (CBP)''. Accordingly, inasmuch as the Treasury Enforcement
Communications System is principally owned and managed by CBP and CBP
is no longer part of the Department of the Treasury, the system
formerly known as the Treasury Enforcement Communications System will
now be known as DHS/CBP-011 TECS (no longer an acronym).
In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of record notices, the Department of Homeland Security is
publishing a revised system of records notice for the system formerly
known as the Treasury/CS.244, Treasury Enforcement Communication
System, (66 FR 52984 October 18, 2001), as a Department of Homeland
Security system of records notice titled, DHS/CBP-011 TECS.
Additionally, the Department is giving notice that it is retiring
Treasury/CS.272 Currency Declaration File, (October 18, 2001 66 FR
52984) Treasury/CS.224 Suspect Persons Index (66 FR 52984 October 18,
2001) Justice/INS-032 National Automated Immigration Lookout System
(NAILS) (67 FR 64136 October 17, 2002) and Treasury/CS.262 Warnings to
Importers in lieu of Penalty (66 FR 52984 October 18, 2001), as they
have been into this consolidated SORN. Categories of individuals,
categories of records, and the routine uses of this legacy system of
records notice have been reviewed and updated to better reflect the
Department of Homeland Security, U.S. Customs and Border Protection,
and TECS.
DHS/CBP-011 TECS is an updated and modified version of the former
Treasury Enforcement Communications System (TECS), which is principally
owned and managed by U.S. Customs and Border Protection and is its
principal law enforcement and anti-terrorism data base system. TECS is
established as an overarching law enforcement information collection,
analysis, and sharing environment that links telecommunications devices
and personal computers securely to a central system and database. This
environment is comprised of several modules designed to collect,
maintain and screen data as well as conduct analysis, screening, and
information sharing. TECS databases contain temporary and permanent
enforcement, inspection, and intelligence records relevant to the anti-
terrorism and law enforcement mission

[[Page 77780]]

of U.S. Customs and Border Protection and numerous other federal
agencies that it supports. TECS also maintains limited information on
those individuals who have been granted access to the system. Access is
granted to those agencies which share a common need for data maintained
in the system. TECS also allows direct access to other major law
enforcement systems, including the Department of Justice's National
Crime Information Center (NCIC), the National Law Enforcement
Telecommunications Systems (NLETS) and the Canadian Police Information
Centre (CPIC).
In an effort to provide even more detailed information and
transparency to the public U.S. Customs and Border Protection has
separately published System of Records Notices for the applicable
subsets of data connected to TECS, including the DHS/CBP-006 Automated
Targeting System (ATS) (August 6, 2007, 72 FR 43650), DHS/CBP-007
Border Crossing Information System (BCIS) (July 25, 2008, 73 FR 43457),
DHS/CBP-005 Advanced Passenger Information System (APIS) (November 18,
2008, 73 FR 68435), and DHS/CBP-009 Non-Immigrant Information System
(NIIS), which is being published concurrently with this SORN elsewhere
in the Federal Register today.
Additionally, the Department is issuing a Notice of Proposed
Rulemaking (NPRM) concurrent with this SORN elsewhere in the Federal
Register. The exemptions for the legacy system of records notices will
continue to be applicable until the final rule for this SORN has been
published.
This system will be included in the Department of Homeland
Security's inventory of record systems.

II. Privacy Act

The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses and disseminates personally identifiable
information in 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 the individual or by
some identifying number, symbol, or other identifying particular
assigned to the individual. In the Privacy Act, an individual is
defined to encompass United States citizens and lawful permanent
residents. As a matter of policy, DHS extends administrative Privacy
Act protections to all individuals where systems of records maintain
information on U.S. citizens, lawful permanent residents, and visitors.
Individuals may request access to their own records that are maintained
in a system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system to make agency recordkeeping practices
transparent, to notify individuals regarding the uses of their records,
and to assist the individual to more easily find such files within the
agency. Below is a description of the TECS System of Records.
In accordance with 5 U.S.C. 552a(r), a report concerning this
record system has been sent to the Office of Management and Budget and
to the Congress.
System of Records: DHS/CBP-011

System name:
DHS/CBP-011 TECS.

Security classification:
Unclassified; Law Enforcement Sensitive.

System location:
This computer database is located at the U.S. Customs and Border
Protection National Data Center in the Washington DC area. TECS will be
migrated to other DHS Datacenters. Computer terminals are located at
CBP sites and ports throughout the United States and at CBP
Headquarters, Washington, DC, as well as appropriate facilities under
the jurisdiction of the U.S. Department of Homeland Security (DHS) and
other locations at which officers of DHS may be posted or operate to
facilitate DHS's mission of homeland security. Terminals may also be
located at appropriate facilities for other participating government
agencies pursuant to agreement.

Categories of individuals covered by the system:
Violators or suspected violators of laws enforced or
administered by DHS (some of whom have been apprehended by officers of
DHS);
Individuals who are suspected of, or who have been
arrested for, thefts from international commerce;
Convicted violators of laws enforced or administered by
DHS and/or drug laws in the United States and foreign countries;
Persons with outstanding warrants--Federal or state;
Victims of any violation of the laws enforced or
administered by DHS;
Owners, operators and/or passengers of vehicles, vessels
or aircraft traveling across U.S. borders or through other locations
where CBP maintains an enforcement or operational presence;
Persons traveling across U.S. borders or through other
locations where CBP maintains an enforcement or operational presence
and who are determined to be related to a law enforcement context;
Persons identified by Center for Disease Control (CDC),
U.S. Health and Human Services as ``No Boards'' because of a highly
contagious communicable disease through the Advance Passenger
Information System in connection with trying to board an aircraft to
travel internationally;
Individuals who have been issued a CBP detention or
warning;
Individuals who may pose a threat to the United States;
and
Individuals who have been given access to TECS for
authorized purposes.

Categories of records covered by the system:
Various types of information from a variety of Federal, state,
local, and foreign sources, which contribute to effective law
enforcement and counterterrorism efforts, may be maintained in this
system of records. Records include, but are not limited to, records
pertaining to known or suspected violators, wanted persons, persons of
interest for law enforcement and counterterrorism purposes, reference
information, regulatory and compliance data. Information about
individuals includes, but is not limited to full name, alias, date of
birth, address, physical description, various identification numbers
(e.g., social security number, alien number, I-94 number, seizure
number), details and circumstances of a search, arrest, or seizure,
case information such as merchandise and values, methods of theft.

Authority for maintenance of the system:
Section 5 U.S.C. 301; Homeland Security Act of 2002, Pub. L. 107-
296; the Tariff Act of 1930, as amended; Title 18, United States Code,
Chapter 27; the Immigration and Nationality Act.

Purpose
The purpose of this system is to track individuals who have
violated or are suspected of violating a law or regulation that is
enforced or administered by CBP, to provide a record of any inspections
conducted at

[[Page 77781]]

the border by CBP, to determine admissibility into the United States,
and to record information regarding individuals, firms, and
organizations to whom DHS/CBP has issued detentions and warnings.
Additionally, this system of records covers individuals who have been
given access to TECS for authorized purposes.

Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when it is necessary to the litigation and one of
the following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee of DHS or any component in his/her official
capacity;
3. Any employee of DHS or any component in his/her individual
capacity where DOJ or DHS has agreed to represent the employee; or
4. The U.S. or any agency thereof, is a party to the litigation or
has an interest in such litigation, and DHS or CBP determines that the
records are both relevant and necessary to the litigation and the use
of such records is compatible with the purpose for which DHS or CBP
collected the records.
B. To a congressional office in response to an inquiry from that
congressional office made at the request of the individual to whom the
record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS or CBP suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS or CBP has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS, CBP, or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS or CBP's efforts
to respond to the suspected or confirmed compromise and prevent,
minimize, or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS or CBP, 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/CBP officers and employees.
G. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, license,
or treaty where DHS determines that the information would assist in the
enforcement of civil or criminal laws.
H. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil or criminal discovery, litigation, or
settlement negotiations, or in response to a subpoena from a court of
competent jurisdiction.
I. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate to the proper
performance of the official duties of the officer making the
disclosure.
J. To an organization or individual in either the public or private
sector, either foreign or domestic, where there is a reason to believe
that the recipient is or could become the target of a particular
terrorist activity or conspiracy, to the extent the information is
relevant to the protection of life or property and disclosure is
appropriate to the proper performance of the official duties of the
person making the disclosure.
K. To an appropriate Federal, State, local, tribal, foreign, or
international agency, if the information is relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual, or issuance of a security clearance, license, contract,
grant, or other benefit, or if the information is relevant and
necessary to a DHS decision concerning the hiring or retention of an
employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant or other benefit and when disclosure is
appropriate to the proper performance of the official duties of the
person making the request.
L. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, for
purposes of assisting such agencies or organizations in preventing
exposure to or transmission of a communicable or quarantinable disease
or for combating other significant public health threats.
M. To Federal and foreign government intelligence or
counterterrorism agencies or components where CBP becomes aware of an
indication of a threat or potential threat to national or international
security, or where such use is to assist in anti-terrorism efforts and
disclosure is appropriate in the proper performance of the official
duties of the person making the disclosure;
N. To the news media and the public, with the approval of the DHS
Chief Privacy Officer in consultation with counsel, as appropriate,
when there exists a legitimate public interest in the disclosure of the
information or when disclosure is necessary to preserve confidence in
the integrity of CBP or is necessary to demonstrate the accountability
of CBP's officers, employees, or individuals covered by the system,
except to the extent it is determined that release of the specific
information in the context of a particular case would constitute an
unwarranted invasion of personal privacy.
O. To a Federal, State, or local agency, or other appropriate
entity or individual, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law, Executive Order, or other applicable national
security directive.

Disclosure to consumer reporting agencies:
None.

[[Page 77782]]

Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The data is stored electronically at the National Data Center and
other DHS Data Centers for current data and offsite at an alternative
data storage facility for historical logs and system backups.

Retrievability:
The data is retrievable by name, address, unique identifiers or in
association with an enforcement report or other system document.

Safeguards:
All records are protected from unauthorized access through
appropriate administrative, physical, and technical safeguards. These
safeguards include all of the following: restricting access to those
with a ``need to know''; using locks, alarm devices, and passwords;
compartmentalizing databases; auditing software; and encrypting data
communications.
TECS also monitors source systems for changes to the source data.
The system manager, in addition, has the capability to maintain system
back-ups for the purpose of supporting continuity of operations and the
discrete need to isolate and copy specific data access transactions for
the purpose of conducting security incident investigations. TECS
information is secured in full compliance with the requirements of the
DHS IT Security Program Handbook. This handbook establishes a
comprehensive information security program.
Access to TECS is controlled through a security subsystem, which is
used to grant access to TECS information on a ``need-to-know'' basis.

Retention and Disposal:
The majority of information collected in TECS is used for law
enforcement and counterterrorism purposes. Records in the system will
be retained and disposed of in accordance with a records schedule to be
approved by the National Archives and Records Administration.
The retention period for information maintained in TECS is seventy-
five (75) years from the date of the collection of the information or
for the life of the law enforcement matter to support that activity and
other enforcement activities that may become related. TECS collects
information directly from authorized users.

System Manager and address:
Assistant Commissioner, Office of Information Technology, Passenger
Systems Program Office, U.S. Customs and Border Protection
Headquarters, 1300 Pennsylvania Avenue, NW., Washington, DC 20229.

Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, CBP will consider
individual requests to determine whether or not information may be
released. Thus, individuals seeking notification of and access to any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to CBP's FOIA Officer, 1300
Pennsylvania Avenue, NW., Washington, DC 20229.
When seeking records about yourself from this system of records or
any other CBP system of records your request must conform with the
Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Specify when you believe the records would have been
created,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information CBP may not be able to conduct an
effective search, and your request may be denied due to lack of
specificity or lack of compliance with applicable regulations.

Record access procedures:
See ``Notification procedure'' above.

Contesting record procedures:
See ``Notification procedure'' above.

Record source categories:
This system contains investigatory material compiled for law
enforcement and counterterrorism purposes whose sources need not be
reported.

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

Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29807 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P