SORN - DHS/All-025 Law Enforcement Authority Supporting the Protection of DHS Property

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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

Musculoskeletal and Skin Diseases Research,
National Institutes of Health, HHS)
Dated: June 8, 2017.
Sylvia L. Neal,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2017–12241 Filed 6–13–17; 8:45 am]
BILLING CODE 4140–01–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
New Date for the October 2017
Customs Broker’s License
Examination
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:

This document announces
that U.S. Customs and Border Protection
has changed the date on which the
semi-annual examination for an
individual broker’s license will be held
in October 2017.
DATES: The customs broker’s license
examination scheduled for October 2017
will be held on Wednesday, October 25,
2017.
FOR FURTHER INFORMATION CONTACT:
Neila Venne, Broker Management
Branch, Office of Trade, (843) 579–6407,
Neila.M.Venne@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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Background

Dated: June 7, 2017.
Brenda B. Smith,
Executive Assistant Commissioner, Office of
Trade, U.S. Customs and Border Protection.
[FR Doc. 2017–12311 Filed 6–13–17; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2017–0019]

Section 641 of the Tariff Act of 1930,
as amended (19 U.S.C. 1641), provides
that a person (an individual,
corporation, association, or partnership)
must hold a valid customs broker’s
license and permit in order to transact
customs business on behalf of others,
sets forth standards for the issuance of
broker’s licenses and permits, and
provides for the taking of disciplinary
action against brokers that have engaged
in specified types of infractions. This
section also provides that an
examination may be conducted to assess
an applicant’s qualifications for a
license.
The regulations issued under the
authority of section 641 are set forth in
Title 19 of the Code of Federal
Regulations, part 111 (19 CFR 111). Part
111 sets forth the regulations regarding
the licensing of, and granting of permits
to, persons desiring to transact customs
business as customs brokers. These
regulations also include the
qualifications required of applicants and
the procedures for applying for licenses

VerDate Sep<11>2014

and permits. Section 111.11 of the CBP
Regulations (19 CFR 111.11) sets forth
the basic requirements for a broker’s
license and in paragraph (a)(4) of that
section provides that an applicant for an
individual broker’s license must attain a
passing grade (75 percent or higher) on
a written examination.
Section 111.13 of the CBP Regulations
(19 CFR 111.13) sets forth the
requirements and procedures for the
written examination for an individual
broker’s license and states that written
customs broker license examinations
will be given on the first Monday in
April and October unless the regularly
scheduled examination date conflicts
with a national holiday, religious
observance, or other foreseeable event.
To avoid concerns related to the
commencement of the federal
government’s 2018 fiscal year, CBP has
decided to change the regularly
scheduled date of the examination. This
document announces that CBP has
scheduled the October 2017 customs
broker’s license examination for
Wednesday, October 25, 2017.

17:36 Jun 13, 2017

Jkt 241001

Privacy Act of 1974; System of
Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of modified Privacy Act
System of Records.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to modify
and reissue a current Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/ALL–025 Law Enforcement
Authority in Support of the Protection
of Property Owned, Occupied, or
Secured by the Department of
Homeland Security System of Records.’’
This system of records allows the
Department of Homeland Security to
collect and maintain records on the
results of law enforcement activities in
support of the protection of property
owned, occupied, or secured by the
Department of Homeland Security and
its Components, including the Federal

SUMMARY:

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Protective Service, and individuals
maintaining a presence or access to such
property. The Department of Homeland
Security is updating this system of
records notice to, among other things,
(1) modify the category of individuals,
(2) modify the category of records, (3)
modify two existing routine uses, and
(4) add a new routine use. The
Department of Homeland Security is
also issuing a Notice of Proposed
Rulemaking to add a new exemption
from certain provisions of the Privacy
Act, elsewhere in the Federal Register.
This new exemption is needed to
protect information relating to DHS
activities from disclosure to subjects or
others related to these activities.
Specifically, the additional exemptions
are required to preclude subjects of
these activities from frustrating ongoing
operations; to avoid disclosure of
activity techniques; to protect the
identities and physical safety of
confidential informants and law
enforcement personnel; to ensure DHS’s
ability to obtain information from third
parties and other sources; to protect the
privacy of third parties; and to safeguard
classified information. Disclosure of
information to the subject of the inquiry
could also permit the subject to avoid
detection or apprehension. The existing
Privacy Act exemptions for this system
of records continue to apply to it.
Additionally, this notice includes nonsubstantive changes to simplify the
formatting and text of the previously
published notice.
This system of records notice does not
apply to the facilities and perimeters
secured by the U.S. Secret Service.
Records pertaining to perimeters and
facilities secured by the U.S. Secret
Service, other than those records subject
to the Presidential Records Act, are
covered under Department of Homeland
Security/U.S. Secret Service-004
Protection Information System of
Records, 76 FR 66940, October 28, 2011.
This modified system will be
included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
July 14, 2017. This modified system will
be effective July 14, 2017.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2017–0019 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,

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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices
Department of Homeland Security,
Washington, DC 20528–0655.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues
please contact: Jonathan R. Cantor (202)
343–1717, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:

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I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) proposes to
modify and reissue a current DHS
system of records titled, ‘‘DHS/ALL–025
Law Enforcement Authority in Support
of the Protection of Property Owned,
Occupied, or Secured by DHS System of
Records.’’
The DHS/ALL–025 Law Enforcement
Authority in Support of the Protection
of Property Owned, Occupied, or
Secured by DHS System of Records
covers the collection, use, maintenance,
and dissemination of records relating to
the protection of property owned,
occupied, or secured by DHS. DHS is
updating this system of records notice
to, among other things, (1) expand the
category of individuals to include
persons involved in any event, and any
witnesses to such event, that affects or
impacts the safety, security, or
protection of the property, facility, or
occupant; (2) remove applicants and
contractors who have or had access to
classified information as a category of
individuals and associated categories of
records relating to personnel security
because that information has existing
coverage under DHS/ALL–023
Department of Homeland Security
Personnel Security Management System
of Records; (3) add Closed-circuit
television (CCTV) recording and audio
recordings as categories of records; (4)
add Alien File Numbers, also known as
an individual’s A-Number as a category
of records; (5) modify routine use ‘‘E’’ to
be in conformity with Office of
Management and Budget Memorandum
M–17–12; (6) modify routine use ‘‘F’’ to
specifically include Federal Protective
Service guards and (7) add a new
routine use ‘‘M,’’ which will permit
DHS to share information with
individuals involved in incidents
occurring on federal facilities, their
insurance companies, and their
attorneys for the purpose of adjudicating
a claim. This notice also includes nonsubstantive changes to simplify the
formatting and text of the previously
published notice. In addition to the
existing Privacy Act exemptions that
continue to apply to this system of
records, DHS is issuing a Notice of

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Proposed Rulemaking to add a new
exemption from certain provisions of
the Privacy Act. This 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, and similarly,
the Judicial Redress Act (JRA) provides
a statutory right to covered persons 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–025 Law Enforcement Authorities
in Support of the Protection of Property
Owned, Occupied, or Secured by DHS
Security Systems of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:

Department of Homeland Security
(DHS)/ALL–025 Law Enforcement
Authorities in Support of the Protection
of Property Owned, Occupied, or
Secured by the Department of
Homeland Security System of Records.
SECURITY CLASSIFICATION:

Unclassified, sensitive, for official use
only, and classified.
SYSTEM LOCATION:

Records are maintained at several
DHS Headquarters locations and
Component offices, in both Washington,
DC and field locations.
SYSTEM MANAGER(S):

For Headquarters components of DHS:
Chief, Physical Security Division (202)
447–5010, Office of Security,
Department of Homeland Security,
Washington, DC 20528. For DHS

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Components, the System Manager can
be found at http://www.dhs.gov/foia
under ‘‘FOIA Contact Information.’’
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

40 U.S.C 1315; 44 U.S.C. 3101; and
E.O. 9397 as amended by E.O. 13478;
E.O. 10450; E.O. 12968, 5 CFR 731; 5
CFR 732; 5 CFR 736; 32 CFR 147; and
DCID 6/4.
PURPOSE(S) OF THE SYSTEM:

The purpose of this system is to
maintain and record the results of law
enforcement activities in support of the
protection of property owned, occupied,
or secured by DHS and its components,
including the Federal Protective Service
(FPS), and individuals maintaining a
presence or access to such property. It
will also be used to pursue criminal
prosecution or civil penalty action
against individuals or entities suspected
of offenses that may have been
committed against property owned,
occupied, or secured by DHS or persons
on the property.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include:
• Individuals or entities involved in,
or suspected of being involved in,
criminal acts against the buildings,
grounds, and property that are owned,
occupied, or secured by DHS or against
persons who are in or on such
buildings, grounds, or property. This
category includes property located
within or outside of the United States;
• Individuals who provide
information that is relevant to the
investigation, such as victims and
witnesses, and who report such crimes
or acts;
• Persons involved in any event, or
witnesses an event that affects or
impacts the safety, security, or
protection of the property, facility, or
occupant;
• Current, former, or retired DHS
personnel who travel outside the United
States while employed by DHS.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in the system
may include:
• Individual’s or entity’s name;
• Alias;
• Digital video recordings and CCTV
recordings;
• Audio recordings;
• Date of birth, place of birth, and
age;
• Social Security number;
• Alien File Number (A-Number);
• Duty/work address and telephone
number;
• Race and ethnicity;

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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

• Citizenship;
• Sex;
• Marital status;
• Identifying marks (e.g., tattoos,
scars);
• Height and weight;
• Eye and hair color;
• Biometric data (e.g., photograph,
fingerprints);
• Home address, telephone number,
and other contact information;
• Driver’s license information and
citations issued;
• Vehicle information;
• Date, location, nature and details of
the incident/offense;
• Alcohol, drugs, or weapons
involvement;
• Bias against any particular group;
• Confinement information to include
location of correctional facility;
• Gang/cult affiliation, if applicable;
• Release/parole/clemency eligibility
dates;
• Foreign travel notices and reports
including briefings and debriefings;
• Notices and reports with foreign
contacts;
• Reports of investigation;
• Statements of individuals,
affidavits, and correspondence;
• Documentation pertaining to
criminal activities;
• Investigative surveys;
• Certifications pertaining to
qualifications for employment,
including but not limited to education,
firearms, first aid, and CPR;
• Technical, forensic, polygraph, and
other investigative support to criminal
investigations to include source control
documentation and regional
information;
• Data on individuals to include:
Victims, witnesses, complainants,
offenders, and suspects;
• Records of possible espionage,
foreign intelligence service elicitation
activities, and terrorist collection efforts
directed at the Department or its staff,
contractors, or visitors;
• Records of close coordination with
the intelligence and law enforcement
community.

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RECORD SOURCE CATEGORIES:

Records are obtained from sources
contacted during investigations; state,
tribal, international, and local law
enforcement; and federal departments
and agencies.
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

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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 Offices of the U.S. Attorneys,
or other federal agency conducting
litigation or in proceedings before any
court, adjudicative, or administrative
body, when it is relevant or necessary to
the litigation and one of the following
is a party to the litigation or has an
interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS determines that the use of
information from this system of records
is reasonably necessary and otherwise
compatible with the purpose of
collection to assist another federal
recipient agency or entity in (a)
responding to a suspected or confirmed
breach or (b) 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; or
2. DHS suspects or has confirmed that
there has been a breach of this system
of records; and (a) DHS has determined
that as a result of the suspected or
confirmed breach, there is a risk of harm
to individuals, harm to DHS (including
its information systems, programs, and
operations), the Federal Government, or
national security; and (b) 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

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breach or to prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, FPS
Contract Guard companies, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for DHS, when
necessary to accomplish an agency
function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, 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 an appropriate federal, state,
local, tribal, foreign, or international
agency or contract provider, 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 or contractor,
the issuance of a security clearance, the
reporting of an investigation of an
employee or contractor, the letting of a
contract, or the issuance of a license,
grant, or other benefit, and disclosure is
appropriate to the proper performance
of the official duties of the person
making the request.
I. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations or in connection with
criminal law proceedings or pursuant to
the order of a court of competent
jurisdiction.
J. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the officer
making the disclosure.

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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices
K. To a federal, state, local agency, or
other appropriate entities or
individuals, or through established
liaison channels to selected foreign
governments, in order to provide
intelligence, counterintelligence, or
other information for the purposes of
intelligence, counterintelligence, or
antiterrorism activities authorized by
United States law, E.O., or other
applicable national security directive.
L. To a public or professional
licensing organization when such
information indicates, either by itself or
in combination with other information,
a violation or potential violation of
professional standards, or reflects on the
moral, educational, or professional
qualifications of an individual who is
licensed or who is seeking to become
licensed.
M. To individuals involved in
incidents occurring on federal facilities,
their insurance companies, and their
attorneys for the purpose of adjudicating
a claim, such as personal injury, traffic
accident, or other damage to property.
The release of personal information is
limited to that required to adjudicate a
claim.
N. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute a clearly unwarranted
invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

DHS stores records in this system
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records may be stored
on magnetic disc, tape, and digital
media.

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POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

Records may be retrieved by
individual name, Social Security
number, or other personal identifier
listed in ‘‘Categories of Records,’’ when
applicable.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

Records are pending National
Archives and Records Administration
approval. DHS has proposed the

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following retention schedule: Records
are maintained in accordance with N1–
563–08–4, Item 1. Records are
maintained for 20 years after the end of
the fiscal year in which the case was
closed and are then destroyed. No
records will be destroyed until the
retention schedule is approved.
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:

The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act, and those
of the JRA if applicable, because it is a
law enforcement system. However, DHS
will consider individual requests to
determine whether or not information
may be released. Thus, 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 Chief Privacy Officer and
Headquarters or component’s FOIA
Officer, whose contact information can
be found at http://www.dhs.gov/foia
under ‘‘Contacts Information.’’ If an
individual believes more than one
component maintains Privacy Act
records concerning him or her, the
individual may submit the request to
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
Department of Homeland Security,
Washington, DC 20528–0655. Even if
neither the Privacy Act nor the Judicial
Redress Act provide a right of access,
certain records about you may be
available under the Freedom of
Information Act.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28

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U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
In addition, you should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records;
If your request is seeking records
pertaining to another living individual,
you must, in accordance with 6 CFR
5.21, include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
CONTESTING RECORD PROCEDURES:

For records covered by the Privacy
Act or covered JRA records, see ‘‘access
procedures’’ above.
NOTIFICATION PROCEDURES:

See ‘‘Record Access procedure.’’
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); (f); (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: (c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); (f). When this system
receives a record from another system
exempted in that source system under 5
U.S.C. 552a(j)(2), DHS will claim the
same exemptions for those records that
are claimed for the original primary
systems of records from which they
originated and claims any additional
exemptions set forth here.
HISTORY:

75 FR 5614; 74 FR 2903.
Dated: June 8, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2017–12262 Filed 6–13–17; 8:45 am]
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