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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, http://
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

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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:

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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: http://
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 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.
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

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this SORN. Finished intelligence
products, and the information contained
in those products, regardless of the
original source system of that
information, is also retained and
disseminated in accordance with this
SORN.
The previously issued Final Rule
exempting portions of this system of
records from one or more provisions of
the Privacy Act because of criminal,
civil, and administrative enforcement
requirements remains in effect.
This modified system will be
included in DHS’s inventory of record
systems.
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the U.S.
Department of Homeland Security
(DHS)/U.S. Customs and Border
Protection (CBP) proposes to modify
and reissue an existing DHS system of
records titled, ‘‘DHS/CBP–024 CBP
Intelligence Records System (CIRS)
System of Records.’’
The CBP Intelligence Records System
(CIRS) system of records is owned by
CBP’s Office of Intelligence (OI). CIRS
contains information collected by CBP
to support CBP’s law enforcement
intelligence mission. This information
includes raw intelligence information
collected by CBP’s OI, public source
information, and information initially
collected by CBP pursuant to its
immigration and customs authorities.
This information is analyzed and
incorporated into intelligence products.
CBP currently uses the Analytical
Framework for Intelligence (AFI) and
the Intelligence Reporting System (IRS)
information technology (IT) systems to
facilitate the development of finished
intelligence products. These products
are disseminated to various stakeholders
including CBP executive management,
CBP operational units, various
government agencies, and the
Intelligence Community (IC).
CIRS is the exclusive CBP System of
Records Notice for finished intelligence
products and any raw intelligence
information, public source information,
or other information collected by CBP
for an intelligence purpose that is not
subject to an existing DHS SORN.
Information collected by CBP for an
intelligence purpose that is not covered
by an existing DHS SORN and is not
incorporated into a finished intelligence
product is retained and disseminated in
accordance with this SORN. In addition,
finished intelligence products, and the
information contained in those
products, regardless of the original
source system of that information, is
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accordance with this SORN. CIRS
records were previously covered by the
Automated Targeting System SORN and
the Analytical Framework for
Intelligence System SORN.
As part of the intelligence process,
CBP investigators and analysts must
review large amounts of data to identify
and understand relationships between
individuals, entities, threats, and events
to generate law enforcement intelligence
products that provide CBP operational
units with actionable information for
law enforcement purposes. If performed
manually, this process can involve
hours of analysis of voluminous data.
To automate and expedite this process,
CBP uses several IT systems to allow for
the efficient research and analysis of
data from a variety of sources. Existing
IT systems that CBP uses to analyze and
produce intelligence information
include AFI and IRS.
AFI is specifically designed to make
the intelligence research and analysis
process more efficient by allowing
searches of a broad range of data
through a single interface. AFI can also
identify links (relationships) between
individuals or entities based on
commonalities, such as identification
numbers, addresses, or other
information. These commonalities in
and of themselves are not suspicious,
but in the context of additional
information they sometimes help DHS
agents and analysts to identify
potentially criminal activity and
identify other suspicious activities.
These commonalities can also form the
basis for a DHS-generated intelligence
product that may lead to further
investigation or other appropriate
follow-up action by CBP, DHS, or other
federal, state, or local agencies. DHS/
CBP has published a Privacy Impact
Assessment (PIA) for AFI, which is
available on www.dhs.gov/privacy. A
PIA for IRS is forthcoming.
CBP is updating and reissuing this
existing system of records to provide
additional transparency regarding the
publicly available landowner records
CBP receives from state and local
jurisdictions or may access via a
commercial data provider. Property
records are publicly available and often
searchable via online databases
provided by local municipalities and
counties and by commercial providers.
As part of its border security mission,
DHS/CBP requires accurate information
about landowner information along the
borders of the United States to seek
expedited real estate Rights of Entry
(ROE), Right of Way (ROW), and
subsequent acquisition of land for the
placement of proposed and approved
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infrastructure. DHS/CBP is clarifying
that it receives publicly available
landowner information from local
jurisdictions and commercial providers.
CBP is also clarifying that individuals
covered by the system may include
individuals not implicated in activities
in violation of laws enforced or
administered by CBP but with pertinent
knowledge of some circumstance of a
case or record subject. This category was
previously limited to only individuals
with knowledge of narcotics trafficking
or related activities. Additionally, DHS/
CBP is modifying Routine Use ‘‘E’’ and
adding Routine Uses ‘‘F’’ to conform to
OMB Memorandum M–17–12. The
previous Routine Use ‘‘F’’ has been
renumbered as Routine Use ‘‘H,’’ and
the content of the previous Routine Use
‘‘G’’ has been modified to conform with
the current DHS template. All
subsequent Routine Uses have been
renumbered to account for these
changes. Additionally, this notice
includes non-substantive changes to
simplify the formatting and text of the
previously published notice.
Individuals may request information
about records pertaining to themselves
stored in CIRS as outlined in the
‘‘Notification Procedure’’ section below.
CBP reserves the right to exempt various
records from release pursuant to
exemptions 5 U.S.C. 552a(j)(2), (k)(1)
and (k)(2) of the Privacy Act.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/CBP–024 CIRS 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/CBP may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this SORN.
The previously issued Final Rule
exempting portions of this system of
records from one or more provisions of
the Privacy Act because of criminal,
civil, and administrative enforcement
requirements remains in effect. This
modified 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.’’

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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. 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/
CBP–024 Intelligence Records System
(CIRS) 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)/U.S. Customs and
Border Protection (CBP)-024 CBP
Intelligence Records System (CIRS)
System of Records.
SECURITY CLASSIFICATION:

Unclassified, Sensitive, For Official
Use Only, Law Enforcement-Sensitive,
and Classified.
SYSTEM LOCATION:

CBP maintains CIRS records at the
CBP Headquarters in Washington, DC
and field offices. CBP uses the
Analytical Framework for Intelligence
(AFI) and the Intelligence Reporting
System (IRS) to facilitate the
development of finished intelligence
products and maintain a repository of
intelligence information records.
Records may also be stored on paper
within the Office of Intelligence (OI),
the National Targeting Center, or in CBP
field offices.
SYSTEM MANAGER:

Assistant Commissioner for the Office
of Intelligence, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue
NW, Washington, DC 20229.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Title II of the Homeland Security Act
of 2002 (Pub. L. 107–296), as amended
by the Intelligence Reform and
Terrorism Prevention Act of 2004 (Pub.
L. 108–458, 118 Stat. 3638); the Trade
Facilitation and Trade Enforcement Act
of 2015 (Pub. L. 114–125); the Tariff Act
of 1930, as amended; the Immigration
and Nationality Act (‘‘INA’’), 8 U.S.C.

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1101, et seq.; the Implementing
Recommendations of the 9/11
Commission Act of 2007 (Pub. L. 110–
53); the Antiterrorism and Effective
Death Penalty Act of 1996 (Pub. L. 104–
132, 110 Stat. 1214); the SAFE Port Act
of 2006 (Pub. L. 109–347); the Aviation
and Transportation Security Act of 2001
(Pub. L. 107–71); 6 U.S.C. 202; and 6
U.S.C. 211.
PURPOSE(S) OF THE SYSTEM:

This system of records describes
CBP’s collection and consolidation of
information from multiple sources,
including law enforcement agencies and
agencies of the U.S. Intelligence
Community, in order to enhance CBP’s
ability to: Identify, apprehend, or
prosecute individuals who pose a
potential law enforcement or security
risk; aid in the enforcement of the
customs and immigration laws, and
other laws enforced by DHS at the
border; and enhance U.S. border
security.
CBP maintains intelligence
information to:
(a) Support CBP’s collection, analysis,
reporting, and distribution of law
enforcement, immigration
administration, terrorism, intelligence,
and homeland security information in
support of CBP’s law enforcement,
customs and immigration,
counterterrorism, national security, and
other homeland security missions.
(b) Produce law enforcement
intelligence reporting that provides
actionable information to CBP’s law
enforcement and immigration
administration personnel and to other
appropriate government agencies.
(c) Enhance the efficiency and
effectiveness of the research and
analysis process for DHS law
enforcement, immigration, and
intelligence personnel through
information technology tools that
provide for advanced search and
analysis of various datasets.
(d) Identify potential criminal
activity, violations of federal law, and
threats to homeland security; provide
overall situational awareness for the
CBP enterprise; to uphold and enforce
the law; and to ensure public safety.

conducted by other federal, state, tribal,
territorial, local, or foreign agencies
when there is a potential nexus to
national security, CBP’s law
enforcement responsibilities, or
homeland security in general;
3. Individuals known or appropriately
suspected to be or have been engaged in
conduct constituting, in preparation for,
in aid of, or related to terrorism;
4. Individuals involved in, associated
with, or who have reported suspicious
activities, threats, or other incidents
reported by domestic and foreign
government agencies, multinational or
non-governmental organizations, critical
infrastructure owners and operators,
private sector entities and organizations,
and individuals;
5. Individuals not implicated in
activities in violation of laws enforced
or administered by CBP, but with
pertinent knowledge of some
circumstance of a case or record subject.
Such records may contain any
information, including personal
identification data, that may assist CBP
in discharging its responsibilities
generally (e.g., information which may
assist in identifying and locating such
individuals);
6. Individuals who are the subjects of
or otherwise identified in classified or
unclassified intelligence reporting
received or reviewed by CBP OI;
7. Individuals identified in law
enforcement, intelligence, crime, and
incident reports (including financial
reports under the Bank Secrecy Act and
law enforcement bulletins) produced by
DHS and other government agencies;
8. Individuals identified in U.S. visa,
border, immigration, and naturalization
benefit data, including arrival and
departure data;
9. Individuals identified in DHS law
enforcement and immigration records;
10. Individuals not authorized to
work in the United States;
11. Individuals whose passports have
been lost or stolen; and
12. Individuals identified in any
publicly available or commercially
available information source such as
news reports, property records, and
social media postings.

CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of individuals covered by
this system include the following:
1. Individuals (e.g., subjects,
witnesses, associates, informants)
associated with border security,
immigration or customs enforcement, or
other law enforcement investigations/
activities conducted by CBP;
2. Individuals associated with law
enforcement investigations or activities

Categories of records in this system
include information collected by CBP
for an intelligence purpose that is not
covered by an existing DHS SORN and
finished intelligence products. This
information may include:
1. Biographic information (e.g., name,
date of birth, Social Security number,
alien registration number, citizenship/
immigration status, passport

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information, addresses, phone
numbers);
2. Records of immigration
enforcement activities or law
enforcement investigations/activities;
3. Information (including documents
and electronic data) collected by CBP
from or about individuals during
investigative activities and border
searches;
4. Records of immigration
enforcement activities and law
enforcement investigations/activities
that have a possible nexus to CBP’s law
enforcement and immigration
enforcement responsibilities or
homeland security in general;
5. Law enforcement, intelligence,
crime, and incident reports (including
financial reports under the Bank
Secrecy Act and law enforcement
bulletins) produced by DHS and other
government agencies;
6. U.S. visa, border, immigration, and
naturalization benefit data, including
arrival and departure data;
7. Terrorist watchlist information and
other terrorism-related information
regarding threats, activities, and
incidents;
8. Lost and stolen passport data;
9. Records pertaining to known or
suspected terrorists, terrorist incidents,
activities, groups, and threats;
10. CBP-generated intelligence
requirements, analysis, reporting, and
briefings;
11. Information from investigative and
intelligence reports prepared by law
enforcement agencies and agencies of
the U.S. foreign intelligence community;
12. Articles, public-source data
(including information from social
media), commercially available
information, and other published
information on individuals and events
of interest to CBP;
13. Audio and video records retained
in support of CBP’s law enforcement,
national security, or other homeland
security missions;
14. Records and information from
government data systems or retrieved
from commercial data providers in the
course of intelligence research, analysis,
and reporting, including records of
property ownership;
15. Reports of suspicious activities,
threats, or other incidents generated by
CBP or third parties;
16. Additional information about
confidential sources or informants; and
17. Metadata, which may include but
is not limited to transaction date, time,
location, and frequency.
RECORD SOURCE CATEGORIES:

Federal, state, local, territorial, tribal,
or other domestic agencies, foreign

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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.
CBP will abide by the safeguards,
retention schedules, and dissemination
requirements of DHS source system
SORNs to the extent those systems are
applicable and the information is not
incorporated into a finished intelligence
product. For additional information,
please see the Privacy Impact
Assessment for the Analytical
Framework for Intelligence and the
forthcoming Privacy Impact Assessment
for the Intelligence Reporting System.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:

Source data are to be handled
consistent with the published system of
records notice as noted in ‘‘Source
Category Records.’’ Source data that is
not part of or incorporated into a
finished intelligence product, a
response to a request for information
(RFI), project, or the index shall not be
disclosed external to DHS. The routine
uses below apply only to finished
intelligence products, responses to RFIs,
projects, and responsive compilations of
the index and only as explicitly stated
in each routine use.
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 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

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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.

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I. To a federal, state, territorial, tribal,
local, international, or foreign
government agency or entity for the
purpose of consulting with that agency
or entity: (1) To assist in making a
determination regarding redress for an
individual in connection with the
operations of a DHS component or
program; (2) for the purpose of verifying
the identity of an individual seeking
redress in connection with the
operations of a DHS component or
program; or (3) for the purpose of
verifying the accuracy of information
submitted by an individual who has
requested such redress on behalf of
another individual.
J. To a former employee of DHS, in
accordance with applicable regulations,
for purposes of responding to an official
inquiry by a federal, state, or local
government entity or professional
licensing authority; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes when the Department requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
K. To an appropriate federal, state,
local, tribal, foreign, or international
agency, if the information is relevant
and necessary to the agency’s decision
concerning the hiring or retention of an
individual or the issuance, grant,
renewal, suspension, or revocation 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 receiving the information.
L. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations for the purpose of
protecting the vital interests of a data
subject or other persons, including to
assist such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease or to combat other significant
public health threats; appropriate notice
will be provided of any identified health
risk.
M. 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

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moral, educational, or professional
qualifications of an individual who is
licensed or who is seeking to become
licensed.
N. To a federal, state, tribal, local, or
foreign government agency or
organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence
information, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing, or implementing
civil or criminal laws, related rules,
regulations or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence.
O. 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 when
DHS determines that the information
would assist in the enforcement of civil,
criminal, or regulatory laws.
P. To third parties during the course
of an investigation by DHS, a
proceeding within the purview of the
immigration and nationality laws, or a
matter under DHS’s jurisdiction, 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.
Q. 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.
R. To federal and foreign government
intelligence or counterterrorism
agencies when DHS reasonably believes
there to be a threat or potential threat to
national or international security for
which the information may be useful in
countering the threat or potential threat,
when DHS reasonably believes such use
is to assist in anti-terrorism efforts, and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
S. To an organization or individual in
either the public or private sector, either
foreign or domestic, when 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

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protection of life or property and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
T. To the Department of State in the
processing of petitions or applications
for benefits under the Immigration and
Nationality Act, and all other
immigration and nationality laws
including treaties and reciprocal
agreements.
U. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations, with the approval of the
Chief Privacy Officer, when DHS is
aware of a need to use relevant data for
purposes of testing new technology and
systems designed to enhance national
security or identify other violations of
law.
V. 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/CBP stores records in this
system electronically or on paper in
secure facilities in a locked drawer
behind a locked door. The records may
be stored on magnetic disc, tape, and
digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

DHS/CBP may retrieve records by
personal identifiers such as but not
limited to name, alien registration
number, phone number, address, Social
Security number, or passport number.
DHS/CBP may retrieve records by nonpersonal information such as
transaction date, entity/institution
name, description of goods, value of
transactions, and other information.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

To the extent that CBP accesses and
incorporates information from other
DHS systems of records as sources of
information for finished intelligence
products, CBP will abide by the
safeguards, retention schedules, and
dissemination requirements of those

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Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices
underlying source systems of record.
For additional information, please see
the Privacy Impact Assessment for the
Analytical Framework for Intelligence
and the forthcoming Privacy Impact
Assessment for the Intelligence
Reporting System.
Consistent with the DHS N1–563–07–
016 records schedule, CBP will retain
information consistent with the same
retention requirements of the DHS
Office of Intelligence and Analysis:
1. Dissemination Files and Lists: CBP
will retain finished and current
intelligence report information
distributed to support the Intelligence
Community, DHS Components, and
federal, state, local, tribal, and foreign
Governments and includes contact
information for the distribution of
finished and current intelligence reports
for two (2) years.
2. Raw Reporting Files: CBP will
retain raw, unevaluated information on
threat reporting originating from
operational data and supporting
documentation that are not covered by
an existing DHS system of records for
thirty (30) years.
3. Finished Intelligence Case Files:
CBP will retain finished intelligence
and associated background material for
products such as Warning Products
identifying imminent homeland security
threats, Assessments providing
intelligence analysis on specific topics,
executive products providing
intelligence reporting to senior
leadership, intelligence summaries
about current intelligence events, and
periodic reports containing intelligence
awareness information for specific
region, sector, or subject/area of interest
as permanent records and will transfer
the records to the National Archives and
Records Administration (NARA) after
twenty (20) years.
4. Requests for Information/Data
Calls: CBP will retain requests for
information and corresponding
research, responses, and supporting
documentation for ten (10) years.

jbell on DSKJLSW7X2PROD with NOTICES

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

DHS/CBP safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. DHS/CBP 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.

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RECORD ACCESS PROCEDURES:

The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act, and the
Judicial Redress Act if applicable,
because it is a law enforcement system.
However, DHS/CBP 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 CBP Freedom of
Information Act (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 FOIA Officer,
U.S. Department of Homeland Security,
Washington, DC 20528. 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
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
FOIA Officer, http://www.dhs.gov/foia
or (866) 431–0486. In addition, you
should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records;
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.

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80811

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 ‘‘Record
Access Procedures’’ above. For records
not covered by the Privacy Act or JRA,
individuals may submit an inquiry to
the DHS Traveler Redress Inquiry
Program (DHS TRIP) at https://
www.dhs.gov/dhs-trip or the CBP INFO
CENTER at www.help.cbp.gov or (877)
227–5511 (international callers may use
(202) 325–8000 and TTY users may dial
(866) 880–6582).
NOTIFICATION PROCEDURES:

See ‘‘Record Access Procedures.’’
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) 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).
Additionally, the Secretary of Homeland
Security, pursuant to 5 U.S.C. 552a(k)(1)
and (k)(2), has exempted this system
from the following provisions of the
Privacy Act, 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), and (e)(4)(H); (e)(4)(I),
and (f). When this system receives a
record from another system exempted in
that source system under 5 U.S.C.
552a(k)(1); (k)(2); or (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:

*

82 FR 44198 (September 21, 2017).
*
*
*
*

Constantina Kozanas,
Chief Privacy Officer, U.S. Department of
Homeland Security.
[FR Doc. 2020–27446 Filed 12–11–20; 8:45 am]
BILLING CODE 9111–14–P

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