81 FR 45523 - Privacy Act of 1974; Department of Homeland Security/U.S. Immigration and Customs Enforcement-014 Homeland Security Investigations Forensic Laboratory System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 135 (July 14, 2016)

Page Range		45523-45527
FR Document		2016-16587

In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to update and reissue a current DHS system of records titled, ``Department of Homeland Security/U.S. Immigration and Customs Enforcement-014 Homeland Security Investigations Forensic Laboratory (HSI-FL) System of Records.'' This system of records allows the DHS/U.S. Immigration and Customs Enforcement (ICE) to collect and maintain records by the HSI-FL. The HSI-FL is a U.S. crime laboratory specializing in scientific authentication; forensic examination; research, analysis, and training related to travel and identity documents; latent and patent finger and palm prints; and audio and video files in support of law enforcement investigations and activities by DHS and other agencies. As a result of a biennial review of this system, DHS/ICE is updating this system of records notice to include minor changes that were made to make the wording consistent with the routine uses of other ICE System of Records Notice (SORN) and in accordance with Appendix I to the Office of Management and Budget (OMB) Circular A-130, Federal Agency Responsibilities for Maintaining Records About Individuals. DHS/ICE made minor changes to: Routine Use G that supports ICE's sharing of information with domestic and international law enforcement agencies when there is a violation, or potential criminal, civil, or regulatory violation of law, rule, regulation, or order; Routine Use H that supports parties involved in court litigation when DHS is a party or has an interest; Routine Use V that supports DHS in making a determination regarding redress for an individual; and the retention and disposal section has been updated to note that the current approved ICE records disposition authority states that all case files, other than war crime cases be destroyed five years after the date of completion of the forensic examination. War crime cases are unscheduled at this time, and thus deemed permanent records. In addition, a new schedule is currently being reviewed and once approved will provide lengthier retention periods than the current schedule. ICE is proposing that case files related to significant cases such as war crimes, terrorism, and homicide cases should be retained at ICE for 20 years after completion of the investigation and all actions based thereon, and then transferred to the National Archives for permanent retention. Once the schedules are approved the SORN will be updated to reflect the changes. The exemptions for the existing SORN will continue to be unchanged. This updated system will be included in DHS's inventory of record systems.

Federal Register, Volume 81 Issue 135 (Thursday, July 14, 2016)

[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45523-45527]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16587]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0041]


Privacy Act of 1974; Department of Homeland Security/U.S. 
Immigration and Customs Enforcement-014 Homeland Security 
Investigations Forensic Laboratory System of Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of amendment of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to update and reissue a current DHS 
system of records titled, ``Department of Homeland Security/U.S. 
Immigration and Customs Enforcement-014 Homeland Security 
Investigations Forensic Laboratory (HSI-FL) System of Records.'' This 
system of records allows the DHS/U.S. Immigration and Customs 
Enforcement (ICE) to collect and maintain records by the HSI-FL. The 
HSI-FL is a U.S. crime laboratory specializing in scientific 
authentication; forensic examination; research, analysis, and training 
related to travel and identity documents; latent and patent finger and 
palm prints; and audio and video files in support of law enforcement 
investigations and activities by DHS and other agencies. As a result of 
a biennial review of this system, DHS/ICE is updating this system of 
records notice to include minor changes that were made to make the 
wording consistent with the routine uses of other ICE System of Records 
Notice (SORN) and in accordance with Appendix I to the Office of 
Management and Budget (OMB) Circular A-130, Federal Agency 
Responsibilities for Maintaining Records About Individuals. DHS/ICE 
made minor changes to: Routine Use G that supports ICE's sharing of 
information with domestic and international law enforcement agencies 
when there is a violation, or potential criminal, civil, or regulatory 
violation of law, rule, regulation, or order; Routine Use H that 
supports parties involved in court litigation when DHS is a party or 
has an interest; Routine Use V that supports DHS in making a 
determination regarding redress for an individual; and the retention 
and disposal section has been updated to note that the current approved 
ICE records disposition authority states that all case files, other 
than war crime cases be destroyed five years after the date of 
completion of the forensic examination. War crime cases are unscheduled 
at this time, and thus deemed permanent records.
    In addition, a new schedule is currently being reviewed and once 
approved will provide lengthier retention periods than the current 
schedule. ICE is proposing that case files related to significant cases 
such as war crimes, terrorism, and homicide cases should be retained at 
ICE for 20 years after completion of the investigation and all actions 
based thereon, and then transferred to the National Archives for 
permanent retention. Once the schedules are approved the SORN will be 
updated to reflect the changes. The exemptions for the existing SORN 
will continue to be unchanged. This updated system will be included in 
DHS's inventory of record systems.

DATES: Submit comments on or before August 15, 2016. This updated 
system will be effective August 15, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0041 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: Karen L. Neuman, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name 
and docket number 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, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Lyn Rahilly, Privacy Officer, (202) 732-3300, U.S. Immigration and 
Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington, 
DC 20536, email: [email protected]. For privacy questions, please 
contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS), U.S. Immigration and Customs 
Enforcement (ICE) proposes to update and reissue a current DHS system 
of records titled, ``DHS/ICE-014 Homeland Security Investigations 
Forensic Laboratory System of Records.''
    The Homeland Security Investigations Forensic Laboratory (HSI-FL) 
is an accredited crime laboratory located within ICE's Office of 
Homeland Security Investigations (HSI) that provides a broad range of 
forensic, intelligence, and investigative support services for ICE, 
DHS, and many other U.S. and foreign law enforcement agencies. The HSI-
FL is the only U.S. crime laboratory specializing in scientific 
authentication; forensic examination; research, analysis, and training 
related to travel and identity documents; latent and patent finger and 
palm prints; and audio and video files

[[Page 45524]]

in support of law enforcement investigations and activities by DHS and 
other agencies.
    As a result of a biennial review of this system, DHS/ICE is 
updating this SORN to include minor changes to make the wording 
consistent with the routine uses of other ICE SORNs and in accordance 
with Appendix I to OMB Circular A-130, Federal Agency Responsibilities 
for Maintaining Records About Individuals. DHS/ICE made minor changes 
to routine use G to support ICE's sharing of information with domestic 
and international law enforcement agencies when there is a violation, 
or potential criminal, civil, or regulatory violation of rule, 
regulation, or order; routine use H to support parties involved in 
litigation before a court or adjudicative body when DHS is a party or 
has an interest; and routine use V to support DHS in making a 
determination regarding redress for an individual. These changes are 
not intended to alter the purpose of these routine uses but to ensure 
that ICE's SORNs are using consistent and clear routine use language. 
Finally, the retention and disposal section has been updated to note 
the current approved ICE records disposition authority states that all 
case files, other than war crime cases, be destroyed five years after 
the date of completion of the forensic examination. War crime cases are 
unscheduled records at this time, and thus deemed permanent records 
until a retention period has been approved by the National Archivist.
    In addition, a new schedule is currently being reviewed and once 
approved will provide lengthier retention periods than the current 
schedule. ICE is proposing that case files related to significant cases 
such as war crimes, terrorism, and homicide cases should be retained at 
ICE for 20 years after completion of the investigation and all actions 
based thereon, and then transferred to the National Archives for 
permanent retention. Once the schedules are approved the SORN will be 
updated to reflect the changes.
    DHS/ICE issued a Final Rule to exempt this system of records from 
certain provisions of the Privacy Act on April 2, 2014 (79 FR 18441). 
These regulations remain in effect. This updated 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. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/ICE-014 Homeland Security 
Investigations Forensic Laboratory 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 of Records
    Department of Homeland Security (DHS)/U.S. Immigration and Customs 
Enforcement (ICE)-014.

System name:
    DHS/ICE-014 Homeland Security Investigations Forensic Laboratory 
(HSI-FL).

Security classification:
    Law enforcement sensitive.

System location:
    Records are maintained at U.S. Immigration and Customs Enforcement 
Headquarters in Washington, DC and in field offices, and electronic 
records are maintained in Laboratory Information Management System 
(LIMS), Imaged Documents & Exemplars Library (IDEAL), and other IT 
systems.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
    1. Individuals whose information is contained on United States or 
international travel and identity documents, such as driver's licenses, 
passports, and other forms of identification, that are maintained in 
the HSI-FL Library;
    2. Individuals whose information is contained on United States or 
international travel and identity documents, such as driver's licenses, 
passports, and other forms of identification, that are provided to the 
HSI-FL for forensic examination during a criminal or administrative law 
enforcement investigation;
    3. Individuals who are the subjects of current or previous law 
enforcement investigations by other domestic or foreign agencies where 
the HSI-FL is providing support and assistance;
    4. Individuals who are the subjects of current or previous law 
enforcement investigations into violations of U.S. customs and 
immigration laws, as well as other laws and regulations within ICE's 
jurisdiction, including investigations led by other domestic or foreign 
agencies, where the HSI-FL is providing support and assistance; and
    5. Individuals whose image or voice may be captured on video or 
audio files when the HSI-FL is provided the file to perform technical 
enhancements of the file.

Categories of records in the system:
    Categories of records in this system include:
    1. Biographic, descriptive, historical, and other identifying data, 
including: Names; photographs; fingerprint identification number; date 
and place of birth; passport and other travel document information; 
nationality; aliases; Alien Registration Number (A-Number); Social 
Security number; other identification numbers, contact or location 
information (e.g., known or possible addresses, phone numbers); visa 
information; employment, educational, immigration, and criminal 
history; height, weight, eye color, hair color, and other unique 
physical characteristics (e.g., scars and tattoos).
    2. Fingerprints or palm prints of individuals whose information is 
provided to the HSI-FL for forensic examination.
    3. Case-related data, including: Case number, record number, and 
other data describing an event involving alleged violations of criminal 
or immigration law (such as, location, date, time, event category 
(event categories describe broad categories of criminal law 
enforcement, such as immigration worksite enforcement, contraband 
smuggling, and human trafficking)); types of criminal or immigration 
law violations alleged; types of property involved; use of violence, 
weapons, or assault against DHS personnel or third parties; attempted 
escape; and other related information. ICE case management information, 
including: Case category; case agent; date initiated; and date 
completed.
    4. Birth, marriage, education, employment, travel, and other 
information derived from affidavits, certificates, manifests, and other 
documents presented to or collected by

[[Page 45525]]

ICE during immigration and law enforcement proceedings or activities. 
This data typically pertains to subjects, relatives, and witnesses.
    5. Data concerning personnel of other agencies that arrested, or 
assisted or participated in the arrest or investigation of, or are 
maintaining custody of an individual whose arrest record is contained 
in this system of records. This can include: name; title; agency name; 
address; telephone number; and other information.

Authority for maintenance of the system:
    8 U.S.C. 1103, 18 U.S.C. 496, 18 U.S.C. 911, 18 U.S.C. 1001, 18 
U.S.C. 1028, 18 U.S.C. 1425, 18 U.S.C. 1426, 18 U.S.C. 1427, 18 U.S.C. 
1541, 18 U.S.C. 1543, and 18 U.S.C. 1546.

Purpose(s):
    The purposes of this system are to:
    1. Maintain records related to the scientific authentication, 
examination, research, and analysis of travel and identity documents, 
fingerprints, and palm prints in accordance with established laboratory 
policies and procedures, scientific principles, and accreditation 
standards.
    2. Maintain a library of travel and identity documents and 
associated reference materials for use in forensic examinations, 
investigations, training, and other activities.
    3. Support the forensic examinations on a full range of documents, 
including but not limited to, passports, visas, driver's licenses, 
identification cards, border crossing cards, handwritten documents, 
vital records, and typewritten documents. The analysis may include, but 
is not limited to, an examination of handwriting, hand printing, 
typewriting, printing processes, security features, papers, inks, and 
stamp impressions.
    4. Maintain records facilitating the preparation of written 
laboratory reports and delivery of expert witness testimony in legal 
proceedings.
    5. Support the provision of training in fraudulent document 
detection, creation of document intelligence alerts and reference 
guides, and provision of direct assistance to federal, state and local 
agencies, as well as foreign governments and commercial entities to 
combat document fraud.
    6. Provide assistance within ICE and to domestic and foreign 
agencies to support the identification and arrest of individuals (both 
citizens and non-citizens) who commit violations of law.
    7. To identify potential criminal activity, immigration violations, 
and threats to homeland security; to uphold and enforce the law; and to 
ensure public safety.

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 (DOJ) (including offices of the 
United States Attorneys) or other federal agency conducting litigation 
or proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; 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 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, 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. When a record, either on its face or in conjunction with other 
information, indicates a violation or potential violation of law, rule, 
regulation, or order, which includes criminal, civil, or regulatory 
violations, and such disclosure is proper and consistent with the 
official duties of the person making the disclosure, a disclosure may 
be made to the appropriate federal, state, local, tribal, territorial, 
international, or foreign law enforcement agencies or other appropriate 
authorities charged with investigating or prosecuting a violation or 
enforcing or implementing such law, rule, regulation, or order.
    H. To courts, magistrates, administrative tribunals, opposing 
counsel, parties, and witnesses, in the course of immigration, civil, 
or criminal proceedings (including discovery, presentation of evidence, 
and settlement negotiations) and when DHS determines that use of such 
records is relevant and necessary to the litigation before a court or 
adjudicative body when any of the following is a party to or have an 
interest in the 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 the government has agreed to represent the employee; or
    4. The United States, when DHS determines that litigation is likely 
to affect DHS or any of its components.
    I. To federal, state, local, tribal, territorial, or foreign 
government agencies, as well as to other individuals and organizations 
during the course of an investigation by DHS or the processing of a 
matter under DHS's jurisdiction, or during a proceeding within the 
purview of the immigration and nationality laws, when DHS deems that 
such disclosure is necessary to carry out its functions and statutory 
mandates or to elicit information required by DHS to carry out its 
functions and statutory mandates.

[[Page 45526]]

    J. To federal, state, local, tribal, or territorial government 
agencies seeking to verify or ascertain the citizenship or immigration 
status of any individual within the jurisdiction of the agency for any 
purpose authorized by law.
    K. To federal, state, local, tribal, or territorial government 
agencies, or other 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 national security, intelligence, counterintelligence, or 
antiterrorism activities authorized by U.S. law, Executive Order, or 
other applicable national security directive.
    L. To federal, state, local, tribal, territorial, or foreign 
government agencies or organizations, or international organizations, 
lawfully engaged in collecting law enforcement intelligence, whether 
civil or criminal, to enable these entities to carry out their law 
enforcement responsibilities, including the collection of law 
enforcement intelligence.
    M. To international, foreign, intergovernmental, and multinational 
government agencies, authorities, and organizations in accordance with 
law and formal or informal international arrangements.
    N. To federal and foreign government intelligence or 
counterterrorism agencies or components when DHS becomes aware of an 
indication of a threat or potential threat to national or international 
security, or when such disclosure is to support the conduct of national 
intelligence and security investigations or to assist in anti-terrorism 
efforts.
    O. To federal, state, local, tribal, territorial, or foreign 
government agencies or entities or multinational government agencies 
when DHS desires to exchange relevant data for the purpose of 
developing, testing, or implementing new software or technology whose 
purpose is related to this system of records.
    P. To federal, state, local, territorial, tribal, international, or 
foreign criminal, civil, or regulatory law enforcement authorities when 
the information is necessary for collaboration, coordination, and de-
confliction of investigative matters, prosecutions, and/or other law 
enforcement actions to avoid duplicative or disruptive efforts, and to 
ensure the safety of law enforcement officers who may be working on 
related law enforcement matters.
    Q. 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; or when the Department of State requires 
information to consider and/or provide an informed response to a 
request for information from a foreign, international, or 
intergovernmental agency, authority, or organization about an alien or 
an enforcement operation with transnational implications.
    R. To the Department of State to provide read-only access of 
records maintained in the Imaged Documents and Exemplars Library to 
assist the Department of State with its validation of travel and 
identity documents.
    S. To federal, state, local, tribal, territorial, or foreign 
government agencies for purposes of completing and providing results of 
requested forensic examinations to the requesting agency.
    T. To the Department of Justice (including offices of the United 
States Attorneys) or other federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when necessary to assist in the development of such agency's legal and/
or policy position.
    U. To the U.S. Senate Committee on the Judiciary or the U.S. House 
of Representatives Committee on the Judiciary when necessary to inform 
members of Congress about an alien who is being considered for private 
immigration relief.
    V. To federal, state, local, tribal, territorial, international, or 
foreign government agencies or entities for the purpose of consulting 
with that agency or entity: (1) To assist in making a determination 
regarding redress for an individual in connection with the operations 
of a DHS component or program; (2) to verify the identity of an 
individual seeking redress in connection with the operations of a DHS 
component or program; or (3) to verify the accuracy of information 
submitted by an individual who has requested such redress on behalf of 
another individual.
    W. 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 or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS'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.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    ICE stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored in hard copy and electronically on magnetic disc, tape, 
digital media, and CD-ROM.

Retrievability:
    ICE may retrieve records by name; identification numbers including 
case or record number if applicable; other personal identification 
numbers including Alien Registration Number (A-Number), fingerprint 
identification number, and other personal identification numbers; and 
case related data and/or combination of other personal identifiers 
including, but not limited to, date of birth and nationality.

Safeguards:
    ICE safeguards records in this system in accordance with applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. Strict controls have been imposed 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.

Retention and disposal:
    The current approved ICE records disposition authority states that 
all case files not pertaining to war crimes be destroyed five years 
after the date of completion of the forensic examination. War crime 
case files are unscheduled at this time, and thus are deemed permanent 
records.
    A new records schedule is currently being reviewed, and once 
approved, will provide lengthier retention periods than the current 
schedule. ICE is proposing that case files related to significant cases 
such as war crimes, terrorism, and homicide cases should be retained at 
ICE for 20 years after completion of the investigation and all actions 
based thereon, and then transferred to the National Archives for 
permanent retention.
    Once the schedules are approved, the SORN will be updated to 
reflect the changes.

[[Page 45527]]

System Manager and address:
    U.S. Immigration and Customs Enforcement, Homeland Security 
Investigations Forensic Laboratory, Unit Chief, 8000 West Park Drive, 
McLean, VA 22102-3105.

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, DHS/ICE 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 ICE's Freedom of 
Information Act (FOIA) Officer, whose contact information can be found 
at http://www.dhs.gov/foia under ``Contacts.'' 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, 245 Murray Drive SW., Building 410, 
STOP-0655, Washington, DC 20528.
    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, as well as your 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 Freedom of Information Act 
Officer, http://www.dhs.gov/foia or 1-866-431-0486. 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.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and your request may be denied due to a 
lack of specificity or a lack of compliance with applicable 
regulations.

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

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

Record source categories:
    Records in the system are supplied by several sources. In general, 
ICE obtains information from federal, state, local, tribal, or foreign 
governments. More specifically, DHS/ICE-014 records are derived from 
the following sources: (a) Other federal, state, local, tribal, or 
foreign governments and government information systems; and (b) 
evidence, contraband, and other seized material.

Exemptions claimed 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); and (g). 
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(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), 
(e)(4)(H), (e)(4)(I); and (f). When a record received from another 
system has been 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 in accordance with this 
rule.

    Dated: June 23, 2016.
Karen L. Neuman
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-16587 Filed 7-13-16; 8:45 am]
 BILLING CODE 9111-28-P

Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices 45525

ICE during immigration and law ROUTINE USES OF RECORDS MAINTAINED IN THE compromise and prevent, minimize, or
enforcement proceedings or activities. SYSTEM, INCLUDING CATEGORIES OF USERS AND remedy such harm.
This data typically pertains to subjects, THE PURPOSES OF SUCH USES: F. To contractors and their agents,
relatives, and witnesses. In addition to those disclosures grantees, experts, consultants, and
5. Data concerning personnel of other generally permitted under 5 U.S.C. others performing or working on a
agencies that arrested, or assisted or 552a(b) of the Privacy Act, all or a contract, service, grant, cooperative
participated in the arrest or portion of the records or information agreement, or other assignment for DHS,
investigation of, or are maintaining contained in this system may be when necessary to accomplish an
custody of an individual whose arrest disclosed outside DHS as a routine use agency function related to this system of
record is contained in this system of pursuant to 5 U.S.C. 552a(b)(3) as records. Individuals provided
records. This can include: name; title; follows: information under this routine use are
agency name; address; telephone A. To the Department of Justice (DOJ) subject to the same Privacy Act
number; and other information. (including offices of the United States requirements and limitations on
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Attorneys) or other federal agency disclosure as are applicable to DHS
conducting litigation or proceedings officers and employees.
8 U.S.C. 1103, 18 U.S.C. 496, 18
before any court, adjudicative, or G. When a record, either on its face
U.S.C. 911, 18 U.S.C. 1001, 18 U.S.C.
administrative body, when it is relevant or in conjunction with other
1028, 18 U.S.C. 1425, 18 U.S.C. 1426, 18
or necessary to the litigation and one of information, indicates a violation or
U.S.C. 1427, 18 U.S.C. 1541, 18 U.S.C.
the following is a party to the litigation potential violation of law, rule,
1543, and 18 U.S.C. 1546.
or has an interest in such litigation: regulation, or order, which includes
PURPOSE(S): 1. DHS or any component thereof; criminal, civil, or regulatory violations,
The purposes of this system are to: 2. Any employee or former employee and such disclosure is proper and
1. Maintain records related to the of DHS in his/her official capacity; consistent with the official duties of the
scientific authentication, examination, 3. Any employee or former employee person making the disclosure, a
research, and analysis of travel and of DHS in his/her individual capacity disclosure may be made to the
identity documents, fingerprints, and when DOJ or DHS has agreed to appropriate federal, state, local, tribal,
palm prints in accordance with represent the employee; or territorial, international, or foreign law
established laboratory policies and 4. The United States or any agency enforcement agencies or other
procedures, scientific principles, and thereof. appropriate authorities charged with
accreditation standards. B. To a congressional office from the investigating or prosecuting a violation
2. Maintain a library of travel and record of an individual in response to or enforcing or implementing such law,
identity documents and associated an inquiry from that congressional office rule, regulation, or order.
reference materials for use in forensic made at the request of the individual to H. To courts, magistrates,
examinations, investigations, training, whom the record pertains. administrative tribunals, opposing
and other activities. C. To the National Archives and counsel, parties, and witnesses, in the
3. Support the forensic examinations Records Administration (NARA) or course of immigration, civil, or criminal
on a full range of documents, including General Services Administration proceedings (including discovery,
but not limited to, passports, visas, pursuant to records management presentation of evidence, and settlement
driver’s licenses, identification cards, inspections being conducted under the negotiations) and when DHS determines
border crossing cards, handwritten authority of 44 U.S.C. 2904 and 2906. that use of such records is relevant and
documents, vital records, and necessary to the litigation before a court
D. To an agency or organization for
typewritten documents. The analysis or adjudicative body when any of the
the purpose of performing audit or
may include, but is not limited to, an following is a party to or have an
oversight operations as authorized by
examination of handwriting, hand
law, but only such information as is interest in the litigation:
printing, typewriting, printing
necessary and relevant to such audit or 1. DHS or any component thereof;
processes, security features, papers,
oversight function. 2. Any employee or former employee
inks, and stamp impressions.
4. Maintain records facilitating the E. To appropriate agencies, entities, of DHS in his/her official capacity;
preparation of written laboratory reports and persons when: 3. Any employee or former employee
and delivery of expert witness 1. DHS suspects or has confirmed that of DHS in his/her individual capacity
testimony in legal proceedings. the security or confidentiality of when the government has agreed to
5. Support the provision of training in information in the system of records has represent the employee; or
fraudulent document detection, creation been compromised; 4. The United States, when DHS
of document intelligence alerts and 2. DHS has determined that as a result determines that litigation is likely to
reference guides, and provision of direct of the suspected or confirmed affect DHS or any of its components.
assistance to federal, state and local compromise, there is a risk of identity I. To federal, state, local, tribal,
agencies, as well as foreign governments theft or fraud, harm to economic or territorial, or foreign government
and commercial entities to combat property interests, harm to an agencies, as well as to other individuals
document fraud. individual, or harm to the security or and organizations during the course of
6. Provide assistance within ICE and integrity of this system or other systems an investigation by DHS or the
to domestic and foreign agencies to or programs (whether maintained by processing of a matter under DHS’s
asabaliauskas on DSK3SPTVN1PROD with NOTICES

support the identification and arrest of DHS or another agency or entity) that jurisdiction, or during a proceeding
individuals (both citizens and non- rely upon the compromised within the purview of the immigration
citizens) who commit violations of law. information; and and nationality laws, when DHS deems
7. To identify potential criminal 3. The disclosure made to such that such disclosure is necessary to
activity, immigration violations, and agencies, entities, and persons is carry out its functions and statutory
threats to homeland security; to uphold reasonably necessary to assist in mandates or to elicit information
and enforce the law; and to ensure connection with DHS’s efforts to required by DHS to carry out its
public safety. respond to the suspected or confirmed functions and statutory mandates.

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45526 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices

J. To federal, state, local, tribal, or Nationality Act, and all other DISCLOSURE TO CONSUMER REPORTING
territorial government agencies seeking immigration and nationality laws AGENCIES:
to verify or ascertain the citizenship or including treaties and reciprocal None.
immigration status of any individual agreements; or when the Department of
POLICIES AND PRACTICES FOR STORING,
within the jurisdiction of the agency for State requires information to consider
RETRIEVING, ACCESSING, RETAINING, AND
any purpose authorized by law. and/or provide an informed response to DISPOSING OF RECORDS IN THE SYSTEM:
K. To federal, state, local, tribal, or a request for information from a foreign,
territorial government agencies, or other international, or intergovernmental STORAGE:
entities or individuals, or through agency, authority, or organization about ICE stores records in this system
established liaison channels to selected an alien or an enforcement operation electronically or on paper in secure
foreign governments, in order to provide with transnational implications. facilities in a locked drawer behind a
intelligence, counterintelligence, or R. To the Department of State to locked door. The records may be stored
other information for the purposes of provide read-only access of records in hard copy and electronically on
national security, intelligence, maintained in the Imaged Documents magnetic disc, tape, digital media, and
counterintelligence, or antiterrorism and Exemplars Library to assist the CD–ROM.
activities authorized by U.S. law, Department of State with its validation
Executive Order, or other applicable of travel and identity documents. RETRIEVABILITY:
national security directive. S. To federal, state, local, tribal, ICE may retrieve records by name;
L. To federal, state, local, tribal, territorial, or foreign government identification numbers including case or
territorial, or foreign government agencies for purposes of completing and record number if applicable; other
agencies or organizations, or providing results of requested forensic personal identification numbers
international organizations, lawfully examinations to the requesting agency. including Alien Registration Number
engaged in collecting law enforcement T. To the Department of Justice (A–Number), fingerprint identification
intelligence, whether civil or criminal, (including offices of the United States number, and other personal
to enable these entities to carry out their Attorneys) or other federal agency identification numbers; and case related
law enforcement responsibilities, conducting litigation or in proceedings data and/or combination of other
including the collection of law before any court, adjudicative, or personal identifiers including, but not
enforcement intelligence. administrative body, when necessary to limited to, date of birth and nationality.
M. To international, foreign, assist in the development of such
intergovernmental, and multinational agency’s legal and/or policy position. SAFEGUARDS:
government agencies, authorities, and U. To the U.S. Senate Committee on ICE safeguards records in this system
organizations in accordance with law the Judiciary or the U.S. House of in accordance with applicable rules and
and formal or informal international Representatives Committee on the policies, including all applicable DHS
arrangements. Judiciary when necessary to inform automated systems security and access
N. To federal and foreign government members of Congress about an alien policies. Strict controls have been
intelligence or counterterrorism who is being considered for private imposed to minimize the risk of
agencies or components when DHS immigration relief. compromising the information that is
becomes aware of an indication of a V. To federal, state, local, tribal, being stored. Access to the computer
threat or potential threat to national or territorial, international, or foreign system containing the records in this
international security, or when such government agencies or entities for the system is limited to those individuals
disclosure is to support the conduct of purpose of consulting with that agency who have a need to know the
national intelligence and security or entity: (1) To assist in making a information for the performance of their
investigations or to assist in anti- determination regarding redress for an official duties and who have appropriate
terrorism efforts. individual in connection with the clearances or permissions.
O. To federal, state, local, tribal, operations of a DHS component or
territorial, or foreign government program; (2) to verify the identity of an RETENTION AND DISPOSAL:

agencies or entities or multinational individual seeking redress in The current approved ICE records
government agencies when DHS desires connection with the operations of a DHS disposition authority states that all case
to exchange relevant data for the component or program; or (3) to verify files not pertaining to war crimes be
purpose of developing, testing, or the accuracy of information submitted destroyed five years after the date of
implementing new software or by an individual who has requested completion of the forensic examination.
technology whose purpose is related to such redress on behalf of another War crime case files are unscheduled at
this system of records. individual. this time, and thus are deemed
P. To federal, state, local, territorial, W. To the news media and the public, permanent records.
tribal, international, or foreign criminal, with the approval of the Chief Privacy A new records schedule is currently
civil, or regulatory law enforcement Officer in consultation with counsel, being reviewed, and once approved,
authorities when the information is when there exists a legitimate public will provide lengthier retention periods
necessary for collaboration, interest in the disclosure of the than the current schedule. ICE is
coordination, and de-confliction of information or when disclosure is proposing that case files related to
investigative matters, prosecutions, and/ necessary to preserve confidence in the significant cases such as war crimes,
or other law enforcement actions to integrity of DHS or is necessary to terrorism, and homicide cases should be
asabaliauskas on DSK3SPTVN1PROD with NOTICES

avoid duplicative or disruptive efforts, demonstrate the accountability of DHS’s retained at ICE for 20 years after
and to ensure the safety of law officers, employees, or individuals completion of the investigation and all
enforcement officers who may be covered by the system, except to the actions based thereon, and then
working on related law enforcement extent it is determined that release of transferred to the National Archives for
matters. the specific information in the context permanent retention.
Q. To the Department of State in the of a particular case would constitute an Once the schedules are approved, the
processing of petitions or applications unwarranted invasion of personal SORN will be updated to reflect the
for benefits under the Immigration and privacy. changes.

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Document Created: 2016-07-14 01:55:13
Document Modified: 2016-07-14 01:55:13

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of amendment of Privacy Act system of records.
Dates		Submit comments on or before August 15, 2016. This updated system will be effective August 15, 2016.
Contact		For general questions, please contact: Lyn Rahilly, Privacy Officer, (202) 732-3300, U.S. Immigration and Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington, DC 20536, email: [email protected] For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528- 0655.
FR Citation		81 FR 45523

81 FR 45523 - Privacy Act of 1974; Department of Homeland Security/U.S. Immigration and Customs Enforcement-014 Homeland Security Investigations Forensic Laboratory System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 81, Issue 135 (July 14, 2016)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary