83_FR_17908 83 FR 17829 - Privacy Act of 1974; System of Records

83 FR 17829 - Privacy Act of 1974; System of Records

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range17829-17833
FR Document2018-08453

In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to establish a new DHS system of records titled, ``Department of Homeland Security/ALL-041 External Biometric Records (EBR) System of Records.'' This system of records allows the DHS to receive, maintain, and disseminate biometric and associated biographic information from non-DHS entities, both foreign and domestic, for the following purposes pursuant to formal or informal information sharing agreements or arrangements (``external information''), or with the express approval of the entity from which the Department received biometric and associated biographic information: Law enforcement; national security; immigration screening; border enforcement; intelligence; national defense; and background investigations relating to national security positions, credentialing, and certain positions of public trust, consistent with applicable DHS authorities. Department of Homeland Security/ALL-041 External Biometric Records (EBR) System of Records (SOR) is one of two replacement system of records notices (SORN) for DHS/US-VISIT-001 DHS Automated Biometric Identification System (IDENT). This SORN applies to records provided to DHS by non-DHS entities that do not fall under existing Component/DHS SORNs. The other replacement for the IDENT SORN will be a forthcoming technical SORN focused on the technical aspects of the IDENT system. After the technical SORN is published, DHS will rescind the IDENT SORN by publishing a notice of rescindment in the Federal Register. Components are responsible for maintaining SORN coverage for biometric and associated biographic information collected by that Component. Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM) to exempt this system of records from certain provisions of the Privacy Act, elsewhere in the Federal Register. This newly established system will be included in the Department of Homeland Security's inventory of record systems.

Federal Register, Volume 83 Issue 79 (Tuesday, April 24, 2018) 
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17829-17833]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08453]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2017-0039]


Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to establish a new DHS system of 
records titled, ``Department of Homeland Security/ALL-041 External 
Biometric Records (EBR) System of Records.'' This system of records 
allows the DHS to receive, maintain, and disseminate biometric and 
associated biographic information from non-DHS entities, both foreign 
and domestic, for the following purposes pursuant to formal or informal 
information sharing agreements or arrangements (``external 
information''), or with the express approval of the entity from which 
the Department received biometric and associated biographic 
information: Law enforcement; national security; immigration screening; 
border enforcement; intelligence; national defense; and background 
investigations relating to national security positions, credentialing, 
and certain positions of public trust, consistent with applicable DHS 
authorities.
    Department of Homeland Security/ALL-041 External Biometric Records 
(EBR) System of Records (SOR) is one of two replacement system of 
records notices (SORN) for DHS/US-VISIT-001 DHS Automated Biometric 
Identification System (IDENT). This SORN applies to records provided to 
DHS by non-DHS entities that do not fall under existing Component/DHS 
SORNs. The other replacement for the IDENT SORN will be a forthcoming 
technical SORN focused on the technical aspects of the IDENT system. 
After the technical SORN is published, DHS will rescind the IDENT SORN 
by publishing a notice of rescindment in the Federal Register. 
Components are responsible for maintaining SORN coverage for biometric 
and associated biographic information collected by that Component.

[[Page 17830]]

    Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM) 
to exempt this system of records from certain provisions of the Privacy 
Act, elsewhere in the Federal Register. This newly established system 
will be included in the Department of Homeland Security's inventory of 
record systems.

DATES: Submit comments on or before May 24, 2018. This new system will 
be effective upon publication, with the exception of the routine uses, 
which will become effective May 24, 2018.

ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0039 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: Philip S. Kaplan, 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 DHS-2017-0039. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions and for privacy 
issues, please contact: Philip S. Kaplan, [email protected], (202) 
343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland 
Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In 2007, DHS published the IDENT SORN. Since then, the Department's 
Privacy Act framework and the IDENT information technology system have 
evolved as the Department has matured. DHS Component SORNs now govern 
the function and use of the biometrics records collected by each 
Component. The Department, however, still requires a SORN to cover 
biometrics received from non-DHS entities. Therefore, DHS is 
establishing DHS/ALL-041 External Biometric Records (EBR) System of 
Records, which governs the maintenance and use of biometrics and 
associated biographic information received from non-DHS entities that 
are not covered by an existing DHS Component SORNs. A forthcoming 
technical SORN will cover the limited information created by the IDENT 
system. Eventually, both this EBR SORN and the planned technical SORN 
will replace the IDENT SORN. In the meantime, to avoid any gap in SORN 
coverage for biometrics and associated biographic information, the EBR 
and IDENT SORNs will co-exist. After the technical SORN is published, 
DHS will rescind the IDENT SORN by publishing a notice of rescindment 
in the Federal Register.
    External information is collected by non-DHS entities, including 
the Department of Defense (DoD), the Department of Justice (DOJ), State 
and local law enforcement authorities, or foreign governments. External 
information shared with DHS includes biometric (e.g., latent 
fingerprints) and associated biographic information that may be used by 
DHS for the following purposes: Law enforcement; national security; 
immigration screening; border enforcement; intelligence; national 
defense; and background investigations relating to national security 
positions, credentialing, and certain positions of public trust, 
consistent with applicable DHS authorities.
    DHS also maintains this information to support its information 
sharing agreements and arrangements with foreign partners to: Prevent 
travelers from assuming different identities to fraudulently gain 
admission or immigration benefits; identify individuals who seek to 
enter the United States for unauthorized purposes; identify those who 
have committed serious crimes or violated immigration law; enable 
informed decisions on visas, admissibility, or other immigration 
benefits. Such sharing augments the law enforcement and border control 
efforts of both the United States and its partners. Additionally, DHS 
is using this information in concert with external partners to 
facilitate the screening of refugees in an effort to combat terrorist 
travel consistent with DHS's and Components' authorities.
    Consistent with DHS's mission, information covered by DHS/ALL-041 
EBR may be shared with DHS Components that have a need to know the 
information to carry out their national security, law enforcement, 
immigration, intelligence, or other homeland security functions. In 
addition, DHS may share information with appropriate Federal, State, 
local, tribal, territorial, foreign, or international government 
agencies from the providing external entity, consistent with any 
applicable laws, rules, regulations, and information sharing and access 
agreements or arrangements. DHS may share biometric and associated 
biographic information as permitted pursuant to an applicable Privacy 
Act authorized disclosure, including routine uses set forth in this 
SORN. Additionally, DHS is issuing a NPRM to exempt this system of 
records from certain provisions of the Privacy Act elsewhere in the 
Federal Register. This newly established system will be included in 
DHS's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. Additionally, the Judicial Redress Act (JRA) 
provides a statutory right to covered persons to make requests for 
access and amendment to covered records, as defined by the JRA, along 
with judicial review for denials of such requests. In addition, the JRA 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act.
    Below is the description of the DHS/ALL-041 External Biometric 
Records (EBR) 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:
    Department of Homeland Security (DHS)/ALL-041 External Biometric 
Records (EBR) System of Records.

SECURITY CLASSIFICATION:
    Unclassified, Sensitive. The data may be retained on classified 
networks but this does not change the nature and character of the data 
until it is combined with classified information.

SYSTEM LOCATION:
    Records are maintained at Data Center 1 at Stennis, Mississippi, 
Data Center 2 at Clarksville, Virginia, at the Office of Biometric 
Identity Management (OBIM) Headquarters in Washington, DC, and field 
offices. The records are maintained in the Information Technology (IT)

[[Page 17831]]

system, Automated Biometric Identification System (IDENT), also 
referred to as the Homeland Advanced Recognition Technology (HART).
    DHS replicates records from this operational IT system and 
maintains them in other IT systems connected on the DHS unclassified 
and classified networks.

SYSTEM MANAGER(S):
    System Manager, IDENT Program Management Office, OBIM, U.S. 
Department of Homeland Security, Washington, DC 20528; email: 
OBIMprivacy.ice.dhs.gov.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    6 U.S.C. 202 and 482; 8 U.S.C. 1103, 1105, 1158, 1159, 1187, 1201, 
1225, 1254a, 1254b, 1301-1305, 1324, 1357, 1360, 1365a, 1365b, 1372, 
1379, 1440f, 1537, 1721, 1722, 1731, and 1732; 14 U.S.C. 89, 95; 19 
U.S.C. 1589a; 42 U.S.C. 5197a; 44 U.S.C. 3544; 46 U.S.C. 70123; 49 
U.S.C. 114, 5103, 40103(b), 40113(a), 44903(b), 44936, 44939, and 
46105; 5 CFR part 731; 5 CFR part 732; 32 CFR 147.24; 8 CFR 214.1; 8 
CFR 235.1; E.O. 12968 (60 FR 40245), 3 CFR, 1995 Comp. p. 1365; 13764 
(82 FR 8115), Homeland Security Presidential Directive 12 (HSPD-12): 
Policy for a Common Identification Standard for Federal Employees and 
Contractors (Aug. 27, 2004); HSPD-11: Comprehensive Terrorist-Related 
Screening Procedures (Aug. 27, 2004); and National Security 
Presidential Directive/NSPD-59/HSPD-24: Biometrics for Identification 
and Screening to Enhance National Security (June 5, 2008).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to process and maintain biometric and 
associated biographic information from non-DHS entities, both foreign 
and domestic, for law enforcement, national security, immigration 
screening, border enforcement, intelligence, national defense, and 
background investigations relating to national security positions, 
credentialing, and certain positions of public trust, consistent with 
applicable DHS authorities. DHS may use and share these external 
biometric and associated biographic records for these same purposes, as 
permitted and approved by our partners, if applicable, pursuant to the 
agreement or arrangement.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by EBR include the individuals whose biometric 
and associated biographic information are collected by non-DHS entities 
for the following DHS purposes:
     Background checks and suitability screening;
     National security;
     Law enforcement operations (including individuals who are 
removed from a foreign country by a foreign partner government based on 
a criminal conviction);
     Intelligence;
     Border enforcement and immigration screening; and
     National defense.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information collected by a non-DHS entity and maintained in this 
system includes:
     Biometric data, including:
    [cir] Facial images;
    [cir] Fingerprints;
    [cir] Latent fingerprints;
    [cir] Iris images;
    [cir] Palm prints;
    [cir] Voice;
    [cir] Scars, marks, and tattoos;
    [cir] DNA or DNA Profile; and
    [cir] Other modalities.
     Biometric-associated biographic data including:
    [cir] Full name (i.e., first, middle, last, nicknames, and 
aliases);
    [cir] Date of birth (DOB);
    [cir] Gender;
    [cir] Personal physical details, such as height, weight, eye color, 
and hair color;
    [cir] Signature;
    [cir] Assigned number identifiers, such as, but not limited to, 
Alien Registration Number (A-Number), Social Security number (SSN), 
state identification number, civil record number, other agency system 
specific fingerprint record locator information, Federal Bureau of 
Investigation (FBI) Number (FNU)/Universal Control Number (UCN), 
Encounter Identification Number (EID), Finger Identification Number 
(FIN), DoD Biometric Identifier (DoD BID), Transaction Control Number 
(TCN), Global Unique Identifier (GUID), National Unique Identification 
Number (NUIN), document information and identifiers (e.g., passport and 
visa data, document type, document number, country of issuance), when 
available; and
    [cir] Identifiers for citizenship and nationality, including 
person-centric details, such as country of birth, country of 
citizenship, and nationality, when available.
     Derogatory information (DI), if applicable, including, 
wants and warrants, Known or Suspected Terrorist (KST) designation, 
sexual offender registration, foreign criminal convictions, and 
immigration violations, when available;
     Miscellaneous officer comment information, when available; 
and
     Encounter data, including location and circumstance of 
each instance resulting in biometric collection.

RECORD SOURCE CATEGORIES:
    EBR SOR receives biometric and associated biographic information 
from non-DHS entities that may be used by DHS for a wide array of 
purposes, including those listed in the purpose(s) of the system stated 
above. EBR maintains records in accordance with the terms of the 
agreements or arrangements under which partners provide the external 
information to DHS. Records from external Federal partners include 
information from the following non-DHS systems of records, last 
published at:
     JUSTICE/INTERPOL-001 INTERPOL-United States National 
Central Bureau (USNCB) Records System, 75 FR 27821 (May 18, 2010) 
[Note: records shared with DHS include: law enforcement, intelligence, 
and national security records];
     JUSTICE/DOJ-005 Nationwide Joint Automated Booking System, 
72 FR 3410 (Jan. 25, 2007), 71 FR 52821 (Sept. 7, 2006);
     JUSTICE/FBI-009 Next Generation Identification (NGI) 
System of Records (pending DOJ release);
     JUSTICE/FBI-019 Terrorist Screening Records System of 
Records, 76 FR 77847 (Dec. 14, 2011);
     A0025-2 SAIS DoD Defense Biometric Services, 74 FR 48237 
(Sept. 22, 2009);
     A0025-2 PMG (DFBA) DoD Defense Biometric Identification 
Records System, 80 FR 8292 (Feb. 17, 2015);
     STATE-39 Visa Records 60 FR 39469 (Oct. 25, 2012);
     STATE-36, Security Records 80 FR 77691 (Dec. 15, 2015).
    EBR SOR receives biometric and associated biographic information 
from foreign partners consistent with various international information 
sharing and access agreements or arrangements on file with DHS Office 
of Policy, International Affairs.
    EBR SOR receives biometric and associated biographic information 
from State and local partners consistent with various law enforcement 
information sharing and access agreements or arrangements.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information

[[Page 17832]]

contained in this system may be disclosed outside DHS as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including Offices of the 
U.S. Attorneys, or other federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any Component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 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 
and otherwise compatible with the purpose of collection 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 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.
    H. 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.
    I. To an appropriate Federal, State, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit, or if the information is relevant and 
necessary to a DHS decision concerning the hiring or retention of an 
employee, the issuance of a security clearance, the reporting of an 
investigation of an employee, the letting of a contract, or the 
issuance of a license, grant or other benefit and when disclosure is 
appropriate to the proper performance of the official duties of the 
person making the request.
    J. To a Federal, State, or local agency, or other appropriate 
entities or individuals, or through established liaison channels to 
selected foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by U.S. law, Executive Order (E.O.), or other applicable 
national security directive.
    K. To Federal and foreign government intelligence or 
counterterrorism agencies or Components 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, or when disclosure supports the conduct of 
national intelligence and security investigations or assists in anti-
terrorism efforts.
    L. To a foreign government to notify it concerning its citizens or 
residents who are incapacitated, unaccompanied minors, or deceased.
    M. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, with 
the approval of the Chief Privacy Officer, when DHS identifies a need 
to use relevant data for purposes of testing new technology.
    N. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS stores records in this system electronically in secure 
facilities protected through multi-layer security mechanisms and 
strategies that are physical, technical, administrative, and 
environmental in nature. The records may be stored on magnetic disc, 
tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by biometrics or select personal 
identifiers, including but not limited to names, identification 
numbers, dates of birth, nationality, document number, and address.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Record Schedule DAA-0563-2013-0001 for DHS's biometric and 
biographic records used for national security, law enforcement, 
immigration, and other functions consistent with DHS authorities has 
been approved by National Archives and Records Administration (NARA). 
EBR records include:
    1. Law Enforcement Records: Identification, investigation, 
apprehension, and/or removal of aliens unlawfully entering or present 
in the United States and facilitate legal entry of individuals into the 
United States, which must be destroyed or deleted 75

[[Page 17833]]

years after the end of the calendar year in which the data is gathered.
    2. Records related to the analysis of relationship patterns among 
individuals and organizations that are indicative of violations of the 
customs and immigration laws including possible terrorist threats from 
non-obvious relationships and specific leads and law enforcement 
intelligence for active and new investigations. These records must be 
destroyed or deleted 15 years after the end of calendar year of last 
use of individual's data.
    The latent biometric retention schedule is currently in development 
with OBIM Headquarters and will be submitted thereafter to NARA for 
approval.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS safeguards records in this system according to applicable rules 
and policies, including all applicable DHS automated systems security 
and access policies. DHS has imposed strict controls to minimize the 
risk of compromising the information that is being stored. Access to 
the computer system containing the records in this system is limited to 
those individuals who have a need to know the information for the 
performance of their official duties and who have appropriate 
clearances or permissions.

RECORD ACCESS PROCEDURES:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act, 
and consequently the Judicial Redress Act if applicable, because it is 
a law enforcement system. However, DHS will consider individual 
requests to determine whether or not information may be released. Thus, 
individuals seeking access to and notification of any record contained 
in this system of records, or seeking to contest its content, may 
submit a request in writing to the Chief Privacy Officer and 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 
herself, the individual may submit the request to the Chief Privacy 
Officer and Chief Freedom of Information Act Officer, Department of 
Homeland Security, Washington, DC 20528-0655. Even if neither the 
Privacy Act nor the Judicial Redress Act provide a right of access, 
certain records about the individual may be available under the Freedom 
of Information Act.
    When seeking records about one from this system of records or any 
other Departmental system of records, the request must conform with the 
Privacy Act regulations set forth in 6 CFR part 5. The individual must 
first verify his or her identity, meaning that he or she must provide 
his or her full name, current address, and date and place of birth. The 
individual must sign the request, and the 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, 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 believe the Department would have 
information being requested;
     Identify which Component(s) of the Department he or she 
believes may have the information;
     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 the request is seeking records pertaining to another living 
individual, the person seeking the records must include a statement 
from the subject individual certifying his/her agreement for the 
requestor to access his or her records.
    Without the above information, the Component(s) may not be able to 
conduct an effective search, and the 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, and 6 CFR part 5.

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), (c)(4); (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and (e)(8); (f); and (g)(1) 
through (5). Additionally, the Secretary of Homeland Security, pursuant 
to 5 U.S.C. 552a(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); and (f).
    Exemptions from these particular subsections are justified on a 
case-by-case basis determined at the time a request is made. When this 
system receives a record from another system exempted in that source 
system under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions 
for those records that are claimed for the original primary systems of 
records from which they originated and claim any additional exemptions 
set forth here.

HISTORY:
    Records in this System of Records were previously covered under 
DHS/US-VISIT-001 DHS Automated Biometric Identification System (IDENT), 
72 FR 31080 (June 5, 2007).

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-08453 Filed 4-23-18; 8:45 am]
BILLING CODE 9110-9B-P

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17829 In order to facilitate public attendance at DEPARTMENT OF HEALTH AND Dated: April 18, 2018. the open session of Council in the main HUMAN SERVICES Michelle D. Trout, meeting room, Conference Room 6, please Program Analyst, Office of Federal Advisory contact Ms. Lisa Kaeser, Program and Public National Institutes of Health Committee Policy. Liaison Office, NICHD, at 301–496–0536 to [FR Doc. 2018–08444 Filed 4–23–18; 8:45 am] make your reservation, additional seating National Heart, Lung, and Blood BILLING CODE 4140–01–P will be available in the meeting overflow Institute; Notice of Closed Meetings rooms, Conference Rooms 7 and 8. Individuals will also be able to view the Pursuant to section 10(d) of the DEPARTMENT OF HOMELAND meeting via NIH Videocast. Select the Federal Advisory Committee Act, as SECURITY following link for Videocast access amended, notice is hereby given of the instructions: http://www.nichd.nih.gov/ following meetings of the NHLBI [Docket No. DHS–2017–0039] about/advisory/nachhd/Pages/virtual- Special Emphasis Panel. meeting.aspx. Privacy Act of 1974; System of The meetings will be closed to the Records (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; public in accordance with the AGENCY: Department of Homeland 93.865, Research for Mothers and Children; provisions set forth in sections Security. 93.929, Center for Medical Rehabilitation 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., ACTION: Notice of a new system of Research; 93.209, Contraception and as amended. The contract proposals and records. Infertility Loan Repayment program, National the discussions could disclose Institutes of Health, HHS). confidential trade secrets or commercial SUMMARY: In accordance with the property such as patentable material, Privacy Act of 1974, the Department of Dated: April 18, 2018. and personal information concerning Homeland Security (DHS) proposes to Michelle D. Trout, establish a new DHS system of records individuals associated with the contract Program Analyst, Office of Federal Advisory proposals, the disclosure of which titled, ‘‘Department of Homeland Committee Policy. Security/ALL–041 External Biometric would constitute a clearly unwarranted [FR Doc. 2018–08447 Filed 4–23–18; 8:45 am] invasion of personal privacy. Records (EBR) System of Records.’’ This BILLING CODE 4140–01–P system of records allows the DHS to Name of Committee: National Heart, Lung, receive, maintain, and disseminate and Blood Institute Special Emphasis Panel; biometric and associated biographic Hispanic Community Health Study—Study information from non-DHS entities, both DEPARTMENT OF HEALTH AND of Latinos Coordinating Center. HUMAN SERVICES foreign and domestic, for the following Date: May 8, 2018. purposes pursuant to formal or informal National Institutes of Health Time: 9:00 a.m. to 9:30 a.m. information sharing agreements or Agenda: To review and evaluate contract arrangements (‘‘external information’’), National Library of Medicine Amended proposals. or with the express approval of the Notice of Meeting Place: National Institutes of Health, 6701 entity from which the Department Rockledge Drive, Room 7198, Bethesda, MD received biometric and associated Notice is hereby given of a change in 20892 (Telephone Conference Call). biographic information: Law the meeting of the Biomedical Contact Person: Kristin Goltry, Ph.D., enforcement; national security; Scientific Review Officer, Office of Scientific Informatics, Library and Data Sciences immigration screening; border Review/DERA, National Heart, Lung, and Review Committee, June 7, 2018, 8:00 enforcement; intelligence; national Blood Institute, 6701 Rockledge Drive, Room a.m. to 6:00 p.m., June 8, 2018, 8:00 a.m. defense; and background investigations 7198, Bethesda, MD 20892, 301–435–0297, to 6:00 p.m., Bethesda Hyatt, 1 Bethesda relating to national security positions, goltrykl@mail.nih.gov. Metro Center, Bethesda, MD 20814 credentialing, and certain positions of Name of Committee: National Heart, Lung, public trust, consistent with applicable which was published in the Federal and Blood Institute Special Emphasis Panel; Register on April 2, 2018, 83 FR 63, DHS authorities. Hispanic Community Health Study—Study Department of Homeland Security/ Page 14019. of Latinos Field Centers. ALL–041 External Biometric Records The meeting of the Biomedical Date: May 8, 2018. (EBR) System of Records (SOR) is one of Informatics, Library and Data Sciences Time: 9:30 a.m. to 12:00 p.m. two replacement system of records Review Committee (01) will be held on Agenda: To review and evaluate contract notices (SORN) for DHS/US–VISIT–001 June 7, 2018, 8:00 a.m. to 6:00 p.m. and proposals. DHS Automated Biometric June 8, 2018, 8:00 a.m. to 10:00 a.m. The Place: National Institutes of Health, 6701 Identification System (IDENT). This Biomedical Informatics, Library and Rockledge Drive, Room 7198, Bethesda, MD SORN applies to records provided to Data Sciences Review Committee (02) 20892 (Telephone Conference Call). DHS by non-DHS entities that do not Contact Person: Kristin Goltry, Ph.D., fall under existing Component/DHS will be held on June 8, 2018, 10:00 a.m. Scientific Review Officer, Office of Scientific SORNs. The other replacement for the to 3:00 p.m. The meeting is closed to the Review/DERA, National Heart, Lung, and IDENT SORN will be a forthcoming public. Blood Institute, 6701 Rockledge Drive, Room technical SORN focused on the Dated: April 18, 2018. 7198, Bethesda, MD 20892, 301–435–0297, technical aspects of the IDENT system. Michelle D. Trout, goltrykl@mail.nih.gov. After the technical SORN is published, daltland on DSKBBV9HB2PROD with NOTICES Program Analyst, Office of Federal Advisory (Catalogue of Federal Domestic Assistance DHS will rescind the IDENT SORN by Committee Policy. Program Nos. 93.233, National Center for publishing a notice of rescindment in [FR Doc. 2018–08442 Filed 4–23–18; 8:45 am] Sleep Disorders Research; 93.837, Heart and the Federal Register. Components are Vascular Diseases Research; 93.838, Lung responsible for maintaining SORN BILLING CODE 4140–01–P Diseases Research; 93.839, Blood Diseases coverage for biometric and associated and Resources Research, National Institutes biographic information collected by that of Health, HHS) Component. VerDate Sep<11>2014 19:07 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1

17830 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices Additionally, DHS is issuing a Notice system. Eventually, both this EBR SORN associated biographic information as of Proposed Rulemaking (NPRM) to and the planned technical SORN will permitted pursuant to an applicable exempt this system of records from replace the IDENT SORN. In the Privacy Act authorized disclosure, certain provisions of the Privacy Act, meantime, to avoid any gap in SORN including routine uses set forth in this elsewhere in the Federal Register. This coverage for biometrics and associated SORN. Additionally, DHS is issuing a newly established system will be biographic information, the EBR and NPRM to exempt this system of records included in the Department of IDENT SORNs will co-exist. After the from certain provisions of the Privacy Homeland Security’s inventory of technical SORN is published, DHS will Act elsewhere in the Federal Register. record systems. rescind the IDENT SORN by publishing This newly established system will be DATES: Submit comments on or before a notice of rescindment in the Federal included in DHS’s inventory of record May 24, 2018. This new system will be Register. systems. effective upon publication, with the External information is collected by non-DHS entities, including the II. Privacy Act exception of the routine uses, which will become effective May 24, 2018. Department of Defense (DoD), the The Privacy Act embodies fair Department of Justice (DOJ), State and information practice principles in a ADDRESSES: You may submit comments, local law enforcement authorities, or statutory framework governing the identified by docket number DHS– foreign governments. External means by which Federal Government 2017–0039 by one of the following information shared with DHS includes agencies collect, maintain, use, and methods: • Federal e-Rulemaking Portal: http:// biometric (e.g., latent fingerprints) and disseminate individuals’ records. The associated biographic information that Privacy Act applies to information that www.regulations.gov. Follow the may be used by DHS for the following is maintained in a ‘‘system of records.’’ instructions for submitting comments. • Fax: 202–343–4010. purposes: Law enforcement; national A ‘‘system of records’’ is a group of any • Mail: Philip S. Kaplan, Chief security; immigration screening; border records under the control of an agency Privacy Officer, Privacy Office, enforcement; intelligence; national from which information is retrieved by Department of Homeland Security, defense; and background investigations the name of an individual or by some Washington, DC 20528–0655. relating to national security positions, identifying number, symbol, or other Instructions: All submissions received credentialing, and certain positions of identifying particular assigned to the must include the agency name and public trust, consistent with applicable individual. In the Privacy Act, an docket number DHS–2017–0039. All DHS authorities. individual is defined to encompass U.S. comments received will be posted DHS also maintains this information citizens and lawful permanent without change to http:// to support its information sharing residents. Additionally, the Judicial www.regulations.gov, including any agreements and arrangements with Redress Act (JRA) provides a statutory personal information provided. foreign partners to: Prevent travelers right to covered persons to make Docket: For access to the docket to from assuming different identities to requests for access and amendment to read background documents or fraudulently gain admission or covered records, as defined by the JRA, comments received, go to http:// immigration benefits; identify along with judicial review for denials of www.regulations.gov. individuals who seek to enter the such requests. In addition, the JRA United States for unauthorized prohibits disclosures of covered records, FOR FURTHER INFORMATION CONTACT: For purposes; identify those who have general questions and for privacy issues, except as otherwise permitted by the committed serious crimes or violated Privacy Act. please contact: Philip S. Kaplan, immigration law; enable informed privacy@hq.dhs.gov, (202) 343–1717, Below is the description of the DHS/ decisions on visas, admissibility, or ALL–041 External Biometric Records Chief Privacy Officer, Privacy Office, other immigration benefits. Such Department of Homeland Security, (EBR) System of Records. sharing augments the law enforcement In accordance with 5 U.S.C. 552a(r), Washington, DC 20528. and border control efforts of both the DHS has provided a report of this SUPPLEMENTARY INFORMATION: United States and its partners. system of records to the Office of Additionally, DHS is using this Management and Budget and to I. Background information in concert with external Congress. In 2007, DHS published the IDENT partners to facilitate the screening of SORN. Since then, the Department’s refugees in an effort to combat terrorist SYSTEM NAME AND NUMBER: Privacy Act framework and the IDENT travel consistent with DHS’s and Department of Homeland Security information technology system have Components’ authorities. (DHS)/ALL–041 External Biometric evolved as the Department has matured. Consistent with DHS’s mission, Records (EBR) System of Records. DHS Component SORNs now govern the information covered by DHS/ALL–041 function and use of the biometrics EBR may be shared with DHS SECURITY CLASSIFICATION: records collected by each Component. Components that have a need to know Unclassified, Sensitive. The data may The Department, however, still requires the information to carry out their be retained on classified networks but a SORN to cover biometrics received national security, law enforcement, this does not change the nature and from non-DHS entities. Therefore, DHS immigration, intelligence, or other character of the data until it is combined is establishing DHS/ALL–041 External homeland security functions. In with classified information. Biometric Records (EBR) System of addition, DHS may share information Records, which governs the with appropriate Federal, State, local, SYSTEM LOCATION: daltland on DSKBBV9HB2PROD with NOTICES maintenance and use of biometrics and tribal, territorial, foreign, or Records are maintained at Data Center associated biographic information international government agencies from 1 at Stennis, Mississippi, Data Center 2 received from non-DHS entities that are the providing external entity, consistent at Clarksville, Virginia, at the Office of not covered by an existing DHS with any applicable laws, rules, Biometric Identity Management (OBIM) Component SORNs. A forthcoming regulations, and information sharing Headquarters in Washington, DC, and technical SORN will cover the limited and access agreements or arrangements. field offices. The records are maintained information created by the IDENT DHS may share biometric and in the Information Technology (IT) VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17831 system, Automated Biometric collected by non-DHS entities for the • Miscellaneous officer comment Identification System (IDENT), also following DHS purposes: information, when available; and referred to as the Homeland Advanced • Background checks and suitability • Encounter data, including location Recognition Technology (HART). screening; and circumstance of each instance DHS replicates records from this • National security; resulting in biometric collection. operational IT system and maintains • Law enforcement operations (including individuals who are removed RECORD SOURCE CATEGORIES: them in other IT systems connected on the DHS unclassified and classified from a foreign country by a foreign EBR SOR receives biometric and networks. partner government based on a criminal associated biographic information from conviction); non-DHS entities that may be used by SYSTEM MANAGER(S): • Intelligence; DHS for a wide array of purposes, System Manager, IDENT Program • Border enforcement and including those listed in the purpose(s) Management Office, OBIM, U.S. immigration screening; and of the system stated above. EBR Department of Homeland Security, • National defense. maintains records in accordance with Washington, DC 20528; email: CATEGORIES OF RECORDS IN THE SYSTEM: the terms of the agreements or OBIMprivacy.ice.dhs.gov. arrangements under which partners Information collected by a non-DHS provide the external information to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: entity and maintained in this system DHS. Records from external Federal 6 U.S.C. 202 and 482; 8 U.S.C. 1103, includes: partners include information from the 1105, 1158, 1159, 1187, 1201, 1225, • Biometric data, including: following non-DHS systems of records, Æ Facial images; 1254a, 1254b, 1301–1305, 1324, 1357, last published at: Æ Fingerprints; 1360, 1365a, 1365b, 1372, 1379, 1440f, Æ Latent fingerprints; • JUSTICE/INTERPOL–001 1537, 1721, 1722, 1731, and 1732; 14 Æ Iris images; INTERPOL–United States National U.S.C. 89, 95; 19 U.S.C. 1589a; 42 U.S.C. Æ Palm prints; Central Bureau (USNCB) Records 5197a; 44 U.S.C. 3544; 46 U.S.C. 70123; Æ Voice; System, 75 FR 27821 (May 18, 2010) 49 U.S.C. 114, 5103, 40103(b), 40113(a), Æ Scars, marks, and tattoos; [Note: records shared with DHS include: 44903(b), 44936, 44939, and 46105; 5 Æ DNA or DNA Profile; and law enforcement, intelligence, and CFR part 731; 5 CFR part 732; 32 CFR Æ Other modalities. national security records]; 147.24; 8 CFR 214.1; 8 CFR 235.1; E.O. • Biometric-associated biographic • JUSTICE/DOJ–005 Nationwide Joint 12968 (60 FR 40245), 3 CFR, 1995 data including: Automated Booking System, 72 FR 3410 Comp. p. 1365; 13764 (82 FR 8115), Æ Full name (i.e., first, middle, last, (Jan. 25, 2007), 71 FR 52821 (Sept. 7, Homeland Security Presidential nicknames, and aliases); 2006); Directive 12 (HSPD–12): Policy for a Æ Date of birth (DOB); • JUSTICE/FBI–009 Next Generation Common Identification Standard for Æ Gender; Identification (NGI) System of Records Federal Employees and Contractors Æ Personal physical details, such as (pending DOJ release); (Aug. 27, 2004); HSPD–11: height, weight, eye color, and hair color; • JUSTICE/FBI–019 Terrorist Comprehensive Terrorist-Related Æ Signature; Screening Records System of Records, Screening Procedures (Aug. 27, 2004); Æ Assigned number identifiers, such 76 FR 77847 (Dec. 14, 2011); and National Security Presidential as, but not limited to, Alien Registration • A0025–2 SAIS DoD Defense Directive/NSPD–59/HSPD–24: Number (A-Number), Social Security Biometric Services, 74 FR 48237 (Sept. Biometrics for Identification and number (SSN), state identification 22, 2009); Screening to Enhance National Security number, civil record number, other • A0025–2 PMG (DFBA) DoD Defense (June 5, 2008). agency system specific fingerprint Biometric Identification Records record locator information, Federal System, 80 FR 8292 (Feb. 17, 2015); PURPOSE(S) OF THE SYSTEM: Bureau of Investigation (FBI) Number • STATE–39 Visa Records 60 FR The purpose of this system is to (FNU)/Universal Control Number 39469 (Oct. 25, 2012); process and maintain biometric and (UCN), Encounter Identification Number • STATE–36, Security Records 80 FR associated biographic information from (EID), Finger Identification Number 77691 (Dec. 15, 2015). non-DHS entities, both foreign and (FIN), DoD Biometric Identifier (DoD EBR SOR receives biometric and domestic, for law enforcement, national BID), Transaction Control Number associated biographic information from security, immigration screening, border (TCN), Global Unique Identifier (GUID), foreign partners consistent with various enforcement, intelligence, national National Unique Identification Number international information sharing and defense, and background investigations (NUIN), document information and access agreements or arrangements on relating to national security positions, identifiers (e.g., passport and visa data, file with DHS Office of Policy, credentialing, and certain positions of document type, document number, International Affairs. public trust, consistent with applicable country of issuance), when available; EBR SOR receives biometric and DHS authorities. DHS may use and and associated biographic information from share these external biometric and Æ Identifiers for citizenship and State and local partners consistent with associated biographic records for these nationality, including person-centric various law enforcement information same purposes, as permitted and details, such as country of birth, country sharing and access agreements or approved by our partners, if applicable, of citizenship, and nationality, when arrangements. pursuant to the agreement or available. daltland on DSKBBV9HB2PROD with NOTICES arrangement. • Derogatory information (DI), if ROUTINE USES OF RECORDS MAINTAINED IN THE applicable, including, wants and SYSTEM, INCLUDING CATEGORIES OF USERS AND CATEGORIES OF INDIVIDUALS COVERED BY THE warrants, Known or Suspected Terrorist PURPOSES OF SUCH USES: SYSTEM: (KST) designation, sexual offender In addition to those disclosures Individuals covered by EBR include registration, foreign criminal generally permitted under 5 U.S.C. the individuals whose biometric and convictions, and immigration violations, 552a(b) of the Privacy Act, all or a associated biographic information are when available; portion of the records or information VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1

17832 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices contained in this system may be operations), the Federal Government, or national intelligence and security disclosed outside DHS as a routine use national security, resulting from a investigations or assists in anti-terrorism pursuant to 5 U.S.C. 552a(b)(3) as suspected or confirmed breach. efforts. follows: G. To contractors and their agents, L. To a foreign government to notify A. To the Department of Justice (DOJ), grantees, experts, consultants, and it concerning its citizens or residents including Offices of the U.S. Attorneys, others performing or working on a who are incapacitated, unaccompanied or other federal agency conducting contract, service, grant, cooperative minors, or deceased. litigation or in proceedings before any agreement, or other assignment for DHS, M. To appropriate Federal, State, court, adjudicative, or administrative when necessary to accomplish an local, tribal, or foreign governmental body, when it is relevant or necessary to agency function related to this system of agencies or multilateral governmental the litigation and one of the following records. Individuals provided organizations, with the approval of the is a party to the litigation or has an information under this routine use are Chief Privacy Officer, when DHS interest in such litigation: subject to the same Privacy Act identifies a need to use relevant data for 1. DHS or any Component thereof; requirements and limitations on purposes of testing new technology. 2. Any employee or former employee disclosure as are applicable to DHS N. To the news media and the public, of DHS in his/her official capacity; officers and employees. with the approval of the Chief Privacy 3. Any employee or former employee H. To an appropriate Federal, State, Officer in consultation with counsel, of DHS in his/her individual capacity tribal, local, international, or foreign law when there exists a legitimate public when DOJ or DHS has agreed to enforcement agency or other appropriate interest in the disclosure of the represent the employee; or authority charged with investigating or information, when disclosure is 4. The United States or any agency prosecuting a violation or enforcing or necessary to preserve confidence in the thereof. implementing a law, rule, regulation, or integrity of DHS, or when disclosure is B. To a congressional office from the order, when a record, either on its face necessary to demonstrate the record of an individual in response to or in conjunction with other accountability of DHS’s officers, an inquiry from that congressional office information, indicates a violation or employees, or individuals covered by made at the request of the individual to potential violation of law, which the system, except to the extent the whom the record pertains. includes criminal, civil, or regulatory Chief Privacy Officer determines that C. To the National Archives and violations and such disclosure is proper release of the specific information in the Records Administration (NARA) or and consistent with the official duties of context of a particular case would General Services Administration the person making the disclosure. constitute a clearly unwarranted pursuant to records management I. To an appropriate Federal, State, invasion of personal privacy. inspections being conducted under the local, tribal, foreign, or international authority of 44 U.S.C. secs. 2904 and agency, if the information is relevant POLICIES AND PRACTICES FOR STORAGE OF 2906. RECORDS: and necessary to a requesting agency’s D. To an agency or organization for decision concerning the hiring or DHS stores records in this system the purpose of performing audit or retention of an individual, or issuance electronically in secure facilities oversight operations as authorized by of a security clearance, license, contract, protected through multi-layer security law, but only such information as is grant, or other benefit, or if the mechanisms and strategies that are necessary and relevant to such audit or information is relevant and necessary to physical, technical, administrative, and oversight function. a DHS decision concerning the hiring or environmental in nature. The records E. To appropriate agencies, entities, retention of an employee, the issuance may be stored on magnetic disc, tape, and persons when (1) DHS suspects or of a security clearance, the reporting of and digital media. has confirmed that there has been a an investigation of an employee, the POLICIES AND PRACTICES FOR RETRIEVAL OF breach of the system of records; (2) DHS letting of a contract, or the issuance of RECORDS: has determined that as a result of the a license, grant or other benefit and Records may be retrieved by suspected or confirmed breach there is when disclosure is appropriate to the biometrics or select personal identifiers, a risk of harm to individuals, DHS proper performance of the official duties including but not limited to names, (including its information systems, of the person making the request. identification numbers, dates of birth, programs, and operations), the Federal J. To a Federal, State, or local agency, nationality, document number, and Government, or national security; and or other appropriate entities or address. (3) the disclosure made to such individuals, or through established agencies, entities, and persons is liaison channels to selected foreign POLICIES AND PRACTICES FOR RETENTION AND reasonably necessary to assist in governments, in order to provide DISPOSAL OF RECORDS: connection with DHS’s efforts to intelligence, counterintelligence, or Record Schedule DAA–0563–2013– respond to the suspected or confirmed other information for the purposes of 0001 for DHS’s biometric and breach or to prevent, minimize, or intelligence, counterintelligence, or biographic records used for national remedy such harm. antiterrorism activities authorized by security, law enforcement, immigration, F. To another Federal agency or U.S. law, Executive Order (E.O.), or and other functions consistent with Federal entity, when DHS determines other applicable national security DHS authorities has been approved by that information from this system of directive. National Archives and Records records is reasonably necessary and K. To Federal and foreign government Administration (NARA). EBR records otherwise compatible with the purpose intelligence or counterterrorism include: daltland on DSKBBV9HB2PROD with NOTICES of collection to assist the recipient agencies or Components when DHS 1. Law Enforcement Records: agency or entity in (1) responding to a reasonably believes there to be a threat Identification, investigation, suspected or confirmed breach or (2) or potential threat to national or apprehension, and/or removal of aliens preventing, minimizing, or remedying international security for which the unlawfully entering or present in the the risk of harm to individuals, the information may be useful in countering United States and facilitate legal entry recipient agency or entity (including its the threat or potential threat, or when of individuals into the United States, information systems, programs, and disclosure supports the conduct of which must be destroyed or deleted 75 VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17833 years after the end of the calendar year When seeking records about one from Privacy Act, 5 U.S.C. 552a(c)(3); (d); in which the data is gathered. this system of records or any other (e)(1), (e)(4)(G), (e)(4)(H); and (f). 2. Records related to the analysis of Departmental system of records, the Exemptions from these particular relationship patterns among individuals request must conform with the Privacy subsections are justified on a case-by- and organizations that are indicative of Act regulations set forth in 6 CFR part case basis determined at the time a violations of the customs and 5. The individual must first verify his or request is made. When this system immigration laws including possible her identity, meaning that he or she receives a record from another system terrorist threats from non-obvious must provide his or her full name, exempted in that source system under 5 relationships and specific leads and law current address, and date and place of U.S.C. 552a(j)(2), DHS will claim the enforcement intelligence for active and birth. The individual must sign the same exemptions for those records that new investigations. These records must request, and the signature must either be are claimed for the original primary be destroyed or deleted 15 years after notarized or submitted under 28 U.S.C. systems of records from which they the end of calendar year of last use of 1746, a law that permits statements to originated and claim any additional individual’s data. be made under penalty of perjury as a exemptions set forth here. The latent biometric retention substitute for notarization. While no HISTORY: schedule is currently in development specific form is required, an individual Records in this System of Records with OBIM Headquarters and will be may obtain forms for this purpose from were previously covered under DHS/ submitted thereafter to NARA for the Chief Privacy Officer and Chief US–VISIT–001 DHS Automated approval. Freedom of Information Act Officer, Biometric Identification System http://www.dhs.gov/foia or 1–866–431– (IDENT), 72 FR 31080 (June 5, 2007). ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: 0486. In addition, the individual should: Philip S. Kaplan, DHS safeguards records in this system • Explain why he or she believe the Chief Privacy Officer, Department of according to applicable rules and Homeland Security. Department would have information policies, including all applicable DHS being requested; [FR Doc. 2018–08453 Filed 4–23–18; 8:45 am] automated systems security and access • Identify which Component(s) of the BILLING CODE 9110–9B–P policies. DHS has imposed strict Department he or she believes may have controls to minimize the risk of the information; compromising the information that is • Specify when you believe the DEPARTMENT OF HOMELAND being stored. Access to the computer records would have been created; and SECURITY system containing the records in this • Provide any other information that system is limited to those individuals [DHS–2018–0021] will help the FOIA staff determine who have a need to know the which DHS Component agency may information for the performance of their Agency Information Collection have responsive records; Activities: Case Assistance Form official duties and who have appropriate If the request is seeking records (Ombudsman Form DHS–7001, and clearances or permissions. pertaining to another living individual, Instructions) RECORD ACCESS PROCEDURES: the person seeking the records must include a statement from the subject AGENCY: Office of the Citizenship and The Secretary of Homeland Security Immigration Services Ombudsman, has exempted this system from the individual certifying his/her agreement for the requestor to access his or her Department of Homeland Security notification, access, and amendment (DHS). procedures of the Privacy Act, and records. Without the above information, the ACTION: 60-Day notice and request for consequently the Judicial Redress Act if comments; Extension of a currently applicable, because it is a law Component(s) may not be able to conduct an effective search, and the approved collection, 1601–0004. enforcement system. However, DHS will consider individual requests to request may be denied due to lack of SUMMARY: The DHS Office of the determine whether or not information specificity or lack of compliance with Citizenship and Immigration Services may be released. Thus, individuals applicable regulations. (CIS) Ombudsman, will submit the seeking access to and notification of any CONTESTING RECORD PROCEDURES: following Information Collection record contained in this system of For records covered by the Privacy Request (ICR) to the Office of records, or seeking to contest its Act or covered JRA records, see ‘‘Record Management and Budget (OMB) for content, may submit a request in writing review and clearance in accordance Access Procedures’’ above, and 6 CFR to the Chief Privacy Officer and FOIA with the Paperwork Reduction Act of part 5. Officer, whose contact information can 1995. The information collected on this be found at http://www.dhs.gov/foia NOTIFICATION PROCEDURES: form will allow the CIS Ombudsman to under ‘‘Contacts Information.’’ If an See ‘‘Record Access Procedures.’’ identify the problem as either a case individual believes more than one problem, which is a request for Component maintains Privacy Act EXEMPTIONS PROMULGATED FOR THE SYSTEM: information about a case that was filed records concerning him or herself, the The Secretary of Homeland Security, with U.S. Citizenship and Immigration individual may submit the request to pursuant to 5 U.S.C. 552a(j)(2), has Services (USCIS) (‘‘case problem’’); or a the Chief Privacy Officer and Chief exempted this system from the systemic issue that may or may not Freedom of Information Act Officer, following provisions of the Privacy Act: pertain to an individual case which the daltland on DSKBBV9HB2PROD with NOTICES Department of Homeland Security, 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), individual, attorney or employer is Washington, DC 20528–0655. Even if (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), seeking to bring to the attention of the neither the Privacy Act nor the Judicial and (e)(8); (f); and (g)(1) through (5). CIS Ombudsman (‘‘trend’’). Redress Act provide a right of access, Additionally, the Secretary of Homeland DATES: Comments are encouraged and certain records about the individual Security, pursuant to 5 U.S.C. 552a(k)(2) will be accepted until June 25, 2018. may be available under the Freedom of and (k)(5), has exempted this system This process is conducted in accordance Information Act. from the following provisions of the with 5 CFR 1320.1. VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1


Document Created: 2018-04-24 00:39:41
Document Modified: 2018-04-24 00:39:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a new system of records.
DatesSubmit comments on or before May 24, 2018. This new system will be effective upon publication, with the exception of the routine uses, which will become effective May 24, 2018.
ContactFor general questions and for privacy issues, please contact: Philip S. Kaplan, [email protected], (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation83 FR 17829 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR