83 FR 19078 - Privacy Act of 1974; System of Records

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 83, Issue 84 (May 1, 2018)

Page Range		19078-19081
FR Document		2018-09196

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to modify and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security/ALL-039 Foreign Access Management System of Records.'' The Department of Homeland is updating this system of records notice to correctly reflect the categories of individuals impacted and modify the routine uses. This system of records allows the Department of Homeland Security to collect and maintain records on foreign nationals who request physical or information technology system access to the Department of Homeland Security and other U.S. Government partner agencies for which the Department of Homeland Security provides screening support. These individuals may include U.S. citizens and lawful permanent residents representing foreign interests; lawful permanent residents providing construction and contractual services for the Department of Homeland Security and other U.S. Government partner agencies; foreign visitors to fusion centers or tribal, territorial, state, and local government homeland security programs; and reported foreign contacts of Department of Homeland Security and other U.S. Government employees outside the scope of the employee's official activities required for personnel security purposes. Additionally, the Department of Homeland Security is issuing a modified Notice of Proposed Rulemaking to exempt this system of records from certain provisions of the Privacy Act, elsewhere in the Federal Register. This modified system will be included in the Department of Homeland Security's inventory of record systems.

Federal Register, Volume 83 Issue 84 (Tuesday, May 1, 2018)

[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Notices]
[Pages 19078-19081]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-09196]

[[Page 19078]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2017-0068]

Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of a modified system of records.

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

SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to modify and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/ALL-039 Foreign Access Management System of Records.'' The
Department of Homeland is updating this system of records notice to
correctly reflect the categories of individuals impacted and modify the
routine uses. This system of records allows the Department of Homeland
Security to collect and maintain records on foreign nationals who
request physical or information technology system access to the
Department of Homeland Security and other U.S. Government partner
agencies for which the Department of Homeland Security provides
screening support. These individuals may include U.S. citizens and
lawful permanent residents representing foreign interests; lawful
permanent residents providing construction and contractual services for
the Department of Homeland Security and other U.S. Government partner
agencies; foreign visitors to fusion centers or tribal, territorial,
state, and local government homeland security programs; and reported
foreign contacts of Department of Homeland Security and other U.S.
Government employees outside the scope of the employee's official
activities required for personnel security purposes.
Additionally, the Department of Homeland Security is issuing a
modified Notice of Proposed Rulemaking to exempt this system of records
from certain provisions of the Privacy Act, elsewhere in the Federal
Register. This modified system will be included in the Department of
Homeland Security's inventory of record systems.

DATES: Submit comments on or before May 31, 2018. This modified system
will be effective upon publication. New or modified routine uses will
be effective May 31, 2018.

ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0068 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-2018-0009. 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 and privacy-related
questions, please contact: Philip S. Kaplan, (202) 343-1717,
Privacy@hq.dhs.gov, 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) proposes to modify and reissue a
current DHS system of records titled, ``DHS/ALL-039 Foreign Access
Management System of Records.''
DHS is publishing this system of records notice (SORN) to update
the categories of individuals and modify the routine uses. In the
original SORN, the categories of individuals indicated that dual U.S.
citizens and lawful permanent residents (LPR) representing foreign
interests were included. This SORN is being updated to indicate that
all U.S. citizens representing foreign interests are included in the
categories of individuals, not just dual U.S. citizens. Routine use E,
which deals with a suspected or confirmed breach of the system or
information, has been modified and is now covered in routine uses E and
F. This is to meet the requirements of OMB M-17-12. All subsequent
routines uses have been re-lettered.
This SORN provides transparency on how DHS collects, uses,
maintains, and disseminates information relating to foreign nationals
who seek access to DHS and partner U.S. Government (USG) agency
personnel, information, facilities, programs, research, studies, and
information technology (IT) systems. The DHS Office of the Chief
Security Officer (OCSO)/Center for International Safety & Security
(CISS) Foreign Access Management (FAM) program uses the Foreign Access
Management System (FAMS) to manage the risk assessment process for
foreign nationals requesting access to DHS and partner agencies. DHS is
responsible for conducting screening of all foreign nationals and
foreign entities seeking access to DHS personnel, information,
facilities, programs, and IT systems, including: U.S. citizens and
lawful permanent residents (LPR) representing foreign interests; and
foreign contacts and foreign visitors reported by DHS. This SORN also
covers the screening of LPRs who provide construction or contractual
services (e.g., food services, janitorial services) to the U.S.
Government, and DHS or USG federal employees that sponsor foreign
national access to USG facilities or report foreign contacts who have
met and/or befriended such contacts and visitors outside the scope of
the employee's official duties.
As part of a government-wide pilot, DHS will also conduct foreign
access management screening activities for federal agencies other than
DHS participating in the pilot. DHS may also screen foreign visitors to
fusion centers or tribal, territorial, state, and local government
homeland security programs.
Lastly, DHS uses FAMS records to screen foreign contacts of DHS
employees outside the scope of the employee's official activities. DHS
and other USG employees and contractors with access to Sensitive
Compartmented Information or other special program access have a
responsibility to report all foreign contacts that are of a close,
continuing personal association and any contacts with known or
suspected intelligence officers from any country. Reporting of contact
with foreign nationals is not intended to inhibit or discourage contact
with foreign nationals. Rather, it permits the Government to manage and
assess the risk posed by certain foreign individuals who seek to
exploit personal relationships for purposes of collecting classified or
sensitive information.
Foreign nationals accessing DHS or a partner USG agency in any of
the capacities listed above undergo DHS screening. In addition, foreign
nationals may be screened as a result of foreign contact reporting for
personnel security purposes. The foreign national screening process
consists of both internal and external identity checks. The OCSO/CISS
validates the foreign national identifying information provided.
DHS shares vetting, as well as any security anomalies or derogatory
information identified through the

[[Page 19079]]

vetting process, with DHS components and partner USG agencies. DHS will
maintain information on any security incidents or suspicious activities
recorded during the foreign national's access to DHS or partner USG
agencies. The information is shared by secure means commensurate with
the classification of the information to be shared.
Consistent with DHS's information sharing mission, information
stored in the DHS/ALL-039 Foreign Access Management System of Records
may be shared with other DHS Components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, DHS may share information with appropriate federal, state,
local, tribal, territorial, foreign, or international government
agencies consistent with the routine uses set forth in this system of
records notice. However, to limit the scope of sharing with foreign
partners, DHS will consider a foreign entity's ability to safeguard
personally identifiable information (PII), and its commitment to and
history of safeguarding such information, when determining whether to
share records containing PII.
Additionally, DHS is issuing an updated Notice of Proposed
Rulemaking to exempt this system of records from certain provisions of
the Privacy Act elsewhere in the Federal Register. This modified system
will be included in DHS's inventory of record systems.

II. Privacy Act

The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. Additionally, and similarly, the Judicial Redress
Act (JRA) provides covered persons with a statutory right 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-039 Foreign Access
Management 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-039 Foreign Access
Management System of Records.

SECURITY CLASSIFICATION:
Unclassified and Classified.

SYSTEM LOCATION:
Records are maintained at the Department of Homeland Security
Headquarters in Washington, DC and field offices. Electronic records
are stored in the Integrated Security Management System (ISMS) as well
as in a classified network database.

SYSTEM MANAGER(S):
Director, Center for International Safety & Security, Office of the
Chief Security Officer, Department of Homeland Security, 301 7th Street
SW, DC 20024.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 40 U.S.C. 1315; 40 U.S.C. 11331; the Economy Act of
1932, as amended; the Counterintelligence Enhancement Act of 2002; the
Intelligence Reform and Terrorism Prevention Act; E.O. 12977; E.O.
13286; E.O. 13549; Presidential Policy Directive/PPD-21, ``Critical
Infrastructure Security and Resilience'' (February 12, 2013); DCI
Directive 6/4, ``Personnel Security Standards and Procedures Governing
Eligibility for Access to Sensitive Compartmented Information (SCI)''
(July 2, 1998); and Presidential Decision Directive (PDD)/NSC-12,
``Security Awareness and Reporting of Foreign Contacts'' (August 5,
1993).

PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to perform screening for foreign
nationals seeking access to DHS and partner USG agency personnel,
information, facilities, programs, research, studies, and IT systems.
This system is also used to screen foreign contacts and foreign
visitors reported by DHS and partner USG agency employees who have met
and/or befriended such contacts and visitors outside the scope of the
employee's official duties.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Foreign nationals and foreign entities seeking access to USG
personnel, information, facilities, programs, research, studies, and IT
systems, including: U.S. citizens and lawful permanent residents (LPR)
representing foreign interests; and foreign contacts and foreign
visitors reported by DHS. These include, when requested, foreign
visitors to fusion centers or tribal, territorial, state, and local
government homeland security programs, and foreign contacts of USG
employees who have met or befriended such contacts and visitors outside
the scope of the employee's official duties. Further, DHS or USG
federal employees that sponsor foreign national access to USG or report
foreign contacts outside the scope of their normal employment duties.
Finally, LPRs providing construction or contractual services (e.g.,
food services, janitorial services).

CATEGORIES OF RECORDS IN THE SYSTEM:
For foreign nationals:
Full name;
Alias(es);
Gender;
Date of birth;
Place of birth;
City/country of residence;
Country of citizenship;
Passport information (country of issue, number, expiration
date);
Passport copy;
Photograph;
Address;
Telephone number(s);
Email Address(es);
Country sponsoring the visit;
Stated reason for the visit;
DHS component sponsoring the visit;
Diplomatic identification information;
Organization represented, title, or position held;
Actual employment information (including job title and
employer contact information);
Visa information (type, number, expiration date, and
issuance location);
Foreign Access Management System number;
Alien registration number; and
Potential anomalous or derogatory information identified
as part of screening and vetting results.
For USG federal employees:
Full name;
Title;
Organization and component;
Phone number; and
Email address.

RECORD SOURCE CATEGORIES:
DHS obtains information directly from the federal employee sponsor,
and the DHS or USG employee providing the information to DHS for
screening. DHS

[[Page 19080]]

also obtains information from the other DHS and federal systems for
vetting purposes, including:
1. U.S. Customs and Border Protection (CBP) Advance Passenger
Information System (APIS): DHS/CBP-005 APIS, 80 FR 13407 (March 13,
2015);
2. CBP Arrival and Departure Information System (ADIS): DHS/CBP-021
ADIS, 80 FR 72081 (November 18, 2015);
3. CBP Automated Targeting System (ATS): DHS/CBP-006 ATS, 77 FR
30297 (May 22, 2012);
4. CBP TECS: DHS/CBP-011 TECS, 73 FR 77778 (December 19, 2008).
5. U.S. Immigration and Customs Enforcement (ICE) Criminal Arrest
Records and Immigration Enforcement Records (CARIER): DHS/ICE-011
CARIER, 81 FR 72080 (October 19, 2016); and
6. ICE Student and Exchange Visitor Information System (SEVIS):
DHS/ICE-001 SEVIS, 75 FR 412 (January 5, 2010).
7. National Protection and Programs Directorate (NPPD) Office of
Biometric Identity Management (OBIM) Automated Biometric Identification
System (IDENT): DHS/US-VISIT-004 DHS IDENT, 72 FR 31080 (June 5, 2007);
8. U.S. Citizen and Immigration Services (USCIS) Alien File, Index,
and National File Tracking System (A-File): DHS/USCIS/ICE/CBP-001 A-
File, 82 FR 43556 (September 18, 2017);
9. USCIS Benefits Information System (BIS): DHS/USCIS-007 BIS, 81
FR 72069 (October 19, 2016);
DHS also obtains information from intelligence community classified
systems for screening and vetting.

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 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 the U.S. Attorneys
Offices, 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, only 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 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.
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 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 use is to conduct national intelligence and
security investigations or assist in anti-terrorism efforts and
disclosure is appropriate to the proper performance of the official
duties of the person making the disclosure.
J. To federal government intelligence or counterterrorism agencies
or components to facilitate CISS screening checks.
K. To other federal agencies to assist in their determination of
whether to grant a requesting foreign national with access to that
federal agency.
L. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS is aware of a need
to use relevant data for purposes of testing new technology.
M. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by foreign contact or USG employee name,
or other personal identifiers listed in the categories of records,
above.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with NARA-approved retention schedule N1-563-09-1,
DHS retains information collected on foreign

[[Page 19081]]

visitors for screening in FAMS and in the Classified Local Area Network
(C-LAN) access database for twenty years.

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 those of the Judicial Redress Act if applicable.
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 Chief Freedom of Information Act (FOIA)
Officer, whose contact information can be found at http://www.dhs.gov/foia under ``Contacts Information.'' If an individual believes more
than one component maintains Privacy Act records concerning him or her,
the individual may submit the request to the Chief Privacy Officer and
Chief FOIA Officer, Department of Homeland Security, Washington, DC
20528-0655. Even if neither the Privacy Act nor the Judicial Redress
Act provide a right of access, certain records about you may be
available under the Freedom of Information Act.
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his/her
identity, meaning that the individual must provide his/her full name,
current address, and date and place of birth. The individual must sign
the request, and the individual's signature must either be notarized or
submitted under 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 you believe the Department would have
information on him/her;
Identify which component(s) of the Department the
individual believes may have the information about him/her;
Specify when the individual believes the records would
have been created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If an individual's request is seeking records pertaining to another
living individual, the first individual must include a statement from
the second individual certifying his/her agreement for the first
individual to access his/her records.
Without the above information, the component(s) may not be able to
conduct an effective search, and the individual's request may be denied
due to lack of specificity or lack of compliance with applicable
regulations.

CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records, see
``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(k)(1), (k)(2), and (k)(5), has exempted this system from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). When this system
receives a record from another system exempted in that source system
under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those
records that are claimed for the original primary systems of records
from which they originated and claims any additional exemptions set
forth here.

HISTORY:
DHS/ALL-039 Foreign Access Management System of Records, 82 FR
34971 (July 27, 2017).

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-09196 Filed 4-30-18; 8:45 am]
BILLING CODE 9110-9B-P

19080 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices

also obtains information from the other 4. The United States or any agency includes criminal, civil, or regulatory
DHS and federal systems for vetting thereof. violations and such disclosure is proper
purposes, including: B. To a congressional office from the and consistent with the official duties of
1. U.S. Customs and Border Protection record of an individual in response to the person making the disclosure.
(CBP) Advance Passenger Information an inquiry from that congressional office I. To federal and foreign government
System (APIS): DHS/CBP–005 APIS, 80 made at the request of the individual to intelligence or counterterrorism
FR 13407 (March 13, 2015); whom the record pertains. agencies or components when DHS
2. CBP Arrival and Departure C. To the National Archives and becomes aware of an indication of a
Information System (ADIS): DHS/CBP– Records Administration (NARA) or threat or potential threat to national or
021 ADIS, 80 FR 72081 (November 18, General Services Administration international security, or when such use
2015); pursuant to records management is to conduct national intelligence and
3. CBP Automated Targeting System inspections being conducted under the security investigations or assist in anti-
(ATS): DHS/CBP–006 ATS, 77 FR 30297 authority of 44 U.S.C. 2904 and 2906. terrorism efforts and disclosure is
(May 22, 2012); D. To an agency or organization for appropriate to the proper performance
4. CBP TECS: DHS/CBP–011 TECS, 73 the purpose of performing audit or of the official duties of the person
FR 77778 (December 19, 2008). oversight operations as authorized by making the disclosure.
5. U.S. Immigration and Customs law, but only such information as is J. To federal government intelligence
Enforcement (ICE) Criminal Arrest necessary and relevant to such audit or or counterterrorism agencies or
Records and Immigration Enforcement oversight function. components to facilitate CISS screening
Records (CARIER): DHS/ICE–011 E. To appropriate agencies, entities, checks.
CARIER, 81 FR 72080 (October 19, and persons when (1) DHS suspects or K. To other federal agencies to assist
2016); and has confirmed that there has been a in their determination of whether to
6. ICE Student and Exchange Visitor breach of the system of records; (2) DHS grant a requesting foreign national with
Information System (SEVIS): DHS/ICE– has determined that as a result of the access to that federal agency.
001 SEVIS, 75 FR 412 (January 5, 2010). suspected or confirmed breach there is L. To appropriate federal, state, local,
7. National Protection and Programs a risk of harm to individuals, DHS tribal, or foreign governmental agencies
Directorate (NPPD) Office of Biometric (including its information systems, or multilateral governmental
Identity Management (OBIM) programs, and operations), the Federal organizations, with the approval of the
Automated Biometric Identification Government, or national security; and Chief Privacy Officer, when DHS is
System (IDENT): DHS/US–VISIT–004 (3) the disclosure made to such aware of a need to use relevant data for
DHS IDENT, 72 FR 31080 (June 5, 2007); agencies, entities, and persons is purposes of testing new technology.
8. U.S. Citizen and Immigration reasonably necessary to assist in M. To the news media and the public,
Services (USCIS) Alien File, Index, and connection with DHS’s efforts to with the approval of the Chief Privacy
National File Tracking System (A-File): respond to the suspected or confirmed Officer in consultation with counsel,
DHS/USCIS/ICE/CBP–001 A-File, 82 FR breach or to prevent, minimize, or when there exists a legitimate public
43556 (September 18, 2017); remedy such harm. interest in the disclosure of the
9. USCIS Benefits Information System F. To another Federal agency or information, when disclosure is
(BIS): DHS/USCIS–007 BIS, 81 FR Federal entity, when DHS determines necessary to preserve confidence in the
72069 (October 19, 2016); that information from this system of integrity of DHS, or when disclosure is
DHS also obtains information from records is reasonably necessary and necessary to demonstrate the
intelligence community classified otherwise compatible with the purpose accountability of DHS’s officers,
systems for screening and vetting. of collection to assist the recipient employees, or individuals covered by
ROUTINE USES OF RECORDS MAINTAINED IN THE agency or entity in (1) responding to a the system, except to the extent the
SYSTEM, INCLUDING CATEGORIES OF USERS AND suspected or confirmed breach or (2) Chief Privacy Officer determines that
PURPOSES OF SUCH USES: preventing, minimizing, or remedying release of the specific information in the
In addition to those disclosures the risk of harm to individuals, the context of a particular case would
generally permitted under 5 U.S.C. recipient agency or entity (including its constitute a clearly unwarranted
552a(b) of the Privacy Act, all or a information systems, programs, and invasion of personal privacy.
portion of the records or information operations), the Federal Government, or
national security, resulting from a POLICIES AND PRACTICES FOR STORAGE OF
contained in this system may be
RECORDS:
disclosed outside DHS as a routine use suspected or confirmed breach.
pursuant to 5 U.S.C. 552a(b)(3) as G. To contractors and their agents, DHS stores records in this system
follows: grantees, experts, consultants, and electronically or on paper in secure
A. To the Department of Justice (DOJ), others performing or working on a facilities in a locked drawer behind a
including the U.S. Attorneys Offices, or contract, service, grant, cooperative locked door. The records may be stored
other federal agency conducting agreement, or other assignment for DHS, on magnetic disc, tape, and digital
litigation or proceedings before any when necessary to accomplish an media.
court, adjudicative, or administrative agency function related to this system of POLICIES AND PRACTICES FOR RETRIEVAL OF
body, when it is relevant or necessary to records. RECORDS:
the litigation and one of the following H. To an appropriate federal, state,
Records may be retrieved by foreign
is a party to the litigation or has an tribal, local, international, or foreign law
contact or USG employee name, or other
interest in such litigation: enforcement agency or other appropriate
personal identifiers listed in the
amozie on DSK30RV082PROD with NOTICES

1. DHS or any component thereof; authority charged with investigating or
categories of records, above.
2. Any employee or former employee prosecuting a violation or enforcing or
of DHS in his/her official capacity; implementing a law, rule, regulation, or POLICIES AND PRACTICES FOR RETENTION AND
3. Any employee or former employee order, when a record, either on its face DISPOSAL OF RECORDS:
of DHS in his/her individual capacity, or in conjunction with other In accordance with NARA-approved
only when DOJ or DHS has agreed to information, indicates a violation or retention schedule N1–563–09–1, DHS
represent the employee; or potential violation of law, which retains information collected on foreign

VerDate Sep<11>2014 18:12 Apr 30, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\01MYN1.SGM 01MYN1

Document Created: 2018-05-01 00:25:00
Document Modified: 2018-05-01 00:25:00

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 a modified system of records.
Dates		Submit comments on or before May 31, 2018. This modified system will be effective upon publication. New or modified routine uses will be effective May 31, 2018.
Contact		For general and privacy-related questions, please contact: Philip S. Kaplan, (202) 343-1717, [email protected], Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528-0655.
FR Citation		83 FR 19078