Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Notices 33753 

Time: 2:00 p.m. to 3:00 p.m. 

Agenda: To review and evaluate grant 

applications 

Place: National Institutes of Health, One 

Democracy Plaza, 6701 Democracy 

Boulevard, Bethesda, MD 20892, (Telephone 

Conference Call). 

Contact Person: Barbara J. Nelson, Ph.D., 

Scientific Review Officer, Office of Grants 

Management & Scientific Review, National 

Center for Advancing Translational Sciences 

(NCATS), National Institutes of Health, 6701 

Democracy Blvd., Room 1080, 1 Dem. Plaza, 

Bethesda, MD 20892–4874, 301–435–0806, 

nelsonbj@mail.nih.gov. 

Dated: June 1, 2012. 

Jennifer S. Spaeth, 

Director, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2012–13844 Filed 6–6–12; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2011–0113] 

Privacy Act of 1974; Department of 

Homeland Security, U.S. Customs and 

Border Protection, DHS/CBP—017 

Analytical Framework for Intelligence 

(AFI) System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to 

establish a new Department of 

Homeland Security system of records 

titled, ‘‘Department of Homeland 

Security, U.S. Customs and Border 

Protection, DHS/CBP—017 Analytical 

Framework for Intelligence (AFI) 

System of Records.’’ This system of 

records will allow the Department of 

Homeland Security/U.S. Customs and 

Border Protection to improve border and 

national security by providing AFI users 

with a single platform for research, 

analysis, and visualization of large 

amounts of data from disparate sources 

and maintaining the final analysis or 

products in a single, searchable location 

for later use as well as appropriate 

dissemination. Additionally, the 

Department of Homeland Security is 

issuing a Notice of Proposed 

Rulemaking concurrent with this system 

of records 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 

July 9, 2012. This new system will be 

effective July 9, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2011–0113 by one of the following 

methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http://www.

regulations.gov, including any personal 

information provided. 

Docket: For access to the docket to 

read background documents or 

comments received go to http://www.

regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: 

Laurence E. Castelli (202–325–0280), 

CBP Privacy Officer, Office of 

International Trade, U.S. Customs and 

Border Protection, Mint Annex, 799 

Ninth Street NW., Washington, DC 

20229. For privacy issues please 

contact: Mary Ellen Callahan (703–235– 

0780), Chief Privacy Officer, Privacy 

Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 

Homeland Security (DHS) U.S. Customs 

and Border Protection (CBP) proposes to 

establish a new DHS system of records 

titled, ‘‘DHS/U.S. Customs and Border 

Protection, DHS/CBP—017 Analytical 

Framework for Intelligence (AFI) 

System of Records.’’ CBP is publishing 

this SORN because AFI is a group of 

records under the control of CBP that 

contains personally identifiable 

information which is retrieved by a 

unique identifier. 

AFI enhances DHS’s ability to 

identify, apprehend, and prosecute 

individuals who pose a potential law 

enforcement or security risk; and it aids 

in the enforcement of customs and 

immigration laws, and other laws 

enforced by DHS at the border. AFI is 

used for the purposes of: (1) Identifying 

individuals, associations, or 

relationships that may pose a potential 

law enforcement or security risk, 

targeting cargo that may present a threat, 

and assisting intelligence product users 

in the field in preventing the illegal 

entry of people and goods, or 

identifying other violations of law; (2) 

conducting additional research on 

persons and/or cargo to understand 

whether there are patterns or trends that 

could assist in the identification of 

potential law enforcement or security 

risks; and (3) sharing finished 

intelligence products developed in 

connection with the above purposes 

with DHS employees who have a need 

to know the analysis in the intelligence 

products in the performance of their 

official duties and who have appropriate 

clearances or permissions. Finished 

intelligence products are tactical, 

operational, and strategic law 

enforcement intelligence products that 

have been reviewed and approved for 

sharing with finished intelligence 

product users and authorities outside of 

DHS, pursuant to routine uses. 

To support its capability to efficiently 

query multiple data sources, AFI creates 

and maintains an index, which is a 

portion of the necessary and relevant 

data in existing operational DHS source 

systems, by ingesting this data through 

and from the Automated Targeting 

System (ATS) and other source systems. 

In addition to the index, AFI provides 

AFI analysts with different tools that 

assist in detecting trends, patterns, and 

emerging threats, and in identifying 

non-obvious relationships. 

AFI improves the efficiency and 

effectiveness of CBP’s research and 

analysis process by providing a platform 

for the research, collaboration, approval, 

and publication of finished intelligence 

products. 

AFI provides a platform for preparing 

responses to requests for information 

(RFIs). AFI will centrally maintain the 

requests, the research based on those 

requests, and the response to those 

requests. AFI allows analysts to perform 

federated queries against external 

systems of record, including those of 

Department of State, the Department of 

Justice/FBI, as well as publicly and 

commercially available data sources, 

and eventually, classified data. AFI also 

enables an authorized user to search the 

Internet for additional information that 

may contribute to an intelligence 

gathering and analysis effort. AFI 

facilitates the sharing of finished 

intelligence products within DHS and 

tracks sharing outside of DHS. 

Two principal types of users will 

access AFI: DHS analysts and DHS 

finished intelligence product users. 

Analysts will use the system to obtain 

a more comprehensive view of data 

available to CBP, and then analyze and 

interpret that data using the 

visualization and collaboration tools 


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accessible in AFI. If an analyst finds 

actionable terrorist, law enforcement, or 

intelligence information, he may use 

relevant information to produce a 

report, create an alert, or take some 

other appropriate action within DHS’s 

mission and authorities. In addition to 

using AFI as a workspace to analyze and 

interpret data, analysts may submit or 

respond to RFIs, assign tasks, or create 

finished intelligence products based on 

their research or in response to an RFI. 

Finished intelligence product users are 

officers, agents, and employees of DHS 

who have been determined to have a 

need to know the analysis in the 

intelligence products in the 

performance of their official duties and 

who have appropriate clearances or 

permissions. Finished intelligence 

product users will have more limited 

access to AFI, will not have access to 

the research space or tools, and will 

only view finished intelligence products 

that analysts published in AFI. Finished 

intelligence product users are not able 

to query the data from the source 

systems through AFI. 

AFI performs extensive auditing that 

records the search activities of all users 

to mitigate any risk of authorized users 

conducting searches for inappropriate 

purposes. AFI also requires that analysts 

re-certify annually any user-provided 

information marked as containing PII to 

ensure its continued relevance and 

accuracy. Analysts will be prompted to 

re-certify any documents that contain 

PII which are not related to a finished 

intelligence product. Information that is 

not re-certified is automatically purged 

from AFI. Account access is controlled 

by AFI passing individual user 

credentials to the originating system or 

through a previously approved 

certification process in another system 

in order to minimize the risk of 

unauthorized access. When an analyst 

conducts a search for products, AFI will 

only display those results that an 

individual user has permission to view. 

Consistent with DHS’s information 

sharing mission, information stored in 

AFI may be shared consistent with the 

Privacy Act, including in accordance 

with the routine uses, and applicable 

laws as described below including 

sharing with other DHS components 

and appropriate federal, state, local, 

tribal, territorial, foreign, multilateral, or 

international government agencies. This 

sharing will only take place after DHS 

determines that the receiving 

component or agency has a need to 

know the information and the 

information will be used consistent with 

the Privacy Act, including the routine 

uses set forth in this SORN, in order to 

carry out national security, law 

enforcement, customs, immigration, 

intelligence, or other authorized 

functions. 

Additionally, DHS is issuing a Notice 

of Proposed Rulemaking 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’ inventory of record systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which the U.S. Government 

collects, maintains, uses, and 

disseminates 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 

for which information is retrieved by 

the name of an individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual. In the Privacy Act, an 

individual is defined to encompass U.S. 

citizens and lawful permanent 

residents. As a matter of policy (Privacy 

Policy Guidance Memorandum 2007–1, 

most recently updated January 7, 2009), 

DHS extends administrative Privacy Act 

protections to all persons, regardless of 

citizenship, where a system of records 

maintains information on U.S. citizens 

and lawful permanent residents, as well 

as visitors. Individuals may request 

access to their own records that are 

maintained in a system of records in the 

possession or under the control of DHS 

by complying with DHS Privacy Act 

regulations, 6 CFR part 5. 

Below is the description of the DHS/ 

CBP—017 Analytical Framework for 

Intelligence (AFI) System of Records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this 

system of records to the Office of 

Management and Budget and to 

Congress. 

System of Records 

Department of Homeland Security 

(DHS)/CBP—017 Analytical Framework 

for Intelligence (AFI). 

SYSTEM NAME: 

U.S. Customs and Border Protection 

(CBP) Analytical Framework for 

Intelligence (AFI). 

SECURITY CLASSIFICATION: 

Unclassified, Sensitive, Classified. 

SYSTEM LOCATION: 

Records are maintained within the 

Information Technology system called 

the Analytical Framework for 

Intelligence (AFI) at the CBP 

Headquarters in Washington, DC, field 

offices, and in locations overseas where 

users are stationed. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

1. Persons who are the subject of, 

related to, or associated with the subject 

of a finished intelligence product. 

2. Persons whose information is 

responsive to a request for information 

(RFI). 

3. Persons whose information is 

maintained in CBP systems described 

under the ‘‘Record Source Categories’’ 

below that are being indexed by AFI, 

such as: 

A. Persons, including operators, crew 

and passengers, who seek to, or do in 

fact, enter, exit, or transit through the 

United States or through other locations 

where CBP maintains an enforcement or 

operational presence. 

B. Crew members traveling on 

commercial aircraft that fly over the 

United States. 

C. Persons who are employed in or 

who engage in any form of trade, the 

transit of goods intended to cross the 

United States border, or other 

commercial transaction related to the 

importation or exportation of 

merchandise. 

D. Persons who serve as booking 

agents, brokers, or other persons who 

provide information on behalf of 

persons seeking to enter, exit, or transit 

through the United States, or to enter, 

exit or transit goods through the United 

States. 

E. Owners of vehicles that cross the 

border. 

F. Persons whose data was received 

by the Department as the result of a 

memorandum of understanding or other 

information sharing agreement or 

arrangement because the information is 

relevant to the border security mission 

of the Department. 

G. Persons who were identified in a 

narrative report, prepared by an officer 

or agent, as being related to or 

associated with other persons who are 

alleged to be involved in, who are 

suspected of, or who have been arrested 

for violations of the laws enforced or 

administered by DHS. 

H. Persons who are alleged to be 

involved in, who are suspected of, who 

have been arrested for, or who are 

victims of violations of the laws 

enforced or administered by DHS. 

I. Persons with outstanding wants and 

warrants. 

J. Persons associated with matches to 

threshold targeting rules. 

K. Persons who may pose a national 

security, border security, or criminal 

threat to the United States. 


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L. Persons who seek to board an 

aircraft to travel internationally who 

have been identified by the Centers for 

Disease Control and Prevention (CDC), 

U.S. Health and Human Services, as 

‘‘No Boards’’ because of a highly 

contagious communicable disease. 

M. Persons traveling across U.S. 

borders or through other locations 

where CBP maintains an enforcement or 

operational presence and who have a 

nexus to a law enforcement action. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

AFI uses information from a variety of 

federal and commercial systems. If 

additional data is ingested and that 

additional data does not require 

amendment of the categories of records 

in this SORN, the PIA for AFI will be 

updated to reflect that information. The 

updated PIA can be found at 

www.dhs.gov/privacy. Information from 

such source systems is incorporated into 

AFI’s five general categories of records: 

(1) Finished intelligence products: 

Intelligence products refer to tactical, 

operational, and strategic law 

enforcement intelligence products 

(hereinafter referred to as intelligence 

products). They include intelligence 

products that analysts have created 

based on their research and analysis of 

the source data contained in AFI and 

published in the system to make 

available as appropriate throughout CBP 

and DHS. 

(2) Requests for information (RFIs) 

and tasks and responses: This includes 

requests for information or tasks 

(generic requests for work to be 

performed) that have been submitted 

through AFI. AFI will also store the 

responses to RFIs and those responses 

will fall in the same category of records 

as the RFIs unless the AFI analyst 

determines that a response should be 

converted to a finished intelligence 

product and makes it available more 

broadly. 

(3) Projects: This includes projects 

created in AFI where an analyst can 

store source data for visualization and 

analysis and also share that information 

with other designated users. Projects 

may also contain analyst-compiled data 

from the source data described below 

and unfinished intelligence products 

that have not yet been published. 

(4) Index data: AFI ingests subsets or 

portions of data from the CBP and DHS 

systems described in ‘‘Record Source 

Categories’’ and creates an index of the 

searchable data elements, as described 

below in ‘‘source data.’’ This index will 

indicate which source system records 

match the search term used, when a 

response to a query is compiled. 

(5) Source data: AFI uses various 

types of data from CBP systems and 

other DHS systems as described in the 

individual system of records notices 

noted in ‘‘Record Source Categories’’ 

below. AFI also uses data from other 

federal agency systems and commercial 

data providers as noted in ‘‘Record 

Source Categories.’’ Data elements may 

include but are not limited to: 

a. Name. 

b. Alias. 

c. Addresses. 

d. Telephone and fax numbers. 

e. Tax ID number (e.g., Employer 

Identification Number (EIN) or Social 

Security Number (SSN), where 

available). 

f. Seizure number. 

g. Date and place of birth. 

h. Gender. 

i. Nationality. 

j. Citizenship. 

k. Physical characteristics, including 

biometrics where available (e.g., height, 

weight, race, eye and hair color, scars, 

tattoos, marks, fingerprints). 

l. Familial relationships and other 

contact information. 

m. Occupation and employment 

information. 

n. Information from documents used 

to verify the identity of individuals (e.g., 

driver’s license, passport, visa, alien 

registration, citizenship card, border 

crossing card, birth certificate, 

certificate of naturalization, re-entry 

permit, military card, trusted traveler 

cards) including the: 

i. Type; 

ii. Number; 

iii. Date of issuance; and 

iv. Place of issuance. 

o. Travel information pertaining to 

individuals, including: 

i. Information derived from an 

Electronic System for Travel 

Authorization (ESTA) application 

(where applicable) or I–94 arrival/ 

departure information, where 

applicable; 

ii. Travel itinerary (e.g., Passenger 

Name Record (PNR)); Advance 

Passenger Information System (APIS) 

information; and land border records 

including information submitted in 

advance of arrival or departure); 

iii. Date of arrival or departure, and 

means of conveyance with associated 

identification (e.g., Vehicle 

Identification Number, year, make, 

model, registration); 

iv. Payment information; 

v. Any admissibility determination; 

and 

vi. Law enforcement data associated 

with an individual which is created by 

CBP or other government agencies. 

p. Information pertaining to the 

importation and exportation of cargo 

and/or property, including but not 

limited to bills of lading, manifests, 

commodity type, and inspection and 

examination results 

q. Identity and geospatial information 

obtained from commercial systems used 

to cross reference information contained 

in CBP systems 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title II of the Homeland Security Act 

of 2002 (Pub. L. 107–296), as amended 

by the Intelligence Reform and 

Terrorism Prevention Act of 2004 (Pub. 

L. 108–458, 118 Stat. 3638); The Tariff 

Act of 1930, as amended; The 

Immigration and Nationality Act 

(‘‘INA’’), 8 U.S.C. 1101, et seq.; the 

Implementing Recommendations of the 

9/11 Commission Act of 2007 (Pub. L. 

110–53); the Antiterrorism and Effective 

Death Penalty Act of 1996 (Pub. L. 104– 

132, 110 Stat. 1214); SAFE Port Act of 

2006 (Pub. L. 109–347); Aviation and 

Transportation Security Act of 2001 

(Pub. L. 107–71); 6 U.S.C. 202. 

PURPOSE(S): 

The purpose of this system is to 

enhance DHS’s ability to: Identify, 

apprehend, and/or prosecute 

individuals who pose a potential law 

enforcement or security risk; aid in the 

enforcement of the customs and 

immigration laws, and other laws 

enforced by DHS at the border; and 

enhance United States security. 

AFI uses data to: 

(1) Identify individuals, associations, 

or relationships that may pose a 

potential law enforcement or security 

risk, target cargo that may present a 

threat, and assist intelligence product 

users in the field in preventing the 

illegal entry of people and goods, or 

identifying other violations of law; 

(2) Allow analysts to conduct 

additional research on persons and/or 

cargo to understand whether there are 

patterns or trends that could identify 

potential law enforcement or security 

risks; and 

(3) Allow finished intelligence 

product users with a need to know to 

query or receive relevant finished 

intelligence products. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Source data are to be handled 

consistent with the published system of 

records notice as noted in ‘‘Source 

Category Records.’’ Source data that is 

not part of or incorporated into a 

finished intelligence product, a 

response to an RFI, project, or the index 

shall not be disclosed out of AFI. The 

routine uses below apply only to 


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finished intelligence products, 

responses to RFIs, projects, and 

responsive compilations of the index 

and only as explicitly stated in each 

routine use. In addition to those 

disclosures generally permitted under 5 

U.S.C. 552a(b) of the Privacy Act, all or 

a portion of the AFI records 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 U.S. Attorney Offices, or other 

federal agency conducting litigation or 

in proceedings before any court, 

adjudicative or administrative body, 

when it is 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 of DHS in his/her 

official capacity; 

3. Any employee of DHS in his/her 

individual capacity where DOJ or DHS 

has agreed to represent the employee; or 

4. The U.S. or any agency thereof, is 

a party to the litigation or has an interest 

in such litigation, and DHS determines 

that the records are both relevant and 

necessary to the litigation and the use of 

such records is compatible with the 

purpose for which DHS collected the 

records. 

This routine use applies to finished 

intelligence products, responses to RFIs, 

projects, and responsive compilations of 

the index. 

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. This routine 

use applies to finished intelligence 

products, responses to RFIs, projects, 

and responsive compilations of the 

index. 

C. To the National Archives and 

Records Administration (NARA) or 

other federal government agencies 

pursuant to records management 

inspections being conducted under the 

authority of 44 U.S.C. 2904 and 2906 

and for records that NARA maintains as 

permanent records. This routine use 

applies to finished intelligence 

products, responses to RFIs, projects, 

and responsive compilations of the 

index. 

D. To an agency, organization, or 

individual 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. This 

routine use applies to finished 

intelligence products, responses to RFIs, 

projects, and responsive compilations of 

the index. 

E. To appropriate agencies, entities, 

and persons when: 

1. DHS suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised; 

2. DHS has determined that as a result 

of the suspected or confirmed 

compromise there is a risk of harm to 

economic or property interests, identity 

theft or fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by 

DHS or another agency or entity) or 

harm to the individuals that rely upon 

the compromised information; and 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DHS’ efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

This routine use applies to finished 

intelligence products, responses to RFIs, 

projects, and responsive compilations of 

the index. 

F. To contractors and their agents, 

grantees, experts, consultants, and 

others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for DHS, 

when necessary to accomplish an 

agency function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. This routine use 

applies to finished intelligence 

products, responses to RFIs, projects, 

and responsive compilations of the 

index. 

G. To the federal, state, local, tribal, 

or foreign government agencies or 

multilateral governmental organizations 

that submit an RFI, in order to identify 

individuals who present a risk to 

national security or to identify, 

apprehend, and/or prosecute 

individuals who are suspected of 

violating a law, where DHS has 

information responsive to the RFI and 

has determined that it is appropriate to 

provide that information in response to 

the RFI. This routine use applies to all 

responses to RFIs. 

H. To appropriate federal, state, local, 

tribal, or foreign governmental agencies 

or multilateral governmental 

organizations responsible for 

investigating or prosecuting the 

violations of, or for enforcing or 

implementing, a statute, rule, 

regulation, order, license, agreement, or 

treaty where DHS determines that the 

information would assist in the 

enforcement of civil or criminal laws. 

This routine use applies only to finished 

intelligence products. 

I. To appropriate federal, state, local, 

tribal, or foreign governmental agencies 

or multilateral governmental 

organizations for the purpose of 

protecting the vital health interests of a 

data subject or other persons (e.g. to 

assist such agencies or organizations in 

preventing exposure to or transmission 

of a communicable or quarantinable 

disease or to combat other significant 

public health threats; appropriate notice 

will be provided of any identified health 

threat or risk). This routine use applies 

only to finished intelligence products, 

responses to RFIs, and responsive 

compilations of the index. 

J. To a court, magistrate, or 

administrative tribunal in the course of 

presenting evidence, including 

disclosures to opposing counsel or 

witnesses in the course of civil or 

criminal discovery, litigation, or 

settlement negotiations, or in response 

to a subpoena from a court of competent 

jurisdiction. This routine use applies to 

all AFI records, which include finished 

intelligence products, responses to RFIs, 

projects, and responsive compilations of 

the index. 

K. To third parties during the course 

of a law enforcement investigation to 

the extent necessary to obtain 

information pertinent to the 

investigation. This routine use applies 

only to finished intelligence products. 

L. To a federal, state, local, tribal, or 

foreign governmental agency or 

multilateral governmental organization 

for the purpose of consulting with that 

agency or entity: (1) To assist in making 

a determination regarding redress for an 

individual in connection with the 

operations of a DHS component or 

program; (2) for the purpose of verifying 

the identity of an individual seeking 

redress in connection with the 

operations of a DHS component or 

program; or (3) for the purpose of 

verifying the accuracy of information 

submitted by an individual who has 

requested such redress on behalf of 

another individual. This routine use 

applies only to finished intelligence 

products and responses to RFIs. 

M. To appropriate federal, state, local, 

tribal, or foreign governmental agencies 

or multilateral governmental 

organizations when DHS reasonably 

believes there to be a threat or potential 

threat to national or international 

security for which the information may 

be relevant in countering the threat or 

potential threat. This routine use 

applies only to finished intelligence 

products. 

N. To a federal, state, tribal, or local 

agency, or other appropriate entity or 


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individual, or foreign governments, in 

order to provide relevant information 

related to intelligence, 

counterintelligence, or antiterrorism 

activities authorized by U.S. law, 

Executive Order, or other applicable 

national security directive. This routine 

use applies only to finished intelligence 

products. 

O. To an organization or individual in 

either the public or private sector, either 

foreign or domestic, where there is a 

reason to believe that the recipient is or 

could become the target of a particular 

terrorist activity or conspiracy, or where 

the information is relevant and 

necessary to the protection of life or 

property. This routine use applies only 

to finished intelligence products. 

P. To an appropriate federal, state, 

local, tribal, foreign, or international 

agency, if the information is relevant 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 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. This routine use applies only to 

finished intelligence products. 

Q. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 

information or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy. This routine use applies only to 

finished intelligence products. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records in this system are stored 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records are stored on 

magnetic disc, tape, digital media, and 

CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by any 

search term, including name, personal 

identifier, date, subject matter or other 

criteria. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable DHS automated systems 

security and access policies. Two 

principal types of users will access AFI: 

DHS analysts and DHS finished 

intelligence product users. DHS 

Analysts will use the system to obtain 

a more comprehensive view of data 

available to CBP, and then analyze and 

interpret that data using the 

visualization and collaboration tools 

accessible in AFI. Finished intelligence 

product users are officers, agents, and 

employees of DHS who have been 

determined to have a need to know 

based on their job description and 

duties. Finished intelligence product 

users will have more limited access to 

AFI, will not have access to the research 

space or tools, and will only view 

finished tactical, operational, and 

strategic intelligence products that 

analysts published in AFI. Finished 

intelligence product users are not able 

to query the data from the source 

systems through AFI. If a finished 

intelligence product user requires the 

source data in order to take action or 

make a determination, he will be 

required to go to the source data to 

ensure that he is receiving the most 

accurate data available. 

Strict controls have been imposed to 

minimize the risk of compromising the 

information that is being stored. Access 

to AFI is limited to those individuals 

who have a need to know the 

information for the performance of their 

official duties and who have appropriate 

clearances or permissions. 

RETENTION AND DISPOSAL: 

Source data contained in AFI that has 

not been incorporated into a finished 

intelligence product, response to an RFI, 

or project will follow the retention 

schedule set forth in the applicable 

source data system of records notice, as 

noted in ‘‘Record Source Categories’’ 

below. 

AFI projects that do not contain PII 

are retained for 30 years and are then 

deleted. Projects containing PII must be 

recertified annually for up to 30 years or 

the entire record is purged from the 

system. Requests for information (RFIs) 

and responses to RFIs, excluding 

finished intelligence products, are 

retained for 10 years and are then 

deleted. Finished intelligence products 

are retained in accordance with the 

NARA-approved record retention 

schedule by first maintaining the 

products as active in the system for a 

period of 20 years, and then transferring 

the records to the National Archives for 

permanent storage and retention. The 

index is maintained within AFI as a 

permanent feature. Any changes to 

source system records, or the addition 

or deletion of source system records, 

will be reflected in corresponding 

amendments to the AFI index as the 

index is routinely updated. Legacy 

indices that are part of a project, 

responses to RFI, or finished 

intelligence product are maintained as 

part of those records. 

SYSTEM MANAGER AND ADDRESS: 

Director of Advanced Analytics & 

Intelligence Systems, Office of 

Intelligence and Investigative Liaison, 

U.S. Customs and Border Protection, 

Ronald Reagan Building and Director, 

Targeting and Analysis, Systems 

Program Office, Office of Information 

and Technology, U.S. Customs and 

Border Protection. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. These 

exemptions also apply to the extent that 

information in this system of records is 

recompiled or is created from 

information contained in other systems 

of records. To the extent that a record 

is exempted in a source system, the 

exemption will continue to apply. 

However, CBP will consider individual 

requests to determine whether or not 

information may be released. After 

conferring with the appropriate 

component or agency, as applicable, 

DHS may waive applicable exemptions 

in appropriate circumstances and where 

it would not appear to interfere with or 

adversely affect the law enforcement 

purposes of the systems from which the 

information is recompiled or in which 

it is contained. Additionally, CBP and 

DHS are not exempting any records that 

were ingested or indexed by AFI where 

the source system of records already 

provides access and/or amendment 

under the Privacy Act. Individuals 

seeking notification of and access to any 

record contained in this system of 

records, or seeking to contest its 

content, may submit a request in writing 

to the Headquarters or CBP’s FOIA 

Officer, whose contact information can 

be found at http://www.dhs.gov/foia 

under ‘‘contacts.’’ If an individual 

believes more than one component 


srobinson on DSK4SPTVN1PROD with NOTICES
33758 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Notices 

maintains Privacy Act records 

concerning him or her the individual 

may submit the request to the Chief 

Privacy Officer, Department of 

Homeland Security, 245 Murray Drive 

SW., Building 410, STOP–0655, 

Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Director, Disclosure and FOIA 

Operations, http://www.dhs.gov or 1– 

703–235–0790. In addition you must: 

• Provide an explanation of why you 

believe the Department would have 

information on you; 

• Identify which component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

records would have been created; 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; 

• If your request is seeking records 

pertaining to another living individual, 

include a statement from that individual 

certifying his/her agreement for you to 

access his/her records. 

Without this bulleted information the 

component(s) may not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

AFI receives records and incorporates 

portions of records into an index of 

those records. Records are incorporated 

from the following CBP and DHS 

systems: 

• ATS (last SORN published at 72 FR 

43650 (August 6, 2007)); 

• APIS (last SORN published at 73 FR 

68435 (November 18, 2008)); 

• ESTA (last SORN published at 76 

FR 67751 (November 2, 2011)); 

• Border Crossing Information (BCI) 

(last SORN published at 73 FR 43457 

(July 25, 2008)); 

• TECS (last SORN published at 73 

FR 77778 (December 19, 2008)); 

• Nonimmigrant Information System 

(NIIS) (last SORN published at 73 FR 

77739 (December 19, 2008)); 

• Seized Asset Case Tracking System 

(SEACATS) (last SORN published at 73 

FR 77764 (December 19, 2008)); 

• Department of Homeland Security/ 

All-030 Use of the Terrorist Screening 

Database System of Records (last SORN 

published at 76 FR 39408 (July 6, 

2011)); 

• Enterprise Management Information 

System—Enterprise Data Warehouse 

(EMIS–EDW), including: 

a. Arrival and Departure Form (I–94) 

information from the Nonimmigrant 

Information System (NIIS) (last SORN 

published at 73 FR 77739 (December 19, 

2008)); 

b. Currency or Monetary Instruments 

Report (CMIR) obtained from TECS (last 

SORN for TECS published at 73 FR 

77778 (December 19, 2008)); 

c. Apprehension information and 

National Security Entry-Exit Program 

(NSEERS) information from ENFORCE 

(last SORN published at 75 FR 23274 

(May 3, 2010)); 

d. Seizure information from 

SEACATS (last SORN published at 73 

FR 77764 (December 19, 2008)); 

e. Student and Exchange Visitor 

Information System (SEVIS) information 

(last SORN published at 75 FR 412 

(January 5, 2010)); and 

AFI accesses records from the 

following agencies, but the records are 

not part of the index: 

• Department of State; 

• Department of Justice/FBI; 

• Department of Treasury; and 

• Commercial information from 

commercial data providers and 

geospatial data providers. 

Additionally, AFI permits analysts to 

upload and store any information from 

any source including public and 

commercial sources, which may be 

relevant to projects, responses to RFIs, 

or final intelligence products. Accepted 

requests for information may come from 

within or outside DHS where CBP 

determines it has responsive 

information and it is consistent with the 

purposes of this system. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

For index data and source data, as 

described under Categories of Records, 

to the extent that a record is exempted 

in a source system, the exemption will 

continue to apply. To the extent there is 

no exemption for giving access to a 

record under the source system, CBP 

will provide access to the information 

maintained in AFI. 

Finished intelligence products, RFIs, 

tasks, and responses, and projects, as 

described under Categories of Records, 

pursuant to 5 U.S.C. 552a(j)(2) of the 

Privacy Act, are exempt from the 

following provisions of the Privacy Act: 

5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), 

(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), 

(e)(5) and (e)(8); (f); and (g). 

Finished intelligence products, RFIs, 

tasks, and responses, and projects, as 

described under Categories of Records, 

pursuant to 5 U.S.C. 552a(k)(1) and (2), 

are exempt 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). 

Dated: June 4, 2012. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2012–13813 Filed 6–6–12; 8:45 am] 

BILLING CODE 9110–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

Agency Information Collection 

Activities: Form I–829, Extension of a 

Currently Approved Information 

Collection; Comment Request 

ACTION: 60-Day Notice of Information 

Collection Under Review: Form I–829, 

Petition by Entrepreneur to Remove 

Conditions. 

The Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services (USCIS) will be 

submitting the following information 

collection request for review and 

clearance in accordance with the 

Paperwork Reduction Act of 1995. The 

information collection notice is 

published to obtain comments from the 

public and affected agencies. Comments 

are encouraged and will be accepted for 

60 days until August 6, 2012. 

During this 60-day period, USCIS will 

be evaluating whether to revise the 

Form I–829. Should USCIS decide to 

revise Form I–829, we will advise the 

public when we publish the 30-day 

notice in the Federal Register in 

accordance with the Paperwork 

Reduction Act. The public will then 

have 30 days to comment on any 

revisions to the Form I–829. 

Written comments and suggestions 

regarding items contained in this notice, 

and especially with regard to the 

estimated public burden and associated 


srobinson on DSK4SPTVN1PROD with NOTICES