80800 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices 

1The CIPAC was established consistent with 6 

U.S.C. 121 and 6 U.S.C. 451(a). Pursuant to the 

Cybersecurity and Infrastructure Security Agency 

Act of 2018, the National Protection and Programs 

Directorate (NPPD) was re-designated as CISA and 

the authorities related to the CIPAC under 6 U.S.C. 

121 were transferred to 6 U.S.C. 652. 

Email: Address the email to FEMATMAC@fema.dhs.gov. Include the 

docket number in the subject line of the 

message. Include name and contact 

information in the body of the email. 

Instructions: All submissions received 

must include the words ‘‘Federal 

Emergency Management Agency’’ and 

the docket number for this action. 

Comments received will be posted 

without alteration at http://

www.regulations.gov, including any 

personal information provided. 

Docket: For docket access to read 

background documents or comments 

received by the TMAC, go to http://

www.regulations.gov and search for the 

Docket ID FEMA–2014–0022. 

A public comment period will be held 

on Tuesday, January 19, 2021, from 12 

p.m. to 12:30 p.m. ET and Wednesday, 

January 20, 2021, from 12 p.m. to 12:30 

p.m. ET. The public comment period 

will not exceed 30 minutes. Please note 

that the public comment period may 

end before the time indicated, following 

the last call for comments. Contact the 

individual listed below to register as a 

speaker by close of business on Friday, 

January 15, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Michael Nakagaki, Designated Federal 

Officer for the TMAC, FEMA, 400 C 

Street SW, Washington, DC 20024, (202) 

212–2148, michael.nakagaki@

fema.dhs.gov. The TMAC website is: 

https://www.fema.gov/flood-maps/ 

guidance-partners/technical-mappingadvisory-council 

SUPPLEMENTARY INFORMATION: Notice of 

this meeting is given under the Federal 

Advisory Committee Act, 5 U.S.C. App. 

(Pub. L. 92–463). 

In accordance with the Biggert-Waters 

Flood Insurance Reform Act of 2012, the 

TMAC makes recommendations to the 

FEMA Administrator on: (1) How to 

improve, in a cost-effective manner, the 

(a) accuracy, general quality, ease of use, 

and distribution and dissemination of 

flood insurance rate maps and risk data; 

and (b) performance metrics and 

milestones required to effectively and 

efficiently map flood risk areas in the 

United States; (2) mapping standards 

and guidelines for (a) flood insurance 

rate maps, and (b) data accuracy, data 

quality, data currency, and data 

eligibility; (3) how to maintain, on an 

ongoing basis, flood insurance rate maps 

and flood risk identification; (4) 

procedures for delegating mapping 

activities to State and local mapping 

partners; and (5) (a) methods for 

improving interagency and 

intergovernmental coordination on 

flood mapping and flood risk 

determination, and (b) a funding 

strategy to leverage and coordinate 

budgets and expenditures across Federal 

agencies. Furthermore, the TMAC is 

required to submit an annual report to 

the FEMA Administrator that contains: 

(1) A description of the activities of the 

Council; (2) an evaluation of the status 

and performance of flood insurance rate 

maps and mapping activities to revise 

and update Flood Insurance Rate Maps; 

and (3) a summary of recommendations 

made by the Council to the FEMA 

Administrator. 

Agenda: The purpose of this meeting 

is for the TMAC members to hold a vote 

to submit the final report to the FEMA 

Administrator. Any related materials 

will be posted to the FEMA TMAC site 

prior to the meeting to provide the 

public an opportunity to review the 

materials. The full agenda and related 

meeting materials will be posted for 

review by Friday, January 15, 2021, at 

https://www.fema.gov/flood-maps/ 

guidance-partners/technical-mappingadvisory-council. 

Michael M. Grimm, 

Assistant Administrator for Risk 

Management, Federal Emergency 

Management Agency. 

[FR Doc. 2020–27374 Filed 12–11–20; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Notice of the Renewal of the Critical 

Infrastructure Partnership Advisory 

Council Charter 

AGENCY: Cybersecurity and 

Infrastructure Security Agency (CISA), 

DHS. 

ACTION: Notice of availability; renewal of 

the Critical Infrastructure Partnership 

Advisory Council Charter. 

SUMMARY: On November 30, 2020, the 

Department renewed the Critical 

Infrastructure Partnership Advisory 

Council (CIPAC)Charter. Through this 

notice, the Department is making the 

renewed CIPAC Charter publicly 

available and highlighting updated 

information and guidelines that have 

been included in the renewed charter. 

FOR FURTHER INFORMATION CONTACT: 

Ginger K. Norris, 202–441–5885, 

ginger.norris@cisa.dhs.gov. 

SUPPLEMENTARY INFORMATION: DHS 

established the CIPAC on March 24, 

2006.1 (71 FR 14930). The CIPAC 

facilitates interactions between 

government officials and representatives 

of owners and/or operators for each of 

the critical infrastructure sectors 

established by Presidential Policy 

Directive 21 and identified in the 

current National Infrastructure 

Protection Plan. Please visit https://

www.cisa.gov/critical-infrastructurepartnership-advisory-council for more 

information on CIPAC, activities 

supported by CIPAC, CIPAC 

Membership Roster, and Council 

information. 

On November 30, 2020, the Secretary 

of Homeland Security, renewed the 

CIPAC Charter for an additional two 

years. The renewed CIPAC Charter 

supersedes the CIPAC Charter dated 

November 30, 2018 and is available on 

the CIPAC website at https://

www.cisa.gov/critical-infrastructurepartnership-advisory-council. The 

renewed CIPAC Charter includes 

updated information and guidelines 

concerning: (1) The formation, 

governance, and responsibilities of 

councils, working groups, and cross 

sector activities,(2) ethics and integrity 

standards applicable to CIPAC 

participants,(3) information sharing 

requirements; and (4) provisions 

authorizing training on new ethics 

standards and information sharing 

requirements. 

Ginger K. Norris, 

Designated Federal Official, Critical 

Infrastructure Partnership Advisory Council, 

Cybersecurity and Infrastructure Security 

Agency, Department of Homeland Security. 

[FR Doc. 2020–27365 Filed 12–11–20; 8:45 am] 

BILLING CODE 9110–9P–P 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket No. DHS–2020–0015] 

Privacy Act of 1974; System of 

Records 

AGENCY: Privacy Office, U.S. 

Department of Homeland Security. 

ACTION: Notice of a New System of 

Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the U.S. 

Department of Homeland Security 

(DHS) proposes to establish a new DHS 

system of records titled, ‘‘U.S. 

Department of Homeland Security/ALL– 

046 Counterintelligence Program 

System of Records.’’ This system of 

records allows DHS to collect and 

maintain records as part of the unified 


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Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices 80801 

Counterintelligence Program across the 

Department. ‘‘Counterintelligence’’ is 

defined as information gathered and 

activities conducted to identify, deceive, 

exploit, disrupt, or protect against 

espionage, other intelligence activities, 

sabotage, or assassinations conducted 

for or on behalf of Foreign Intelligence 

Entities. DHS will use the system to 

facilitate counterintelligence functions 

including analysis, production, 

collections, investigative activities, 

operations, and functional support. 

DATES: Submit comments on or before 

January 13, 2021. This new system will 

be effective upon publication. New 

routine uses will be effective January 13, 

2021. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2020–0015 by one of the following 

methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Constantina Kozanas, Chief 

Privacy Officer, Privacy Office, U.S. 

Department of Homeland Security, 

Washington, DC 20528–0655. 

Instructions: All submissions received 

must include the agency name and 

docket number DHS–2020–0015. 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: Robert 

Hale, (202) 447–3984, CI.Question@

hq.dhs.gov, Assistant Director, 

Enterprise Program Management, 

Counterintelligence Mission Center, 

Office of Intelligence and Analysis, 3801 

Nebraska Avenue, Washington, DC 

20528–0655. For privacy questions, 

please contact: Constantina Kozanas, 

(202) 343–1717, Privacy@hq.dhs.gov, 

Chief Privacy Officer, Privacy Office, 

U.S. Department of Homeland Security, 

Washington, DC 20528–0655. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

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

Homeland Security (DHS) proposes to 

issue a new DHS system of records 

titled, ‘‘DHS/ALL–046 

Counterintelligence Program System of 

Records.’’ 

DHS developed the 

Counterintelligence (CI) Program to 

identify, deceive, exploit, disrupt, or 

protect against espionage, other 

intelligence activities, sabotage, or 

assassinations conducted for or on 

behalf of Foreign Intelligence Entities 

(FIE). FIEs are known or suspected 

foreign state or non-state organizations 

or persons that conduct intelligence 

activities to acquire information about 

the United States, block or impair 

intelligence collection by the United 

States Government, influence United 

States policy, or disrupt systems and 

programs owned or operated by or 

within the United States, all of which 

may impact or influence DHS 

operations and missions. The term 

includes foreign intelligence and 

security services, international 

terrorists, transnational criminal 

organizations, and drug trafficking 

organizations conducting intelligencerelated activities. 

DHS is creating this new CI program 

system of records to account for the 

expansion of the Department’s CI 

program beyond the Office of 

Intelligence and Analysis (I&A) and the 

United States Coast Guard (USCG) to 

include Cybersecurity and Infrastructure 

Security Agency (CISA), Countering 

Weapons of Mass Destruction Office 

(CWMD), Federal Emergency 

Management Agency (FEMA), Federal 

Protective Service (FPS), Transportation 

Security Administration (TSA), U.S. 

Customs and Border Protection (CBP), 

U.S. Citizenship and Immigration 

Services (USCIS), U.S. Immigration and 

Customs Enforcement (ICE), and U.S. 

Secret Service (USSS). 

Some DHS counterintelligence 

records previously covered under the 

DHS/IA–001 Enterprise Records System 

(ERS) system of records notice (SORN) 

will now be part of the Department’s CI 

Program SORN. This notice does not 

rescind, revoke, or supersede the ERS 

SORN insofar as program offices in I&A 

will continue to maintain records 

separate from the CI program within 

that system of records. 

The DHS CI Program derives its 

authorities from those provided to the 

Secretary of Homeland Security and to 

the Under Secretary for Intelligence and 

Analysis (USIA). The additional 

counterintelligence authorities provided 

to the USCG are not further shared with 

the rest of the DHS CI Program and are 

not restricted based on the limitations 

applied to I&A. Other DHS Components 

and offices in the DHS CI Program also 

retain their individual authorities and 

capabilities provided to those 

Components through statute, executive 

order, or DHS Delegation (e.g. TSA 

retains its authorities regarding 

transportation security and these 

authorities are not impacted by TSA’s 

inclusion in the DHS CI Program). 

The DHS CI Program derives its 

authorities primarily from Executive 

Order 12333, United States Intelligence 

Activities, which authorizes all 

members of the Intelligence Community 

to collect information concerning, and 

conduct activities to protect against, 

amongst other things, intelligence 

activities directed against the United 

States. All members of the Intelligence 

Community are further tasked with 

protecting the security of intelligence 

related activities, information, 

installations, property, and employees 

by appropriate means, including such 

investigations of applicants, employees, 

contractors, and other persons with 

similar associations with the 

Intelligence Community elements as are 

necessary. Pursuant to Executive Order 

12333, DHS’s I&A is specifically 

authorized to collect (overtly or through 

publicly available sources) analyze, 

produce, and disseminate foreign 

intelligence and counterintelligence, 

including defense and defense-related 

information and intelligence to support 

national and departmental missions. In 

addition, Executive Order 12333 

authorizes the Commandant of the Coast 

Guard to conduct counterintelligence 

activities, including through clandestine 

means. USCG intelligence authorities 

are functionally derived from Executive 

Order 13286, Amendment of Executive 

Orders, and Other Actions, in 

Connection with the Transfer of Certain 

Functions to the Secretary of Homeland 

Security. 

The key distinction between the 

authorities for I&A and the USCG, 

specifically as it relates to collection of 

counterintelligence information, rests in 

the authority for USCG to collect 

counterintelligence using clandestine 

means, while I&A is only permitted to 

collect from overt or publicly available 

sources. The USCG is the only DHS 

component with the authority to 

conduct clandestine counterintelligence 

activities. 

In addition to Executive Order 12333, 

the Homeland Security Act of 2002, 

codified at 6 U.S.C. 121–126, authorizes 

the USIA’s role as the DHS 

Counterintelligence Executive. 

Furthermore, 6 U.S.C. 124d authorizes 

the DHS Intelligence Components 

(defined in 6 U.S.C. 101(11) as any 

element or entity (i.e., DHS Component) 

that collects, gathers, processes, 

analyzes, produces, or disseminates 

intelligence information within the 

scope of the Information Sharing 

Environment or National Intelligence) to 

support and implement the intelligence 

mission of the Department, as led by the 


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USIA. The DHS CI Program is part of the 

overall DHS intelligence mission. 

Counterintelligence collections within 

the DHS CI Program (I&A, USCG, and all 

other Component CI programs) are 

undertaken as part of an integrated 

national and departmental effort. The 

DHS CI Program follows the Intelligence 

Community model for conducting 

counterintelligence, as described in 

Intelligence Community Directive 750— 

Counterintelligence Program and other 

National Counterintelligence Security 

Center guidance. The DHS CI Program 

performs a variety of functions to fulfill 

its mission, including investigations, 

information collections, operations, 

analysis and production, and supporting 

functional services. 

The DHS CI Program collects 

personally identifiable information (PII) 

directly from DHS employees and 

contractors via in-person interviews, 

from individuals outside of DHS who 

may have information relevant to a CI 

matter, government-controlled and 

public data aggregators, forensic 

examination of documents and 

electronic media, and anonymous tips 

and leads provided via email, 

telephone, and written notes or letters. 

As relates to CI investigations and 

operations, PII may be used to identify 

individuals who are involved in, 

witness to, or knowledgeable of CIrelated activities that are the subject of 

a CI investigation or operation by the 

DHS CI Program or other federal law 

enforcement or intelligence agencies 

where there is a DHS equity. CI 

analytical products generally contain 

very limited amounts of PII, with 

sources and individuals referenced in a 

finished intelligence product 

anonymized to the greatest extent 

possible. Furthermore, the DHS CI 

Program provides DHS employees with 

CI awareness training, during which PII 

is collected directly from DHS 

employees in order to maintain a record 

of when CI awareness training was last 

received. 

Consistent with DHS’s information 

sharing mission, information stored in 

the DHS/ALL–046 Counterintelligence 

Program 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. 

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’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 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–046 Counterintelligence Program 

System of Records. In accordance with 

5 U.S.C. 552a(r), DHS has provided a 

report of this system of records to the 

Office of Management and Budget and 

to Congress. 

SYSTEM NAME AND NUMBER: 

U.S. Department of Homeland 

Security (DHS) DHS/ALL–046 

Counterintelligence Program System of 

Records. 

SECURITY CLASSIFICATION: 

Unclassified and Classified. 

SYSTEM LOCATION: 

Records are maintained at several 

DHS Headquarters and Component 

locations in Washington, DC and field 

offices. 

SYSTEM MANAGER(S): 

Robert Hale, Assistant Director, 

Enterprise Program Management, (202) 

447–3984, CI.Question@hq.dhs.gov, 

Counterintelligence Mission Center, 

Office of Intelligence and Analysis, U.S. 

Department of Homeland Security, 

Washington, DC 20528. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title II and Title VIII, section 892 of 

the Homeland Security Act of 2002, 

Public Law 107–296, 116 Stat. 2135 

(Nov. 25, 2002), as amended (6 U.S.C. 

121, et seq.); Executive Order 12333, 

United States Intelligence Activities, 46 

FR 59941 (December 4, 1981), reprinted 

as amended in 73 FR 45325 (July 30, 

2008); Executive Order 13526, Classified 

National Security Information, 75 FR 

707 (January 5, 2010); Executive Order 

13556, Controlled Unclassified 

Information, 75 FR 68675 (November 9, 

2010); and Executive Order 13388, 

Further Strengthening the Sharing of 

Terrorism Information to Protect 

Americans, 70 FR 62023 (October 27, 

2005). 

PURPOSE(S) OF THE SYSTEM: 

The purpose of this system is to 

collect, store and maintain records 

related to, and in furtherance of, the 

counterintelligence collections and 

activities of the DHS CI Program. DHS 

will use this system to conduct 

administrative inquiries to identify, 

analyze, and neutralize foreign 

intelligence threats to DHS personnel, 

facilities, equipment, networks, 

information and activities; report on 

foreign contacts and travel, including 

briefings and debriefings; conduct 

counterintelligence investigative 

activities and produce intelligence on 

foreign intelligence entities; provide 

counterintelligence awareness training; 

and other activities relating to the DHS 

CI Program’s responsibilities. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

• Current and former DHS employees, 

contractors, consultants, detailees, 

interns, applicants for employment, and 

other individuals provided authorized 

access to DHS facilities, systems, or 

sensitive or classified information; 

• Individuals who are known, 

reasonably believed to be, or are 

suspected of being, involved in or 

linked to: 

• Intelligence activities, or other 

individuals known or suspected of 

engaging in intelligence activities, on 

behalf of FIEs; 

• officers or employees of, or 

otherwise acting for or on behalf of, a 

foreign government or element thereof, 

foreign organizations, or foreign 

persons; 

• officers, employees, or members of 

an organization reasonably believed to 

be owned or controlled directly or 

indirectly by a foreign power; or 

• clandestine intelligence activities, 

sabotage, assassinations, or international 

terrorist activities. 

• Individuals reasonably believed to 

be targets, hostages, or victims of 

international terrorist organizations, 

transnational criminal organizations, or 

drug trafficking organizations; 


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• Individuals who are closely 

associated with the above categories 

(e.g., immediate family members, 

members of a household, business 

partners); and 

• Individuals who voluntarily request 

assistance or information, through any 

means, from the DHS CI Program, or 

individuals who voluntarily provide 

information concerning any of the 

activities above, which may threaten or 

otherwise affect homeland security. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system may collect the following 

types of information if related to CI: 

• Classified and unclassified 

intelligence (national intelligence, 

foreign intelligence, and 

counterintelligence), counterterrorism, 

homeland security, and related law 

enforcement information, including 

source records and the reporting and 

results of any analysis of this 

information, obtained from all agencies, 

components and organizations of the 

Federal government, including the IC; 

foreign governments, organizations or 

entities, and international organizations; 

State, local, tribal and territorial 

government agencies (including law 

enforcement agencies); and private 

sector entities; 

• Information provided by record 

subjects and individual members of the 

public; 

• Information obtained from the 

Terrorist Screening Center, the National 

Counterterrorism Center, or from other 

organizations about individuals known 

or reasonably suspected of being 

engaged in conduct constituting, 

preparing for, aiding, or relating to 

terrorism; 

• Information obtained from the 

National Counterintelligence Security 

Center, the Federal Bureau of 

Investigation, or from other 

organizations about individuals known 

or reasonably suspected of being 

engaged in conduct associated with 

espionage, other intelligence activities, 

sabotage, or assassinations; 

• Active and historical law 

enforcement investigative information; 

• Information related to lawful DHS 

security investigations, including 

authorized physical, personnel, and 

communications security investigations, 

and information systems security 

analysis and reporting; 

• Operational and administrative 

records, including correspondence 

records; 

• Financial information, when 

relevant to an authorized intelligence, 

counterterrorism, homeland security, or 

related law enforcement activity; 

• Public source data such as that 

contained in media, including 

periodicals, newspapers, broadcast 

transcripts, and other public reports and 

commercial databases; 

• Publicly available social media 

handles and aliases, associated 

identifiable information, and search 

results; and 

• Metadata, which may include but is 

not limited to transaction date, time, 

location, and frequency. 

Examples of information related to the 

‘‘Categories of Individuals’’ listed above 

may include: 

• Individual’s name and alias(es); 

• Date and place of birth; 

• Gender; 

• Country of citizenship; 

• Country of nationality; 

• Country of residence; 

• A-Number(s); 

• Email address; 

• SSN; 

• Vehicular information; 

• Government issued identification 

information (i.e., passport, driver’s 

license), 

Æ Document type; 

Æ Issuing organization; 

Æ Driver’s license; 

Æ Document number; and 

Æ Expiration date. 

• Physical characteristics (height, 

weight, race, eye and hair color, 

ethnicity, identifying marks like tattoos 

or birthmarks); 

• Biometric information (e.g., 

fingerprints, photographs) and other 

information used to conduct 

background and security checks; 

• Physical and mailing addresses (to 

include U.S. and foreign); 

• Phone and fax numbers (including 

mobile phone numbers); 

• Records regarding organization 

membership(s) or affiliation(s); 

• Employment history; 

• Results from intelligence analysis 

related to counterintelligence; 

• Background investigative reports 

and supporting documentation, 

including criminal background, 

medical, and financial data; 

• Family relationships (e.g., parent, 

spouse, sibling, child, other 

dependents); 

• Criminal history; 

• Flight information; 

• Border crossing information; 

• Reports on foreign contacts; 

• Records and information from 

government data systems or retrieved 

from commercial data providers in the 

course of intelligence research, analysis, 

and reporting; 

• Immigration and visa information; 

and 

• Investigative files containing 

allegations and complaints; witness 

statements; transcripts of electronic 

monitoring; subpoenas and legal 

opinions and advice; reports of 

investigation; reports of criminal, civil, 

and administrative actions taken as a 

result of the investigation; and other 

relevant evidence; handwriting 

exemplars, laboratory analyses of inks 

and papers; handwriting analyses; 

information, reports or opinions from 

the forensic examination of 

documentary and digital media 

evidence; polygraph case files; search 

warrants and search warrant returns; 

indictments; certified inventories of 

property held as evidence; sworn and 

unsworn witness statements; state, 

local, and foreign criminal investigative 

information and reports; names and 

telephone numbers of individuals 

intercepted by electronic, mechanical, 

or other device under the provisions of 

18 U.S.C. 2510 et seq compiled during 

the lawful course of a criminal or civil 

investigation. 

Records will also include those 

relating to: 

• Management and coordination of 

DHS counterintelligence systems and 

activities; 

• analytical, operational, biographic, 

policy, management, training, 

administrative matters and operational 

support related to DHS 

counterintelligence, force protection, 

critical infrastructure protection, 

research and technology protection, 

threat analysis, counter-narcotics and 

risk assessments; and 

• architecture and operation of DHS 

counterintelligence information 

systems. 

• reports of investigation, collection, 

statements of individuals, affidavits, 

correspondence, and other 

documentation pertaining to 

investigative or analytical efforts by 

DHS and other U.S. government 

agencies to identify or counter foreign 

intelligence and international terrorist 

threats to DHS and to the United States. 

• records maintained in ad hoc or 

temporary databases established to 

support certain investigations, task 

forces or analytical projects. 

RECORD SOURCE CATEGORIES: 

Federal, state, local, territorial, tribal, 

or other domestic agencies, foreign 

agencies, multinational or nongovernmental organizations, critical 

infrastructure owners and operators, 

private sector entities and organizations, 

individuals, commercial data providers, 

and public sources such as social media, 

news media outlets, and the internet. 


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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 agencies 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 with 

information 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 to assist 

the recipient agency or entity in (1) 

responding to a suspected or confirmed 

breach or (2) preventing, minimizing, or 

remedying the risk of harm to 

individuals, the recipient agency or 

entity (including its information 

systems, programs, and operations), the 

Federal Government, or national 

security, resulting from a suspected or 

confirmed breach. 

G. To an appropriate Federal, state, 

tribal, local, international, or foreign law 

enforcement agency or other appropriate 

authority charged with investigating or 

prosecuting a violation or enforcing or 

implementing a law, rule, regulation, or 

order, when a record, either on its face 

or in conjunction with other 

information, indicates a violation or 

potential violation of law, which 

includes criminal, civil, or regulatory 

violations and such disclosure is proper 

and consistent with the official duties of 

the person making the disclosure. 

H. To contractors and their agents, 

grantees, experts, consultants, and 

others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for DHS, 

when necessary to accomplish an 

agency function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. 

I. To representatives of the 

Department of Justice and other U.S. 

Government entities, to the extent 

necessary to obtain their advice on any 

matter that is within their official 

responsibilities, authorities, and 

missions, in order to provide support to 

DHS’s CI Program and the purposes of 

this system. 

J. To any Federal, state, local, tribal, 

territorial, foreign, or multinational 

government or agency, or appropriate 

private sector individuals and 

organizations, with responsibilities 

relating to homeland security, including 

responsibilities to counter, deter, 

prevent, prepare for, respond to, or 

recover from a natural or manmade 

threat, including an act of terrorism, or 

to assist in or facilitate the coordination 

of homeland security threat awareness, 

assessment, analysis, deterrence, 

prevention, preemption, and response. 

K. To a Federal, state, local, tribal, or 

territorial government or agency 

lawfully engaged in the collection of 

intelligence (including national 

intelligence, foreign intelligence, and 

counterintelligence), counterterrorism, 

homeland security, law enforcement or 

law enforcement intelligence, and other 

information, when disclosure is 

undertaken for intelligence, 

counterterrorism, homeland security, or 

related law enforcement purposes, as 

authorized by U.S. Law or Executive 

Order, and in accordance with 

applicable disclosure policies. 

L. To any other agency within the 

Intelligence Community, as defined in 

Executive Order 12333, as amended, for 

the purpose of allowing that agency to 

determine whether the information is 

relevant and necessary to its missionrelated responsibilities and in 

accordance with that agency’s classified 

or unclassified implementing 

procedures promulgated pursuant to 

such orders and directives, or any other 

statute, Executive Order or directive of 

general applicability. 

M. To a Federal, state, local, tribal, 

territorial, foreign, or multinational 

government or agency, or other entity, 

including, as appropriate, certain 

private sector individuals and 

organizations, when disclosure is in 

furtherance of the CI Program and DHS 

information sharing responsibilities 

under the Homeland Security Act of 

2002, as amended, the Intelligence 

Reform and Terrorism Prevention Act of 

2004, the National Security Act of 1947, 

as amended, Executive Order 12333, as 

amended, or any successor order, 

national security directive, intelligence 

community directive, other directive 

applicable to DHS, and any classified or 

unclassified implementing procedures 

promulgated pursuant to such orders 

and directives, or any other statute, 

Executive Order or directive of general 

applicability, and where such disclosure 

is otherwise compatible with the 

purpose for which the record was 

originally acquired or created by DHS. 

N. To an appropriate Federal, State, 

local, tribal, territorial, 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. 

O. To the President’s Foreign 

Intelligence Advisory Board, the 

Intelligence Oversight Board, any 

successor organizations, and any 

intelligence oversight entities 

established by the President, when 

disclosure will assist these entities in 


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the performance of their oversight 

functions. 

P. To foreign persons or foreign 

government agencies, international 

organizations, and multinational 

agencies or entities, under 

circumstances or for purposes mandated 

or imposed by Federal statute, treaty, or 

other international agreement or 

arrangement. 

Q. To any individual, organization, or 

entity, as appropriate, to notify them of 

a serious threat to homeland security for 

the purpose of guarding them against or 

responding to such a threat, or when 

there is a reason to believe that the 

recipient is or could become the target 

of a particular threat, to the extent the 

information is relevant to the protection 

of life, health, or property. 

R. To any Federal government agency 

when documents or other information 

obtained from that agency are used in 

compiling the particular record, the 

record is also relevant to the official 

responsibilities of that agency, and there 

otherwise exists a need for that agency 

to know the information in the 

performance of its official functions. 

S. 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: 

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 an 

individual’s name or other identifier, 

including unique identifying numbers 

assigned by DHS or other government 

agencies. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Records are retained and disposed of 

in accordance with approved records 

retentions schedules. Records on U.S. 

Persons, as defined in Executive Order 

12333, are retained so long as there is 

a mission need, in accordance with N1– 

563–09–7–1. If DHS determines that 

U.S. Person record meets the two-part 

test, as described in N1–563–09–7–1, 

the records must be reviewed annually 

to determine whether there is still a 

mission need to retain the information. 

The majority of the DHS CI Program has 

180 days from the date U.S. Person 

information is first collected to 

determine whether it meets the two-part 

test. 

The exception is USCG, where, 

pursuant to COMDTINST M3820.12, 

‘‘Coast Guard Intelligence Activities’’, 

USCG originators of intelligence 

products have 90 days from the date of 

collection of USPER data to determine 

whether the information may be 

permanently retained within the USCG 

authorized procedures. USCG is 

working to update this instruction, and 

under the new version, will be 

permitted up to 5 years to determine if 

the USPER data may be permanently 

retained. At the anniversary date (or any 

time beforehand) a record is first 

certified as U.S. Person information can 

be reviewed and certified that there is 

still a mission need to retain the 

information. The anniversary date will 

then be set for an additional year out. 

This can go on for as long as the 

information is deemed necessary for the 

mission. Once certification has been 

removed, such records are temporary 

and must be destroyed and deleted 

immediately upon removal of 

certification. Certified and categorized 

records reaching the expiration date 

without review/renewal one year from 

date of categorization are temporary and 

must be destroyed and deleted upon 

that one-year cutoff. Finally, 

uncategorized records that do not meet 

the required two-part test are temporary 

and must be destroyed and deleted 

within 180 days (90 days for USCG) 

from the date the information is 

collected. 

Interception, Monitoring and 

Recording of Wire and Oral 

Communication Records are retained in 

accordance with N1–563–08–5, and are 

temporary. Records are cutoff at the end 

of the calendar year in which the record 

was created, and are destroyed 10 years 

after cutoff. 

Clip Reports are non-records, and are 

destroyed or deleted when no longer 

needed for reference. 

Finished Intelligence Case Files are 

retained in accordance with N1–563– 

07–16–4, and are permanent. Records 

cutoff date is at the end of the calendar 

year in which the case is closed and are 

transferred to the National Archives for 

permanent retention 20 years after such 

cutoff date. 

Raw Reporting Files are retained in 

accordance with N1–563–07–16–3, and 

are temporary. Records cutoff date is at 

end of calendar year such records are 

collected and are destroyed or deleted 

30 years after such cutoff date. 

Counterintelligence Case Files are 

retained in accordance with N1–563– 

08–4–1, and are temporary. Records 

cutoff date is the end of the fiscal year 

of when the case has been closed and 

are destroyed 20 years after such cutoff 

date. 

Non-Referral Files are retained in 

accordance with N1–563–08–4–3, and 

are temporary. Records are destroyed 

when 5 years old from first collected. 

Certification File records are retained 

in accordance with N1–563–08–11–1, 

and are temporary. Records cutoff date 

is the end of the calendar year in which 

certification was received. Records are 

to be destroyed when 10 years old or 10 

years after completion of a specific 

training program or upon separation or 

transfer of employee, whichever is 

sooner. 

Mission-Related Training records are 

retained in accordance with N1–563– 

08–11–2, and are temporary. Records 

cutoff date is at the end of the calendar 

year in which course or material is 

superseded and are destroyed or deleted 

30 years after cutoff date. 

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: 

As described below, this system of 

records is exempt from the notification, 

access, and amendment provisions of 

the Privacy Act, and the Judicial 

Redress Act if applicable. However, 

DHS will consider individual requests 

to determine whether or not information 

may be released. 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 FOIA 

Officer for the Office of Intelligence and 

Analysis, whose contact information 

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

under ‘‘Contacts Information.’’ If an 


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80806 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices 

individual believes more than one 

component maintains Privacy Act 

records concerning him or her, the 

individual may submit the request to 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

U.S. Department of Homeland Security, 

Washington, DC 20528–0655. Even if 

neither the Privacy Act nor the Judicial 

Redress Act provides a right of access, 

certain records about you may be 

available under the Freedom of 

Information Act. 

When an individual is seeking records 

about himself or herself from this 

system of records or any other 

Departmental system of records, the 

individual’s request must conform with 

the Privacy Act regulations set forth in 

6 CFR part 5. The individual must first 

verify his/her identity, meaning that the 

individual must provide his/her full 

name, current address, and date and 

place of birth. The individual must sign 

the request, and the individual’s 

signature must either be notarized or 

submitted under Title 28 U.S.C. 1746, a 

law that permits statements to be made 

under penalty of perjury as a substitute 

for notarization. While no specific form 

is required, an individual may obtain 

forms for this purpose from the Chief 

Privacy Officer and Chief Freedom of 

Information Act Officer, http://

www.dhs.gov/foia or 1–866–431–0486. 

In addition, the individual should: 

• Explain why he or she believes the 

Department would have information 

being requested; 

• Identify which component(s) of the 

Department he or she believes may have 

the information; 

• Specify when the individual 

believes the records would have been 

created; and 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; 

If the request is seeking records 

pertaining to another living individual, 

the request must include an 

authorization from the individual whose 

record is being requested, authorizing 

the release to the requester. 

Without the above information, the 

component(s) may not be able to 

conduct an effective search, and the 

individual’s request may be denied due 

to lack of specificity or lack of 

compliance with applicable regulations. 

CONTESTING RECORD PROCEDURES: 

For records covered by the Privacy 

Act or covered JRA records, individuals 

may make a request for amendment or 

correction of a record of the Department 

about the individual by writing directly 

to the Department component that 

maintains the record, unless the record 

is not subject to amendment or 

correction. The request should identify 

each particular record in question, state 

the amendment or correction desired, 

and state why the individual believes 

that the record is not accurate, relevant, 

timely, or complete. The individual may 

submit any documentation that would 

be helpful. If the individual believes 

that the same record is in more than one 

system of records, the request should 

state that and be addressed to each 

component that maintains a system of 

records containing the record. 

NOTIFICATION PROCEDURES: 

See ‘‘Record Access Procedures’’ 

above. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

The Secretary of Homeland Security, 

pursuant to 5 U.S.C. 552a(j)(2), has 

exempted this system from the 

following provisions of the Privacy Act: 

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

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

(e)(5), (e)(8), (e)(12); (f); and (g)(1). 

Additionally, the Secretary of Homeland 

Security, pursuant to 5 U.S.C. 

552a(k)(1), (k)(2), and (k)(5), has 

exempted this system from the 

following provisions of the Privacy Act: 

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

(e)(4)(H), (e)(4)(I); and (f). When this 

system receives a record from another 

system exempted in that source system 

under Title 5 U.S.C. 552a(j)(2), 5 U.S.C. 

552a(k)(1), (k)(2), and (k)(5), DHS will 

claim the same exemptions for those 

records that are claimed for the original 

primary systems of records from which 

they originated and claims any 

additional exemptions set forth here. 

HISTORY: 

None. 

* * * * * 

Constantina Kozanas, 

Chief Privacy Officer, U.S. Department of 

Homeland Security. 

[FR Doc. 2020–27315 Filed 12–11–20; 8:45 am] 

BILLING CODE 9110–9N–P 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket No. DHS–2020–0017] 

Privacy Act of 1974; System of 

Records 

AGENCY: U.S. Customs and Border 

Protection, U.S. Department of 

Homeland Security. 

ACTION: Notice of Modified Privacy Act 

System of Records. 

SUMMARY: The U.S. Department of 

Homeland Security (DHS)/U.S. Customs 

and Border Protection (CBP) proposes to 

modify and reissue an existing system of 

records titled, ‘‘DHS/CBP–024 CBP 

Intelligence Records System (CIRS).’’ 

CIRS contains information collected by 

CBP to support CBP’s law enforcement 

intelligence mission. This information 

includes raw intelligence information 

collected by CBP’s Office of Intelligence 

(OI), public source information, and 

information initially collected by CBP 

pursuant to its immigration and customs 

authorities, which is then analyzed and 

incorporated into intelligence products. 

DATES: Submit comments on or before 

January 13, 2021. This modified system 

will be effective January 13, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2020–0017 by one of the following 

methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Constantina Kozanas, Chief 

Privacy Officer, Privacy Office, U.S. 

Department of Homeland Security, 

Washington, DC 20528. 

Instructions: All submissions received 

must include the agency name and 

docket number DHS–2020–0017. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact: Debra 

L. Danisek (202) 344–1610, 

privacy.cbp@cbp.dhs.gov, CBP Privacy 

Officer, U.S. Customs and Border 

Protection, 1300 Pennsylvania Avenue 

NW, Washington, DC 20229. For privacy 

questions, please contact: Constantina 

Kozanas, (202) 343–1717, Privacy@

hq.dhs.gov, Chief Privacy Officer, 

Privacy Office, U.S. Department of 

Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

CBP currently uses the Analytical 

Framework for Intelligence (AFI) and 

the Intelligence Reporting System (IRS) 

to facilitate the development of finished 

intelligence products. Information 

collected by CBP for an intelligence 

purpose that is not covered by an 

existing DHS System of Records Notice 

(SORN) and is not incorporated into a 

finished intelligence product is retained 

and disseminated in accordance with 


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