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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this SORN. Finished intelligence 

products, and the information contained 

in those products, regardless of the 

original source system of that 

information, is also retained and 

disseminated in accordance with this 

SORN. 

The previously issued Final Rule 

exempting portions of this system of 

records from one or more provisions of 

the Privacy Act because of criminal, 

civil, and administrative enforcement 

requirements remains in effect. 

This modified system will be 

included in DHS’s inventory of record 

systems. 

I. Background 

In accordance with the Privacy Act of 

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

Department of Homeland Security 

(DHS)/U.S. Customs and Border 

Protection (CBP) proposes to modify 

and reissue an existing DHS system of 

records titled, ‘‘DHS/CBP–024 CBP 

Intelligence Records System (CIRS) 

System of Records.’’ 

The CBP Intelligence Records System 

(CIRS) system of records is owned by 

CBP’s Office of Intelligence (OI). CIRS 

contains information collected by CBP 

to support CBP’s law enforcement 

intelligence mission. This information 

includes raw intelligence information 

collected by CBP’s OI, public source 

information, and information initially 

collected by CBP pursuant to its 

immigration and customs authorities. 

This information is analyzed and 

incorporated into intelligence products. 

CBP currently uses the Analytical 

Framework for Intelligence (AFI) and 

the Intelligence Reporting System (IRS) 

information technology (IT) systems to 

facilitate the development of finished 

intelligence products. These products 

are disseminated to various stakeholders 

including CBP executive management, 

CBP operational units, various 

government agencies, and the 

Intelligence Community (IC). 

CIRS is the exclusive CBP System of 

Records Notice for finished intelligence 

products and any raw intelligence 

information, public source information, 

or other information collected by CBP 

for an intelligence purpose that is not 

subject to an existing DHS SORN. 

Information collected by CBP for an 

intelligence purpose that is not covered 

by an existing DHS SORN and is not 

incorporated into a finished intelligence 

product is retained and disseminated in 

accordance with this SORN. In addition, 

finished intelligence products, and the 

information contained in those 

products, regardless of the original 

source system of that information, is 

retained and disseminated in 

accordance with this SORN. CIRS 

records were previously covered by the 

Automated Targeting System SORN and 

the Analytical Framework for 

Intelligence System SORN. 

As part of the intelligence process, 

CBP investigators and analysts must 

review large amounts of data to identify 

and understand relationships between 

individuals, entities, threats, and events 

to generate law enforcement intelligence 

products that provide CBP operational 

units with actionable information for 

law enforcement purposes. If performed 

manually, this process can involve 

hours of analysis of voluminous data. 

To automate and expedite this process, 

CBP uses several IT systems to allow for 

the efficient research and analysis of 

data from a variety of sources. Existing 

IT systems that CBP uses to analyze and 

produce intelligence information 

include AFI and IRS. 

AFI is specifically designed to make 

the intelligence research and analysis 

process more efficient by allowing 

searches of a broad range of data 

through a single interface. AFI can also 

identify links (relationships) between 

individuals or entities based on 

commonalities, such as identification 

numbers, addresses, or other 

information. These commonalities in 

and of themselves are not suspicious, 

but in the context of additional 

information they sometimes help DHS 

agents and analysts to identify 

potentially criminal activity and 

identify other suspicious activities. 

These commonalities can also form the 

basis for a DHS-generated intelligence 

product that may lead to further 

investigation or other appropriate 

follow-up action by CBP, DHS, or other 

federal, state, or local agencies. DHS/ 

CBP has published a Privacy Impact 

Assessment (PIA) for AFI, which is 

available on www.dhs.gov/privacy. A 

PIA for IRS is forthcoming. 

CBP is updating and reissuing this 

existing system of records to provide 

additional transparency regarding the 

publicly available landowner records 

CBP receives from state and local 

jurisdictions or may access via a 

commercial data provider. Property 

records are publicly available and often 

searchable via online databases 

provided by local municipalities and 

counties and by commercial providers. 

As part of its border security mission, 

DHS/CBP requires accurate information 

about landowner information along the 

borders of the United States to seek 

expedited real estate Rights of Entry 

(ROE), Right of Way (ROW), and 

subsequent acquisition of land for the 

placement of proposed and approved 

border surveillance technology and 

infrastructure. DHS/CBP is clarifying 

that it receives publicly available 

landowner information from local 

jurisdictions and commercial providers. 

CBP is also clarifying that individuals 

covered by the system may include 

individuals not implicated in activities 

in violation of laws enforced or 

administered by CBP but with pertinent 

knowledge of some circumstance of a 

case or record subject. This category was 

previously limited to only individuals 

with knowledge of narcotics trafficking 

or related activities. Additionally, DHS/ 

CBP is modifying Routine Use ‘‘E’’ and 

adding Routine Uses ‘‘F’’ to conform to 

OMB Memorandum M–17–12. The 

previous Routine Use ‘‘F’’ has been 

renumbered as Routine Use ‘‘H,’’ and 

the content of the previous Routine Use 

‘‘G’’ has been modified to conform with 

the current DHS template. All 

subsequent Routine Uses have been 

renumbered to account for these 

changes. Additionally, this notice 

includes non-substantive changes to 

simplify the formatting and text of the 

previously published notice. 

Individuals may request information 

about records pertaining to themselves 

stored in CIRS as outlined in the 

‘‘Notification Procedure’’ section below. 

CBP reserves the right to exempt various 

records from release pursuant to 

exemptions 5 U.S.C. 552a(j)(2), (k)(1) 

and (k)(2) of the Privacy Act. 

Consistent with DHS’s information 

sharing mission, information stored in 

the DHS/CBP–024 CIRS 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/CBP may share 

information with appropriate federal, 

state, local, tribal, territorial, foreign, or 

international government agencies 

consistent with the routine uses set 

forth in this SORN. 

The previously issued Final Rule 

exempting portions of this system of 

records from one or more provisions of 

the Privacy Act because of criminal, 

civil, and administrative enforcement 

requirements remains in effect. This 

modified system will be included in 

DHS’s inventory of record systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which Federal Government 

agencies collect, maintain, use, and 

disseminate individuals’ records. The 

Privacy Act applies to information that 

is maintained in a ‘‘system of records.’’ 


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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. Similarly, the Judicial Redress 

Act (JRA) provides a statutory right to 

covered persons to make requests for 

access and amendment to covered 

records, as defined by the JRA, along 

with judicial review for denials of such 

requests. In addition, the JRA prohibits 

disclosures of covered records, except as 

otherwise permitted by the Privacy Act. 

Below is the description of the DHS/ 

CBP–024 Intelligence Records System 

(CIRS) 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)/U.S. Customs and 

Border Protection (CBP)-024 CBP 

Intelligence Records System (CIRS) 

System of Records. 

SECURITY CLASSIFICATION: 

Unclassified, Sensitive, For Official 

Use Only, Law Enforcement-Sensitive, 

and Classified. 

SYSTEM LOCATION: 

CBP maintains CIRS records at the 

CBP Headquarters in Washington, DC 

and field offices. CBP uses the 

Analytical Framework for Intelligence 

(AFI) and the Intelligence Reporting 

System (IRS) to facilitate the 

development of finished intelligence 

products and maintain a repository of 

intelligence information records. 

Records may also be stored on paper 

within the Office of Intelligence (OI), 

the National Targeting Center, or in CBP 

field offices. 

SYSTEM MANAGER: 

Assistant Commissioner for the Office 

of Intelligence, U.S. Customs and Border 

Protection, 1300 Pennsylvania Avenue 

NW, Washington, DC 20229. 

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 Trade 

Facilitation and Trade Enforcement Act 

of 2015 (Pub. L. 114–125); 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); the SAFE Port Act 

of 2006 (Pub. L. 109–347); the Aviation 

and Transportation Security Act of 2001 

(Pub. L. 107–71); 6 U.S.C. 202; and 6 

U.S.C. 211. 

PURPOSE(S) OF THE SYSTEM: 

This system of records describes 

CBP’s collection and consolidation of 

information from multiple sources, 

including law enforcement agencies and 

agencies of the U.S. Intelligence 

Community, in order to enhance CBP’s 

ability to: Identify, apprehend, 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 U.S. border 

security. 

CBP maintains intelligence 

information to: 

(a) Support CBP’s collection, analysis, 

reporting, and distribution of law 

enforcement, immigration 

administration, terrorism, intelligence, 

and homeland security information in 

support of CBP’s law enforcement, 

customs and immigration, 

counterterrorism, national security, and 

other homeland security missions. 

(b) Produce law enforcement 

intelligence reporting that provides 

actionable information to CBP’s law 

enforcement and immigration 

administration personnel and to other 

appropriate government agencies. 

(c) Enhance the efficiency and 

effectiveness of the research and 

analysis process for DHS law 

enforcement, immigration, and 

intelligence personnel through 

information technology tools that 

provide for advanced search and 

analysis of various datasets. 

(d) Identify potential criminal 

activity, violations of federal law, and 

threats to homeland security; provide 

overall situational awareness for the 

CBP enterprise; to uphold and enforce 

the law; and to ensure public safety. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include the following: 

1. Individuals (e.g., subjects, 

witnesses, associates, informants) 

associated with border security, 

immigration or customs enforcement, or 

other law enforcement investigations/ 

activities conducted by CBP; 

2. Individuals associated with law 

enforcement investigations or activities 

conducted by other federal, state, tribal, 

territorial, local, or foreign agencies 

when there is a potential nexus to 

national security, CBP’s law 

enforcement responsibilities, or 

homeland security in general; 

3. Individuals known or appropriately 

suspected to be or have been engaged in 

conduct constituting, in preparation for, 

in aid of, or related to terrorism; 

4. Individuals involved in, associated 

with, or who have reported suspicious 

activities, threats, or other incidents 

reported by domestic and foreign 

government agencies, multinational or 

non-governmental organizations, critical 

infrastructure owners and operators, 

private sector entities and organizations, 

and individuals; 

5. Individuals not implicated in 

activities in violation of laws enforced 

or administered by CBP, but with 

pertinent knowledge of some 

circumstance of a case or record subject. 

Such records may contain any 

information, including personal 

identification data, that may assist CBP 

in discharging its responsibilities 

generally (e.g., information which may 

assist in identifying and locating such 

individuals); 

6. Individuals who are the subjects of 

or otherwise identified in classified or 

unclassified intelligence reporting 

received or reviewed by CBP OI; 

7. Individuals identified in law 

enforcement, intelligence, crime, and 

incident reports (including financial 

reports under the Bank Secrecy Act and 

law enforcement bulletins) produced by 

DHS and other government agencies; 

8. Individuals identified in U.S. visa, 

border, immigration, and naturalization 

benefit data, including arrival and 

departure data; 

9. Individuals identified in DHS law 

enforcement and immigration records; 

10. Individuals not authorized to 

work in the United States; 

11. Individuals whose passports have 

been lost or stolen; and 

12. Individuals identified in any 

publicly available or commercially 

available information source such as 

news reports, property records, and 

social media postings. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include information collected by CBP 

for an intelligence purpose that is not 

covered by an existing DHS SORN and 

finished intelligence products. This 

information may include: 

1. Biographic information (e.g., name, 

date of birth, Social Security number, 

alien registration number, citizenship/ 

immigration status, passport 


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information, addresses, phone 

numbers); 

2. Records of immigration 

enforcement activities or law 

enforcement investigations/activities; 

3. Information (including documents 

and electronic data) collected by CBP 

from or about individuals during 

investigative activities and border 

searches; 

4. Records of immigration 

enforcement activities and law 

enforcement investigations/activities 

that have a possible nexus to CBP’s law 

enforcement and immigration 

enforcement responsibilities or 

homeland security in general; 

5. Law enforcement, intelligence, 

crime, and incident reports (including 

financial reports under the Bank 

Secrecy Act and law enforcement 

bulletins) produced by DHS and other 

government agencies; 

6. U.S. visa, border, immigration, and 

naturalization benefit data, including 

arrival and departure data; 

7. Terrorist watchlist information and 

other terrorism-related information 

regarding threats, activities, and 

incidents; 

8. Lost and stolen passport data; 

9. Records pertaining to known or 

suspected terrorists, terrorist incidents, 

activities, groups, and threats; 

10. CBP-generated intelligence 

requirements, analysis, reporting, and 

briefings; 

11. Information from investigative and 

intelligence reports prepared by law 

enforcement agencies and agencies of 

the U.S. foreign intelligence community; 

12. Articles, public-source data 

(including information from social 

media), commercially available 

information, and other published 

information on individuals and events 

of interest to CBP; 

13. Audio and video records retained 

in support of CBP’s law enforcement, 

national security, or other homeland 

security missions; 

14. Records and information from 

government data systems or retrieved 

from commercial data providers in the 

course of intelligence research, analysis, 

and reporting, including records of 

property ownership; 

15. Reports of suspicious activities, 

threats, or other incidents generated by 

CBP or third parties; 

16. Additional information about 

confidential sources or informants; and 

17. Metadata, which may include but 

is not limited to transaction date, time, 

location, and frequency. 

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. 

CBP will abide by the safeguards, 

retention schedules, and dissemination 

requirements of DHS source system 

SORNs to the extent those systems are 

applicable and the information is not 

incorporated into a finished intelligence 

product. For additional information, 

please see the Privacy Impact 

Assessment for the Analytical 

Framework for Intelligence and the 

forthcoming Privacy Impact Assessment 

for the Intelligence Reporting System. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

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 a request for information 

(RFI), project, or the index shall not be 

disclosed external to DHS. The routine 

uses below apply only to 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 records or information 

contained in this system may be 

disclosed outside DHS as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

A. To the Department of Justice (DOJ), 

including Offices of the U.S. Attorneys, 

or other federal agency conducting 

litigation or in proceedings before any 

court, adjudicative, or administrative 

body, when it is relevant or necessary to 

the litigation and one of the following 

is a party to the litigation or has an 

interest in such litigation: 

1. DHS or any component thereof; 

2. Any employee or former employee 

of DHS in his/her official capacity; 

3. Any employee or former employee 

of DHS in his/her individual capacity 

when DOJ or DHS has agreed to 

represent the employee; or 

4. The United States or any agency 

thereof. 

B. To a congressional office from the 

record of an individual in response to 

an inquiry from that congressional office 

made at the request of the individual to 

whom the record pertains. 

C. To the National Archives and 

Records Administration (NARA) or 

General Services Administration 

pursuant to records management 

inspections being conducted under the 

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

2906. 

D. To an agency or organization for 

the purpose of performing audit or 

oversight operations as authorized by 

law, but only such information as is 

necessary and relevant to such audit or 

oversight function. 

E. To appropriate agencies, entities, 

and persons when (1) DHS suspects or 

has confirmed that there has been a 

breach of the system of records; (2) DHS 

has determined that as a result of the 

suspected or confirmed breach there is 

a risk of harm to individuals, DHS 

(including its information systems, 

programs, and operations), the Federal 

Government, or national security; and 

(3) the disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DHS’s efforts to 

respond to the suspected or confirmed 

breach or to prevent, minimize, or 

remedy such harm. 

F. To another Federal agency or 

Federal entity, when DHS determines 

that information from this system of 

records is reasonably necessary 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. 


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I. To a federal, state, territorial, tribal, 

local, international, or foreign 

government agency or entity 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. 

J. To a former employee of DHS, in 

accordance with applicable regulations, 

for purposes of responding to an official 

inquiry by a federal, state, or local 

government entity or professional 

licensing authority; or facilitating 

communications with a former 

employee that may be necessary for 

personnel-related or other official 

purposes when the Department requires 

information or consultation assistance 

from the former employee regarding a 

matter within that person’s former area 

of responsibility. 

K. To an appropriate federal, state, 

local, tribal, foreign, or international 

agency, if the information is relevant 

and necessary to the agency’s decision 

concerning the hiring or retention of an 

individual or the issuance, grant, 

renewal, suspension, or revocation 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 receiving the information. 

L. To appropriate federal, state, local, 

tribal, or foreign governmental agencies 

or multilateral governmental 

organizations for the purpose of 

protecting the vital interests of a data 

subject or other persons, including 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 

risk. 

M. To a public or professional 

licensing organization when such 

information indicates, either by itself or 

in combination with other information, 

a violation or potential violation of 

professional standards, or reflects on the 

moral, educational, or professional 

qualifications of an individual who is 

licensed or who is seeking to become 

licensed. 

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

foreign government agency or 

organization, or international 

organization, lawfully engaged in 

collecting law enforcement intelligence 

information, whether civil or criminal, 

or charged with investigating, 

prosecuting, enforcing, or implementing 

civil or criminal laws, related rules, 

regulations or orders, to enable these 

entities to carry out their law 

enforcement responsibilities, including 

the collection of law enforcement 

intelligence. 

O. 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, or treaty when 

DHS determines that the information 

would assist in the enforcement of civil, 

criminal, or regulatory laws. 

P. To third parties during the course 

of an investigation by DHS, a 

proceeding within the purview of the 

immigration and nationality laws, or a 

matter under DHS’s jurisdiction, to the 

extent necessary to obtain information 

pertinent to the investigation, provided 

disclosure is appropriate to the proper 

performance of the official duties of the 

officer making the disclosure. 

Q. To a federal, state, or local agency, 

or other appropriate entity or 

individual, or through established 

liaison channels to selected foreign 

governments, in order to provide 

intelligence, counterintelligence, or 

other information for the purposes of 

intelligence, counterintelligence, or 

antiterrorism activities authorized by 

U.S. law, Executive Order, or other 

applicable national security directive. 

R. To federal and foreign government 

intelligence or counterterrorism 

agencies when DHS reasonably believes 

there to be a threat or potential threat to 

national or international security for 

which the information may be useful in 

countering the threat or potential threat, 

when DHS reasonably believes such use 

is to assist in anti-terrorism efforts, and 

disclosure is appropriate to the proper 

performance of the official duties of the 

person making the disclosure. 

S. To an organization or individual in 

either the public or private sector, either 

foreign or domestic, when there is a 

reason to believe that the recipient is or 

could become the target of a particular 

terrorist activity or conspiracy, to the 

extent the information is relevant to the 

protection of life or property and 

disclosure is appropriate to the proper 

performance of the official duties of the 

person making the disclosure. 

T. To the Department of State in the 

processing of petitions or applications 

for benefits under the Immigration and 

Nationality Act, and all other 

immigration and nationality laws 

including treaties and reciprocal 

agreements. 

U. To appropriate federal, state, local, 

tribal, or foreign governmental agencies 

or multilateral governmental 

organizations, with the approval of the 

Chief Privacy Officer, when DHS is 

aware of a need to use relevant data for 

purposes of testing new technology and 

systems designed to enhance national 

security or identify other violations of 

law. 

V. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 

information, when disclosure is 

necessary to preserve confidence in the 

integrity of DHS, or when disclosure is 

necessary to demonstrate the 

accountability of DHS’s officers, 

employees, or individuals covered by 

the system, except to the extent the 

Chief Privacy Officer determines that 

release of the specific information in the 

context of a particular case would 

constitute a clearly unwarranted 

invasion of personal privacy. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

DHS/CBP stores records in this 

system electronically or on paper in 

secure facilities in a locked drawer 

behind a locked door. The records may 

be stored on magnetic disc, tape, and 

digital media. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

DHS/CBP may retrieve records by 

personal identifiers such as but not 

limited to name, alien registration 

number, phone number, address, Social 

Security number, or passport number. 

DHS/CBP may retrieve records by nonpersonal information such as 

transaction date, entity/institution 

name, description of goods, value of 

transactions, and other information. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

To the extent that CBP accesses and 

incorporates information from other 

DHS systems of records as sources of 

information for finished intelligence 

products, CBP will abide by the 

safeguards, retention schedules, and 

dissemination requirements of those 


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Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices 80811 

underlying source systems of record. 

For additional information, please see 

the Privacy Impact Assessment for the 

Analytical Framework for Intelligence 

and the forthcoming Privacy Impact 

Assessment for the Intelligence 

Reporting System. 

Consistent with the DHS N1–563–07– 

016 records schedule, CBP will retain 

information consistent with the same 

retention requirements of the DHS 

Office of Intelligence and Analysis: 

1. Dissemination Files and Lists: CBP 

will retain finished and current 

intelligence report information 

distributed to support the Intelligence 

Community, DHS Components, and 

federal, state, local, tribal, and foreign 

Governments and includes contact 

information for the distribution of 

finished and current intelligence reports 

for two (2) years. 

2. Raw Reporting Files: CBP will 

retain raw, unevaluated information on 

threat reporting originating from 

operational data and supporting 

documentation that are not covered by 

an existing DHS system of records for 

thirty (30) years. 

3. Finished Intelligence Case Files: 

CBP will retain finished intelligence 

and associated background material for 

products such as Warning Products 

identifying imminent homeland security 

threats, Assessments providing 

intelligence analysis on specific topics, 

executive products providing 

intelligence reporting to senior 

leadership, intelligence summaries 

about current intelligence events, and 

periodic reports containing intelligence 

awareness information for specific 

region, sector, or subject/area of interest 

as permanent records and will transfer 

the records to the National Archives and 

Records Administration (NARA) after 

twenty (20) years. 

4. Requests for Information/Data 

Calls: CBP will retain requests for 

information and corresponding 

research, responses, and supporting 

documentation for ten (10) years. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

DHS/CBP safeguards records in this 

system according to applicable rules 

and policies, including all applicable 

DHS automated systems security and 

access policies. DHS/CBP has imposed 

strict controls to minimize the risk of 

compromising the information that is 

being stored. Access to the computer 

system containing the records in this 

system is limited to those individuals 

who have a need to know the 

information for the performance of their 

official duties and who have appropriate 

clearances or permissions. 

RECORD ACCESS PROCEDURES: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act, and the 

Judicial Redress Act if applicable, 

because it is a law enforcement system. 

However, DHS/CBP will consider 

individual requests to determine 

whether or not information may be 

released. Thus, individuals seeking 

access to and notification of any record 

contained in this system of records, or 

seeking to contest its content, may 

submit a request in writing to the Chief 

Privacy Officer and CBP Freedom of 

Information Act (FOIA) Officer, whose 

contact information can be found at 

http://www.dhs.gov/foia under 

‘‘Contacts Information.’’ If an individual 

believes more than one component 

maintains Privacy Act records 

concerning him or her, the individual 

may submit the request to the Chief 

Privacy Officer and Chief FOIA Officer, 

U.S. Department of Homeland Security, 

Washington, DC 20528. Even if neither 

the Privacy Act nor the Judicial Redress 

Act provide a right of access, certain 

records about you may be available 

under the Freedom of Information Act. 

When 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 Chief Privacy Officer and Chief 

FOIA Officer, http://www.dhs.gov/foia 

or (866) 431–0486. In addition, you 

should: 

• Explain why you believe the 

Department would have information on 

you; 

• Identify which component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

records would have been created; and 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; 

If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without the above information, the 

component(s) may not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

CONTESTING RECORD PROCEDURES: 

For records covered by the Privacy 

Act or covered JRA records, see ‘‘Record 

Access Procedures’’ above. For records 

not covered by the Privacy Act or JRA, 

individuals may submit an inquiry to 

the DHS Traveler Redress Inquiry 

Program (DHS TRIP) at https://

www.dhs.gov/dhs-trip or the CBP INFO 

CENTER at www.help.cbp.gov or (877) 

227–5511 (international callers may use 

(202) 325–8000 and TTY users may dial 

(866) 880–6582). 

NOTIFICATION PROCEDURES: 

See ‘‘Record Access Procedures.’’ 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

The Secretary of Homeland Security, 

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

exempted this system from the 

following provisions of the Privacy Act: 

5 U.S.C. 552a(c)(3) 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). 

Additionally, the Secretary of Homeland 

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

and (k)(2), has exempted this system 

from the following provisions of the 

Privacy Act, 5 U.S.C. 552a(c)(3); (d); 

(e)(1), (e)(4)(G), and (e)(4)(H); (e)(4)(I), 

and (f). When this system receives a 

record from another system exempted in 

that source system under 5 U.S.C. 

552a(k)(1); (k)(2); or (j)(2), DHS will 

claim the same exemptions for those 

records that are claimed for the original 

primary systems of records from which 

they originated and claims any 

additional exemptions set forth here. 

HISTORY: 

82 FR 44198 (September 21, 2017). 

* * * * * 

Constantina Kozanas, 

Chief Privacy Officer, U.S. Department of 

Homeland Security. 

[FR Doc. 2020–27446 Filed 12–11–20; 8:45 am] 

BILLING CODE 9111–14–P 


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