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[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Notices]
[Pages 33753-33758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13813]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0113]

Privacy Act of 1974; Department of Homeland Security, U.S. 
Customs and Border Protection, DHS/CBP--017 Analytical Framework for 
Intelligence (AFI) System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to establish a new Department of Homeland 
Security system of records titled, ``Department of Homeland Security, 
U.S. Customs and Border Protection, DHS/CBP--017 Analytical Framework 
for Intelligence (AFI) System of Records.'' This system of records will 
allow the Department of Homeland Security/U.S. Customs and Border 
Protection to improve border and national security by providing AFI 
users with a single platform for research, analysis, and visualization 
of large amounts of data from disparate sources and maintaining the 
final analysis or products in a single, searchable location for later 
use as well as appropriate dissemination. Additionally, the Department 
of Homeland Security is issuing a Notice of Proposed Rulemaking 
concurrent with this system of records elsewhere in the Federal 
Register. This newly established system will be included in the 
Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before July 9, 2012. This new system will 
be effective July 9, 2012.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0113 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Laurence E. Castelli (202-325-0280), CBP Privacy Officer, Office of 
International Trade, U.S. Customs and Border Protection, Mint Annex, 
799 Ninth Street NW., Washington, DC 20229. For privacy issues please 
contact: Mary Ellen Callahan (703-235-0780), Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) U.S. Customs and Border 
Protection (CBP) proposes to establish a new DHS system of records 
titled, ``DHS/U.S. Customs and Border Protection, DHS/CBP--017 
Analytical Framework for Intelligence (AFI) System of Records.'' CBP is 
publishing this SORN because AFI is a group of records under the 
control of CBP that contains personally identifiable information which 
is retrieved by a unique identifier.
    AFI enhances DHS's ability to identify, apprehend, and prosecute 
individuals who pose a potential law enforcement or security risk; and 
it aids in the enforcement of customs and immigration laws, and other 
laws enforced by DHS at the border. AFI is used for the purposes of: 
(1) Identifying individuals, associations, or relationships that may 
pose a potential law enforcement or security risk, targeting cargo that 
may present a threat, and assisting intelligence product users in the 
field in preventing the illegal entry of people and goods, or 
identifying other violations of law; (2) conducting additional research 
on persons and/or cargo to understand whether there are patterns or 
trends that could assist in the identification of potential law 
enforcement or security risks; and (3) sharing finished intelligence 
products developed in connection with the above purposes with DHS 
employees who have a need to know the analysis in the intelligence 
products in the performance of their official duties and who have 
appropriate clearances or permissions. Finished intelligence products 
are tactical, operational, and strategic law enforcement intelligence 
products that have been reviewed and approved for sharing with finished 
intelligence product users and authorities outside of DHS, pursuant to 
routine uses.
    To support its capability to efficiently query multiple data 
sources, AFI creates and maintains an index, which is a portion of the 
necessary and relevant data in existing operational DHS source systems, 
by ingesting this data through and from the Automated Targeting System 
(ATS) and other source systems. In addition to the index, AFI provides 
AFI analysts with different tools that assist in detecting trends, 
patterns, and emerging threats, and in identifying non-obvious 
relationships.
    AFI improves the efficiency and effectiveness of CBP's research and 
analysis process by providing a platform for the research, 
collaboration, approval, and publication of finished intelligence 
products.
    AFI provides a platform for preparing responses to requests for 
information (RFIs). AFI will centrally maintain the requests, the 
research based on those requests, and the response to those requests. 
AFI allows analysts to perform federated queries against external 
systems of record, including those of Department of State, the 
Department of Justice/FBI, as well as publicly and commercially 
available data sources, and eventually, classified data. AFI also 
enables an authorized user to search the Internet for additional 
information that may contribute to an intelligence gathering and 
analysis effort. AFI facilitates the sharing of finished intelligence 
products within DHS and tracks sharing outside of DHS.
    Two principal types of users will access AFI: DHS analysts and DHS 
finished intelligence product users. Analysts will use the system to 
obtain a more comprehensive view of data available to CBP, and then 
analyze and interpret that data using the visualization and 
collaboration tools

[[Page 33754]]

accessible in AFI. If an analyst finds actionable terrorist, law 
enforcement, or intelligence information, he may use relevant 
information to produce a report, create an alert, or take some other 
appropriate action within DHS's mission and authorities. In addition to 
using AFI as a workspace to analyze and interpret data, analysts may 
submit or respond to RFIs, assign tasks, or create finished 
intelligence products based on their research or in response to an RFI. 
Finished intelligence product users are officers, agents, and employees 
of DHS who have been determined to have a need to know the analysis in 
the intelligence products in the performance of their official duties 
and who have appropriate clearances or permissions. Finished 
intelligence product users will have more limited access to AFI, will 
not have access to the research space or tools, and will only view 
finished intelligence products that analysts published in AFI. Finished 
intelligence product users are not able to query the data from the 
source systems through AFI.
    AFI performs extensive auditing that records the search activities 
of all users to mitigate any risk of authorized users conducting 
searches for inappropriate purposes. AFI also requires that analysts 
re-certify annually any user-provided information marked as containing 
PII to ensure its continued relevance and accuracy. Analysts will be 
prompted to re-certify any documents that contain PII which are not 
related to a finished intelligence product. Information that is not re-
certified is automatically purged from AFI. Account access is 
controlled by AFI passing individual user credentials to the 
originating system or through a previously approved certification 
process in another system in order to minimize the risk of unauthorized 
access. When an analyst conducts a search for products, AFI will only 
display those results that an individual user has permission to view.
    Consistent with DHS's information sharing mission, information 
stored in AFI may be shared consistent with the Privacy Act, including 
in accordance with the routine uses, and applicable laws as described 
below including sharing with other DHS components and appropriate 
federal, state, local, tribal, territorial, foreign, multilateral, or 
international government agencies. This sharing will only take place 
after DHS determines that the receiving component or agency has a need 
to know the information and the information will be used consistent 
with the Privacy Act, including the routine uses set forth in this 
SORN, in order to carry out national security, law enforcement, 
customs, immigration, intelligence, or other authorized functions.
    Additionally, DHS is issuing a Notice of Proposed Rulemaking to 
exempt this system of records from certain provisions of the Privacy 
Act, elsewhere in the Federal Register. This newly established system 
will be included in DHS' inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which the U.S. Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. As a matter of policy (Privacy Policy Guidance 
Memorandum 2007-1, most recently updated January 7, 2009), DHS extends 
administrative Privacy Act protections to all persons, regardless of 
citizenship, where a system of records maintains information on U.S. 
citizens and lawful permanent residents, as well as visitors. 
Individuals may request access to their own records that are maintained 
in a system of records in the possession or under the control of DHS by 
complying with DHS Privacy Act regulations, 6 CFR part 5.
    Below is the description of the DHS/CBP--017 Analytical Framework 
for Intelligence (AFI) System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
System of Records
    Department of Homeland Security (DHS)/CBP--017 Analytical Framework 
for Intelligence (AFI).

System name:
    U.S. Customs and Border Protection (CBP) Analytical Framework for 
Intelligence (AFI).

Security classification:
    Unclassified, Sensitive, Classified.

System location:
    Records are maintained within the Information Technology system 
called the Analytical Framework for Intelligence (AFI) at the CBP 
Headquarters in Washington, DC, field offices, and in locations 
overseas where users are stationed.

Categories of individuals covered by the system:
    1. Persons who are the subject of, related to, or associated with 
the subject of a finished intelligence product.
    2. Persons whose information is responsive to a request for 
information (RFI).
    3. Persons whose information is maintained in CBP systems described 
under the ``Record Source Categories'' below that are being indexed by 
AFI, such as:
    A. Persons, including operators, crew and passengers, who seek to, 
or do in fact, enter, exit, or transit through the United States or 
through other locations where CBP maintains an enforcement or 
operational presence.
    B. Crew members traveling on commercial aircraft that fly over the 
United States.
    C. Persons who are employed in or who engage in any form of trade, 
the transit of goods intended to cross the United States border, or 
other commercial transaction related to the importation or exportation 
of merchandise.
    D. Persons who serve as booking agents, brokers, or other persons 
who provide information on behalf of persons seeking to enter, exit, or 
transit through the United States, or to enter, exit or transit goods 
through the United States.
    E. Owners of vehicles that cross the border.
    F. Persons whose data was received by the Department as the result 
of a memorandum of understanding or other information sharing agreement 
or arrangement because the information is relevant to the border 
security mission of the Department.
    G. Persons who were identified in a narrative report, prepared by 
an officer or agent, as being related to or associated with other 
persons who are alleged to be involved in, who are suspected of, or who 
have been arrested for violations of the laws enforced or administered 
by DHS.
    H. Persons who are alleged to be involved in, who are suspected of, 
who have been arrested for, or who are victims of violations of the 
laws enforced or administered by DHS.
    I. Persons with outstanding wants and warrants.
    J. Persons associated with matches to threshold targeting rules.
    K. Persons who may pose a national security, border security, or 
criminal threat to the United States.

[[Page 33755]]

    L. Persons who seek to board an aircraft to travel internationally 
who have been identified by the Centers for Disease Control and 
Prevention (CDC), U.S. Health and Human Services, as ``No Boards'' 
because of a highly contagious communicable disease.
    M. Persons traveling across U.S. borders or through other locations 
where CBP maintains an enforcement or operational presence and who have 
a nexus to a law enforcement action.

Categories of records in the system:
    AFI uses information from a variety of federal and commercial 
systems. If additional data is ingested and that additional data does 
not require amendment of the categories of records in this SORN, the 
PIA for AFI will be updated to reflect that information. The updated 
PIA can be found at www.dhs.gov/privacy. Information from such source 
systems is incorporated into AFI's five general categories of records:
    (1) Finished intelligence products: Intelligence products refer to 
tactical, operational, and strategic law enforcement intelligence 
products (hereinafter referred to as intelligence products). They 
include intelligence products that analysts have created based on their 
research and analysis of the source data contained in AFI and published 
in the system to make available as appropriate throughout CBP and DHS.
    (2) Requests for information (RFIs) and tasks and responses: This 
includes requests for information or tasks (generic requests for work 
to be performed) that have been submitted through AFI. AFI will also 
store the responses to RFIs and those responses will fall in the same 
category of records as the RFIs unless the AFI analyst determines that 
a response should be converted to a finished intelligence product and 
makes it available more broadly.
    (3) Projects: This includes projects created in AFI where an 
analyst can store source data for visualization and analysis and also 
share that information with other designated users. Projects may also 
contain analyst-compiled data from the source data described below and 
unfinished intelligence products that have not yet been published.
    (4) Index data: AFI ingests subsets or portions of data from the 
CBP and DHS systems described in ``Record Source Categories'' and 
creates an index of the searchable data elements, as described below in 
``source data.'' This index will indicate which source system records 
match the search term used, when a response to a query is compiled.
    (5) Source data: AFI uses various types of data from CBP systems 
and other DHS systems as described in the individual system of records 
notices noted in ``Record Source Categories'' below. AFI also uses data 
from other federal agency systems and commercial data providers as 
noted in ``Record Source Categories.'' Data elements may include but 
are not limited to:
    a. Name.
    b. Alias.
    c. Addresses.
    d. Telephone and fax numbers.
    e. Tax ID number (e.g., Employer Identification Number (EIN) or 
Social Security Number (SSN), where available).
    f. Seizure number.
    g. Date and place of birth.
    h. Gender.
    i. Nationality.
    j. Citizenship.
    k. Physical characteristics, including biometrics where available 
(e.g., height, weight, race, eye and hair color, scars, tattoos, marks, 
fingerprints).
    l. Familial relationships and other contact information.
    m. Occupation and employment information.
    n. Information from documents used to verify the identity of 
individuals (e.g., driver's license, passport, visa, alien 
registration, citizenship card, border crossing card, birth 
certificate, certificate of naturalization, re-entry permit, military 
card, trusted traveler cards) including the:
    i. Type;
    ii. Number;
    iii. Date of issuance; and
    iv. Place of issuance.
    o. Travel information pertaining to individuals, including:
    i. Information derived from an Electronic System for Travel 
Authorization (ESTA) application (where applicable) or I-94 arrival/
departure information, where applicable;
    ii. Travel itinerary (e.g., Passenger Name Record (PNR)); Advance 
Passenger Information System (APIS) information; and land border 
records including information submitted in advance of arrival or 
departure);
    iii. Date of arrival or departure, and means of conveyance with 
associated identification (e.g., Vehicle Identification Number, year, 
make, model, registration);
    iv. Payment information;
    v. Any admissibility determination; and
    vi. Law enforcement data associated with an individual which is 
created by CBP or other government agencies.
    p. Information pertaining to the importation and exportation of 
cargo and/or property, including but not limited to bills of lading, 
manifests, commodity type, and inspection and examination results
    q. Identity and geospatial information obtained from commercial 
systems used to cross reference information contained in CBP systems

Authority for maintenance of the system:
    Title II of the Homeland Security Act of 2002 (Pub. L. 107-296), as 
amended by the Intelligence Reform and Terrorism Prevention Act of 2004 
(Pub. L. 108-458, 118 Stat. 3638); The Tariff Act of 1930, as amended; 
The Immigration and Nationality Act (``INA''), 8 U.S.C. 1101, et seq.; 
the Implementing Recommendations of the 9/11 Commission Act of 2007 
(Pub. L. 110-53); the Antiterrorism and Effective Death Penalty Act of 
1996 (Pub. L. 104-132, 110 Stat. 1214); SAFE Port Act of 2006 (Pub. L. 
109-347); Aviation and Transportation Security Act of 2001 (Pub. L. 
107-71); 6 U.S.C. 202.

Purpose(s):
    The purpose of this system is to enhance DHS's ability to: 
Identify, apprehend, and/or prosecute individuals who pose a potential 
law enforcement or security risk; aid in the enforcement of the customs 
and immigration laws, and other laws enforced by DHS at the border; and 
enhance United States security.
    AFI uses data to:
    (1) Identify individuals, associations, or relationships that may 
pose a potential law enforcement or security risk, target cargo that 
may present a threat, and assist intelligence product users in the 
field in preventing the illegal entry of people and goods, or 
identifying other violations of law;
    (2) Allow analysts to conduct additional research on persons and/or 
cargo to understand whether there are patterns or trends that could 
identify potential law enforcement or security risks; and
    (3) Allow finished intelligence product users with a need to know 
to query or receive relevant finished intelligence products.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Source data are to be handled consistent with the published system 
of records notice as noted in ``Source Category Records.'' Source data 
that is not part of or incorporated into a finished intelligence 
product, a response to an RFI, project, or the index shall not be 
disclosed out of AFI. The routine uses below apply only to

[[Page 33756]]

finished intelligence products, responses to RFIs, projects, and 
responsive compilations of the index and only as explicitly stated in 
each routine use. In addition to those disclosures generally permitted 
under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the AFI 
records contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including U.S. Attorney 
Offices, or other federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is necessary to the litigation and one of the following is a party 
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. The U.S. or any agency thereof, is a party to the litigation or 
has an interest in such litigation, and DHS determines that the records 
are both relevant and necessary to the litigation and the use of such 
records is compatible with the purpose for which DHS collected the 
records.
    This routine use applies to finished intelligence products, 
responses to RFIs, projects, and responsive compilations of the index.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains. This routine use 
applies to finished intelligence products, responses to RFIs, projects, 
and responsive compilations of the index.
    C. To the National Archives and Records Administration (NARA) or 
other federal government agencies pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906 and for records that NARA maintains as permanent records. This 
routine use applies to finished intelligence products, responses to 
RFIs, projects, and responsive compilations of the index.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function. This routine use applies to finished intelligence 
products, responses to RFIs, projects, and responsive compilations of 
the index.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individuals that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS' efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    This routine use applies to finished intelligence products, 
responses to RFIs, projects, and responsive compilations of the index.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees. This routine use applies to 
finished intelligence products, responses to RFIs, projects, and 
responsive compilations of the index.
    G. To the federal, state, local, tribal, or foreign government 
agencies or multilateral governmental organizations that submit an RFI, 
in order to identify individuals who present a risk to national 
security or to identify, apprehend, and/or prosecute individuals who 
are suspected of violating a law, where DHS has information responsive 
to the RFI and has determined that it is appropriate to provide that 
information in response to the RFI. This routine use applies to all 
responses to RFIs.
    H. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, license, 
agreement, or treaty where DHS determines that the information would 
assist in the enforcement of civil or criminal laws. This routine use 
applies only to finished intelligence products.
    I. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purpose of protecting the vital health interests of a data subject 
or other persons (e.g. to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease or to combat other significant public health 
threats; appropriate notice will be provided of any identified health 
threat or risk). This routine use applies only to finished intelligence 
products, responses to RFIs, and responsive compilations of the index.
    J. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil or criminal discovery, litigation, or 
settlement negotiations, or in response to a subpoena from a court of 
competent jurisdiction. This routine use applies to all AFI records, 
which include finished intelligence products, responses to RFIs, 
projects, and responsive compilations of the index.
    K. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation. This routine use applies only to finished 
intelligence products.
    L. To a federal, state, local, tribal, or foreign governmental 
agency or multilateral governmental organization for the purpose of 
consulting with that agency or entity: (1) To assist in making a 
determination regarding redress for an individual in connection with 
the operations of a DHS component or program; (2) for the purpose of 
verifying the identity of an individual seeking redress in connection 
with the operations of a DHS component or program; or (3) for the 
purpose of verifying the accuracy of information submitted by an 
individual who has requested such redress on behalf of another 
individual. This routine use applies only to finished intelligence 
products and responses to RFIs.
    M. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations when 
DHS reasonably believes there to be a threat or potential threat to 
national or international security for which the information may be 
relevant in countering the threat or potential threat. This routine use 
applies only to finished intelligence products.
    N. To a federal, state, tribal, or local agency, or other 
appropriate entity or

[[Page 33757]]

individual, or foreign governments, in order to provide relevant 
information related to intelligence, counterintelligence, or 
antiterrorism activities authorized by U.S. law, Executive Order, or 
other applicable national security directive. This routine use applies 
only to finished intelligence products.
    O. To an organization or individual in either the public or private 
sector, either foreign or domestic, where there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, or where the information is relevant 
and necessary to the protection of life or property. This routine use 
applies only to finished intelligence products.
    P. To an appropriate federal, state, local, tribal, foreign, or 
international agency, if the information is relevant to a requesting 
agency's decision concerning the hiring or retention of an individual, 
or issuance of a security clearance, license, contract, grant, or other 
benefit, or if the information is relevant to a DHS decision concerning 
the hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant or other 
benefit. This routine use applies only to finished intelligence 
products.
    Q. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy. This routine use applies only to finished 
intelligence products.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by any search term, including name, 
personal identifier, date, subject matter or other criteria.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Two principal types of users will 
access AFI: DHS analysts and DHS finished intelligence product users. 
DHS Analysts will use the system to obtain a more comprehensive view of 
data available to CBP, and then analyze and interpret that data using 
the visualization and collaboration tools accessible in AFI. Finished 
intelligence product users are officers, agents, and employees of DHS 
who have been determined to have a need to know based on their job 
description and duties. Finished intelligence product users will have 
more limited access to AFI, will not have access to the research space 
or tools, and will only view finished tactical, operational, and 
strategic intelligence products that analysts published in AFI. 
Finished intelligence product users are not able to query the data from 
the source systems through AFI. If a finished intelligence product user 
requires the source data in order to take action or make a 
determination, he will be required to go to the source data to ensure 
that he is receiving the most accurate data available.
    Strict controls have been imposed to minimize the risk of 
compromising the information that is being stored. Access to AFI is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

Retention and disposal:
    Source data contained in AFI that has not been incorporated into a 
finished intelligence product, response to an RFI, or project will 
follow the retention schedule set forth in the applicable source data 
system of records notice, as noted in ``Record Source Categories'' 
below.
    AFI projects that do not contain PII are retained for 30 years and 
are then deleted. Projects containing PII must be recertified annually 
for up to 30 years or the entire record is purged from the system. 
Requests for information (RFIs) and responses to RFIs, excluding 
finished intelligence products, are retained for 10 years and are then 
deleted. Finished intelligence products are retained in accordance with 
the NARA-approved record retention schedule by first maintaining the 
products as active in the system for a period of 20 years, and then 
transferring the records to the National Archives for permanent storage 
and retention. The index is maintained within AFI as a permanent 
feature. Any changes to source system records, or the addition or 
deletion of source system records, will be reflected in corresponding 
amendments to the AFI index as the index is routinely updated. Legacy 
indices that are part of a project, responses to RFI, or finished 
intelligence product are maintained as part of those records.

System Manager and address:
    Director of Advanced Analytics & Intelligence Systems, Office of 
Intelligence and Investigative Liaison, U.S. Customs and Border 
Protection, Ronald Reagan Building and Director, Targeting and 
Analysis, Systems Program Office, Office of Information and Technology, 
U.S. Customs and Border Protection.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. These exemptions also apply to 
the extent that information in this system of records is recompiled or 
is created from information contained in other systems of records. To 
the extent that a record is exempted in a source system, the exemption 
will continue to apply. However, CBP will consider individual requests 
to determine whether or not information may be released. After 
conferring with the appropriate component or agency, as applicable, DHS 
may waive applicable exemptions in appropriate circumstances and where 
it would not appear to interfere with or adversely affect the law 
enforcement purposes of the systems from which the information is 
recompiled or in which it is contained. Additionally, CBP and DHS are 
not exempting any records that were ingested or indexed by AFI where 
the source system of records already provides access and/or amendment 
under the Privacy Act. Individuals seeking notification of and access 
to any record contained in this system of records, or seeking to 
contest its content, may submit a request in writing to the 
Headquarters or CBP's FOIA Officer, whose contact information can be 
found at http://www.dhs.gov/foia under ``contacts.'' If an individual 
believes more than one component

[[Page 33758]]

maintains Privacy Act records concerning him or her the individual may 
submit the request to the Chief Privacy Officer, Department of Homeland 
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC 
20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 6 CFR part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Director, 
Disclosure and FOIA Operations, http://www.dhs.gov or 1-703-235-0790. 
In addition you must:
     Provide an explanation of why you believe the Department 
would have information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created;
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records;
     If your request is seeking records pertaining to another 
living individual, include a statement from that individual certifying 
his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able 
to conduct an effective search, and your request may be denied due to 
lack of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    AFI receives records and incorporates portions of records into an 
index of those records. Records are incorporated from the following CBP 
and DHS systems:
     ATS (last SORN published at 72 FR 43650 (August 6, 2007));
     APIS (last SORN published at 73 FR 68435 (November 18, 
2008));
     ESTA (last SORN published at 76 FR 67751 (November 2, 
2011));
     Border Crossing Information (BCI) (last SORN published at 
73 FR 43457 (July 25, 2008));
     TECS (last SORN published at 73 FR 77778 (December 19, 
2008));
     Nonimmigrant Information System (NIIS) (last SORN 
published at 73 FR 77739 (December 19, 2008));
     Seized Asset Case Tracking System (SEACATS) (last SORN 
published at 73 FR 77764 (December 19, 2008));
     Department of Homeland Security/All-030 Use of the 
Terrorist Screening Database System of Records (last SORN published at 
76 FR 39408 (July 6, 2011));
     Enterprise Management Information System--Enterprise Data 
Warehouse (EMIS-EDW), including:
    a. Arrival and Departure Form (I-94) information from the 
Nonimmigrant Information System (NIIS) (last SORN published at 73 FR 
77739 (December 19, 2008));
    b. Currency or Monetary Instruments Report (CMIR) obtained from 
TECS (last SORN for TECS published at 73 FR 77778 (December 19, 2008));
    c. Apprehension information and National Security Entry-Exit 
Program (NSEERS) information from ENFORCE (last SORN published at 75 FR 
23274 (May 3, 2010));
    d. Seizure information from SEACATS (last SORN published at 73 FR 
77764 (December 19, 2008));
    e. Student and Exchange Visitor Information System (SEVIS) 
information (last SORN published at 75 FR 412 (January 5, 2010)); and
    AFI accesses records from the following agencies, but the records 
are not part of the index:
     Department of State;
     Department of Justice/FBI;
     Department of Treasury; and
     Commercial information from commercial data providers and 
geospatial data providers.
    Additionally, AFI permits analysts to upload and store any 
information from any source including public and commercial sources, 
which may be relevant to projects, responses to RFIs, or final 
intelligence products. Accepted requests for information may come from 
within or outside DHS where CBP determines it has responsive 
information and it is consistent with the purposes of this system.

Exemptions claimed for the system:
    For index data and source data, as described under Categories of 
Records, to the extent that a record is exempted in a source system, 
the exemption will continue to apply. To the extent there is no 
exemption for giving access to a record under the source system, CBP 
will provide access to the information maintained in AFI.
    Finished intelligence products, RFIs, tasks, and responses, and 
projects, as described under Categories of Records, pursuant to 5 
U.S.C. 552a(j)(2) of the Privacy Act, are exempt from the following 
provisions of the Privacy Act: 5 U.S.C. 552a(c)(3) and (4); (d); 
(e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5) and 
(e)(8); (f); and (g).
    Finished intelligence products, RFIs, tasks, and responses, and 
projects, as described under Categories of Records, pursuant to 5 
U.S.C. 552a(k)(1) and (2), are exempt from the following provisions of 
the Privacy Act: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), and (f).

    Dated: June 4, 2012.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2012-13813 Filed 6-6-12; 8:45 am]
BILLING CODE 9110-06-P
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