7798 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices 

of DHS regarding HSIN. The duties of 

the HSINAC are solely advisory in 

nature. 

The HSINAC will meet to review, 

discuss and make recommendations on 

key messaging to stakeholder 

community showcasing the vision of 

HSIN and its progressive development 

efforts. 

Agenda 

1. Opening and introductions 

2. Federal Advisory Committee Act 101; 

Ethics 

3. Discuss the revised HSINAC Charter. 

4. How Far We’ve Come: Provide an 

update on HSIN program status since 

the August 2010 HSIN AC Meeting, 

including the OMB TechStat Review 

and HSIN Business Case. 

5. The HSIN Release 3 Value 

Proposition: The development of the 

revised program upgrade known as 

HSIN Release 3 and a review of 

related program technology. 

6. HSIN’s Alignment to the National 

Information Sharing and Safeguarding 

Strategy and how HSIN aligns to the 

Federal Information Sharing 

Environment. 

7. How We’ve Acted on Your 

Recommendations: Provide a review 

of updates across the HSIN Work 

Streams the Analysis of Alternatives, 

HSIN Business Case, and the Tech 

Stat Review and how those program 

reviews led to the decision to proceed 

with HSIN Release 3. 

8. Respectfully request the development 

of recommendations for submission to 

the HSIN Program Management Office 

and DHS leadership going forward. 

The HSIN Program Management 

Office seeks guidance on HSIN 

Release 3’s identity proofing process, 

communication messaging and 

training guidance on the suggested 

topics of identity proofing, migration, 

two-factor authentication, federated 

users and community of interest (COI) 

charter implementation. 

Dated: January 28, 2013. 

James Lanoue, 

HSIN Acting Program Manager. 

[FR Doc. 2013–02344 Filed 2–1–13; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2012–0074] 

Privacy Act of 1974; Department of 

Homeland Security U.S. Immigration 

and Customs Enforcement—010 

Confidential and Other Sources of 

Information System of Records 

AGENCY: Department of Homeland 

Security, Privacy Office. 

ACTION: Notice of Privacy Act System of 

Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to update 

and reissue a current Department of 

Homeland Security system of records 

titled, ‘‘Department of Homeland 

Security/U.S. Immigration and Customs 

Enforcement—010 Confidential and 

Other Sources of Information System of 

Records.’’ This system of records allows 

the Department of Homeland Security/ 

U.S. Immigration and Customs 

Enforcement to collect and maintain 

records concerning the identities of and 

information received from documented 

Confidential Informants and other 

sources who supply information to U.S. 

Immigration and Customs Enforcement 

regarding possible violations of law or 

otherwise in support of law enforcement 

investigations and activities. With the 

publication of this updated system of 

records, several changes are being made: 

(1) The categories of individuals are 

being updated; (2) new categories of 

records are being added; (3) routine uses 

are being updated; (4) new routine uses 

are being added to allow ICE to share 

information from the system; and (5) the 

retention period of records related to 

confidential and other sources is being 

updated. The exemptions for the 

existing system of records notice will 

continue to be applicable for this system 

of records notice. This updated system 

will continue to be included in the 

Department of Homeland Security’s 

inventory of record systems. 

Dates and Comments: Submit 

comments on or before March 6, 2013. 

In particular, comments are requested 

concerning the application of the 

exemptions to the newly added 

categories of records. This updated 

system will be effective March 6, 2013. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2012–0074 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: Jonathan R. Cantor, Acting 

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, please visit http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact: Lyn 

Rahilly, Privacy Officer, Immigration 

and Customs Enforcement, (202) 732– 

3300, 500 12th Street SW., Washington, 

DC 20536–5004. For privacy questions, 

please contact: Jonathan R. Cantor, 

Acting Chief Privacy Officer, Privacy 

Office, Department of Homeland 

Security, (202) 343–1717, 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. 

Immigration and Customs Enforcement 

(ICE) proposes to update and reissue a 

current DHS system of records titled, 

‘‘DHS/ICE—010 Confidential and Other 

Sources of Information (COSI) System of 

Records,’’ 73 FR 237 (Dec. 9, 2008). This 

System of Records Notice (SORN) will 

update the categories of individuals, 

add new categories of records in the 

system, add and update routine uses, 

and update the retention period of 

records related to confidential and other 

sources. As a law enforcement 

investigatory agency, ICE collects and 

maintains information regarding 

possible violations of law from a 

number of sources, including 

Confidential Informants; federal, state, 

local, tribal, territorial, and foreign law 

enforcement agencies; and members of 

the public. This system of records 

allows ICE to collect and maintain 

records concerning the identities of and 

information received from documented 

Confidential Informants and other 

sources who supply information to ICE 

regarding possible violations of law or 

otherwise in support of law enforcement 

investigations and activities. 

Categories of individuals have been 

updated in the DHS/ICE—010 COSI 

SORN to more accurately describe the 

individuals about whom ICE collects 

information. Previously categorized as 

‘‘Non-Confidential Informants,’’ 

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individuals who are not documented as 

Confidential Informants, but report 

information to ICE, are now considered 

‘‘Sources of Information,’’ while 

government personnel acting in their 

personal or professional capacities and 

law enforcement officers acting in their 

professional capacity are now separate 

categories of individuals. 

Additionally, new categories of 

records have been added to more 

accurately reflect the types of 

information collected and maintained 

on Confidential Informants, Sources of 

Information, and government personnel 

and law enforcement officers. For 

Confidential Informants, fingerprints, 

handwriting samples, Alien Registration 

Numbers, copies of passports(s), 

immigration records, bank account 

information, date, informant was 

deactivated, special skills, and internal 

ICE memoranda and other reports have 

been added. For Sources of Information, 

criminal history information, date and 

place of birth, immigration history, 

documentation of information received 

and monetary payment, and internal ICE 

memoranda and other reports have been 

added. For government personnel and 

law enforcement officers, individual’s 

name, addresses, agency, nationality, 

and occupational information have been 

added. 

Routine uses B and C are no longer 

being used in the DHS/ICE—010 COSI 

SORN. As a result, the lettering of the 

routine uses has been amended, and all 

routine uses following B and C have 

been shifted up two letters. 

Furthermore, new routine uses have 

been added to allow ICE to share 

information regarding confidential and 

other sources of information. Below is a 

summary of the new routine uses and 

their corresponding letters: 

F. To federal, state, local, tribal, 

territorial, foreign, or international 

agencies for the purpose of obtaining 

information relevant and necessary to 

ICE’s decision whether an individual 

may act as a Confidential Informant; 

G. To courts, magistrates, 

administrative tribunals, parties, and 

witnesses, in the course of immigration, 

civil, or criminal proceedings and when 

DHS determines that use of such records 

is relevant and necessary to the 

litigation before a court or adjudicative 

body; 

H. To prospective claimants and their 

attorneys for the purpose of negotiating 

the settlement of an actual of 

prospective claim against DHS or its 

current or former employees, in advance 

of the initiation of formal litigation or 

proceedings; 

I. To a former employee of DHS for 

purposes of responding to an official 

inquiry or facilitating communications 

with a former employee that may be 

relevant for personnel-related or other 

official purposes; 

J. To international, foreign, 

intergovernmental, and multinational 

government agencies, authorities, and 

organizations to facilitate the testimony 

of a Confidential Informant in a 

criminal, civil, or administrative case; 

K. To federal, state, local, tribal, 

territorial, or foreign government 

agencies, as well as to other individuals 

and organizations during the course of 

an investigation by DHS or during a 

proceeding within the purview of the 

immigration and nationality laws; 

L. To federal, state, local, tribal, 

territorial, foreign, or international 

criminal, civil, or regulatory law 

enforcement authorities when the 

information is necessary for 

collaboration, coordination, and deconfliction of investigative matters, 

prosecutions, and/or other law 

enforcement actions; 

N. To the Department of State when 

it requires information to consider and/ 

or provide an informed response to a 

request for information from a foreign, 

international, or intergovernmental 

agency, authority, or organization about 

an alien or an enforcement operation 

with transnational implications. 

Finally, the retention period for 

records pertaining to Confidential 

Informants has been updated. 

Previously, the SORN stated that all 

records pertaining to confidential and 

other sources of information were 

maintained until the end of the fiscal 

year in which the related investigative 

file was closed, and records were 

transferred to the Federal Records 

Center five (5) years after the end of that 

fiscal year. ICE is proposing that 

electronic and paper records pertaining 

to Confidential Informants are 

maintained in active form at ICE 

Headquarters for five (5) years past the 

date of a Confidential Informant’s 

deactivation in order to assist with any 

ongoing ICE investigations. The records 

will then be archived and retained at 

ICE Headquarters for an additional fifty 

(50) years, following which the records 

will be destroyed. 

Portions of the DHS/ICE–010 COSI 

System of Records are exempt from one 

or more provisions of the Privacy Act 

because of criminal, civil, and 

administrative enforcement 

requirements. Individuals may request 

information about records pertaining to 

them stored in the DHS/ICE–010 COSI 

System of Records as outlined in the 

‘‘Notification Procedure’’ section below. 

ICE reserves the right to exempt various 

records from release. Pursuant to 

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

Privacy Act, portions of this system are 

exempt from 5 U.S.C. 552a(c)(3), (c)(4), 

(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), 

(e)(4)(H), (e)(5), (e)(8), (f), and (g). 

Pursuant to 5 U.S.C. 552a(k)(2), this 

system is exempt from the following 

provisions of the Privacy Act, subject to 

the limitations set forth in those 

subsections: 5 U.S.C. 552a(c)(3), (d), 

(e)(1), (e)(4)(G), (e)(4)(H), and (f). In 

addition, to the extent a record contains 

information from other exempt systems 

of records, ICE will rely on the 

exemptions claimed for those systems. 

The exemptions for the existing system 

of records notice will continue to be 

applicable for this system of records 

notice as published in the Federal 

Register on August 31, 2009 (74 FR 

45083). In the context of this updated 

SORN, DHS is requesting comment on 

the application of these exemptions to 

the newly added categories of records. 

This system will continue to be 

included in the DHS’s inventory of 

record systems. 

Consistent with DHS’ informationsharing mission, information stored in 

the DHS/ICE–010 COSI 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, information may be shared 

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. 

II. Privacy Act 

The Privacy Act embodies fair 

information 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 

for which information is retrieved by 

the name of an individual or by some 

identifying number, symbol, or other 

particular identifier assigned to the 

individual. In the Privacy Act, an 

individual is defined to encompass 

United States citizens and lawful 

permanent residents. As a matter of 

policy, DHS extends administrative 

Privacy Act protections to all 

individuals where systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. 

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7800 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices 

Below is the description of the DHS/ 

ICE–010 COSI 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)/U.S. Immigration and Customs 

Enforcement (ICE)-010 

SYSTEM NAME: 

DHS/ICE–010 Confidential and Other 

Sources of Information (COSI) 

SECURITY CLASSIFICATION: 

Unclassified. Law Enforcement 

Sensitive (LES). 

SYSTEM LOCATION: 

Records are maintained at ICE 

Headquarters in Washington, DC and at 

ICE field offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: 

(1) Confidential Informants: 

Individuals who have been documented 

as Confidential Informants and report 

information to ICE regarding possible 

violations of law or other information in 

support of law enforcement 

investigations and activities. 

Confidential Informants are members of 

the public acting in either their personal 

or professional capacities. 

(2) Sources of Information: 

Individuals who are not documented as 

Confidential Informants as described in 

(1) above who report information to ICE 

regarding possible violations of law or 

other information in support of law 

enforcement investigations and 

activities. These individuals are 

cooperating defendants to a criminal, 

civil, or administrative case or members 

of the public acting in either their 

personal or professional capacities. 

(3) Federal, state, local, tribal, 

territorial, or foreign government 

personnel acting in their personal or 

professional capacities. 

(4) Federal, state, local, tribal, 

territorial, or foreign law enforcement 

officers acting in their professional 

capacities. 

(5) Individuals reported by 

Confidential Informants and Sources of 

Information or federal, state, local, 

tribal, territorial or foreign government 

personnel or law enforcement officers 

acting in their professional capacities: 

Individuals whose information is 

provided to ICE by the individuals 

described in (1), (2), and (3) above. 

These individuals are typically persons 

who are alleged to have engaged in, 

witnessed, or otherwise been associated 

with suspected illegal activity. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

may include: 

For Confidential Informants: 

• Individual’s name (actual or 

assumed); 

• ICE Confidential Informant 

(identifying) number; 

• Date ICE Informant number 

assigned; 

• Date Informant was deactivated; 

• Addresses; 

• Nationality; 

• Occupational information; 

• Date and place of birth; 

• Physical description of identifying 

features; 

• Special skills (e.g., languages 

spoken, special certifications, areas of 

expertise); 

• Photograph of Informant; 

• Fingerprints; 

• Handwriting sample; 

• Identifying numbers, such as Social 

Security Number, Alien Registration 

Number, driver’s license number, FBI 

number, and passport number; 

• Immigration history; 

• Criminal history information; 

• Copy of driver’s license; 

• Copy of alien registration card; 

• Copy of passport(s); 

• Bank account information; 

• Documentation of information 

received and the amount and date of 

any monetary payment made to the 

Informant; and 

• Internal ICE memoranda and other 

reports pertinent to a confidential 

informant’s eligibility, suitability, and 

identity. 

For Sources of Information: 

• Individual’s name (actual or 

assumed); 

• Addresses; 

• Nationality; 

• Occupational information; 

• Criminal History Information; 

• Date and place of birth; 

• Immigration history; 

• Documentation of information 

received and the amount and date of 

any monetary payment made to the 

Source; and 

• Internal ICE memoranda and other 

reports pertinent to a Source’s 

eligibility, suitability and identity. 

For federal, state, local, tribal, 

territorial or foreign government 

personnel or law enforcement officers: 

• Individual’s Name (actual or 

assumed); 

• Addresses; 

• Agency; 

• Nationality; and 

• Occupational Information. 

For individuals about whom 

information is provided: 

• Individual’s name (alleged violator, 

witness, interested parties, those 

connected with the investigation); 

• Aliases; 

• Addresses; 

• Nationality; 

• Occupational information; 

• Date and place of birth; 

• Physical description of identifying 

features; 

• Photograph of the individual; 

• Fingerprints; 

• Handwriting sample; 

• Identifying numbers, such as Social 

Security Number, Alien Registration 

Number, driver’s license number, FBI/ 

National Crime Information Center 

(NCIC) number, and passport number; 

• Telephone numbers; 

• Emergency contact information; 

• Association/Organization 

memberships; 

• Copy of alien registration card; 

• Copy of driver’s license; 

• Registration number of vehicle, 

vessel, or aircraft; 

• ICE Investigative case number; 

• Internal DHS/ICE memoranda and 

related materials regarding possible 

violations of law; 

• Criminal record information; 

• Financial record information; 

• Documentation of information 

received from Confidential Informants, 

agencies and other individuals; 

• The ICE office receiving the 

information; and 

• ICE Duty Agent Log of information 

received, which contains some or all of 

the specific data listed above. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

8 U.S.C. 1357 and 19 U.S.C. 1589a. 

PURPOSE(S): 

The purpose of this system is to 

document and manage the identities of 

and information received from a number 

of sources, including Confidential 

Informants, regarding possible 

violations of law or other information in 

support of law enforcement 

investigations and activities conducted 

by ICE. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE 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 of 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: 

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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 relevant and 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 

where DOJ or DHS has agreed to 

represent the employee; or 

4. the United States, or any agency 

thereof. 

B. 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. 

C. 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 identity 

theft or fraud, harm to economic or 

property interests, harm to an 

individual, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by 

DHS or another agency or entity) 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’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

D. 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. 

E. Where a record, either on its face 

or in conjunction with other 

information, indicates a violation of 

law, rule, regulation, or order, which 

includes criminal, civil, or regulatory 

violations, and such disclosure is proper 

and consistent with the official duties of 

the person making the disclosure, a 

disclosure may be made to federal, state, 

local, tribal, territorial, international, or 

foreign law enforcement agencies or 

other appropriate authorities charged 

with investigating or prosecuting a 

violation or enforcing or implementing 

a law, rule, regulation, or order. 

F. To federal, state, local, tribal, 

territorial, foreign, or international 

agencies for the purpose of obtaining 

information relevant and necessary to 

ICE’s decision whether an individual 

may act as a Confidential Informant. 

G. To courts, magistrates, 

administrative tribunals, parties, and 

witnesses, in the course of immigration, 

civil, or criminal proceedings (including 

discovery, presentation of evidence, and 

settlement negotiations) and when DHS 

determines that use of such records is 

relevant and necessary to the litigation 

before a court or adjudicative body 

when any of the following is a party to 

or have an interest in the 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 the 

government has agreed to represent the 

employee; or 

(4) the United States, where DHS 

determines the litigation is likely to 

affect DHS or any of its components. 

H. To prospective claimants and their 

attorneys for the purpose of negotiating 

the settlement of an actual of 

prospective claim against DHS or its 

current or former employees, in advance 

of the initiation of formal litigation or 

proceedings. 

I. To a former employee of DHS for 

purposes of responding to an official 

inquiry by federal, state, local, tribal, or 

territorial government agencies or 

professional licensing authorities or 

facilitating communications with a 

former employee that may be relevant 

and necessary for personnel-related or 

other official purposes where DHS 

requires information nor consultation 

assistance from the former employee 

regarding a matter within that person’s 

former area of responsibility. 

J. To international, foreign, 

intergovernmental, and multinational 

government agencies, authorities, and 

organizations to facilitate the testimony 

of a Confidential Informant in a 

criminal, civil, or administrative case in 

which the Confidential Informant is a 

cooperating witness or party. 

K. To federal, state, local, tribal, 

territorial, or foreign government 

agencies, as well as to other individuals 

and organizations during the course of 

an investigation by DHS or the 

processing of a matter under DHS’s 

jurisdiction, or during a proceeding 

within the purview of the immigration 

and nationality laws, when DHS deems 

that such disclosure is necessary to 

carry out its functions and statutory 

mandates or to elicit information 

required by DHS to carry out its 

functions and statutory mandates. 

L. To federal, state, local, tribal, 

territorial, foreign, or international 

criminal, civil, or regulatory law 

enforcement authorities when the 

information is necessary for 

collaboration, coordination, and deconfliction of investigative matters, 

prosecutions, and/or other law 

enforcement actions to avoid 

duplicative or disruptive efforts and to 

ensure the safety of law enforcement 

officers who may be working on related 

law enforcement matters. 

M. To federal and foreign government 

intelligence or counterterrorism 

agencies or components where DHS 

becomes aware of an indication of a 

threat or potential threat to national or 

international security, or where such 

disclosure is to support the conduct of 

national intelligence and security 

investigations or to assist in antiterrorism efforts. 

N. To the Department of State when 

it requires information to consider and/ 

or provide an informed response to a 

request for information from a foreign, 

international, or intergovernmental 

agency, authority, or organization about 

an alien or an enforcement operation 

with transnational implications. 

O. 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. 

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. 

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RETRIEVABILITY: 

Records for Confidential Informants 

are retrieved by ICE by their numerical 

identifier or the associated ICE 

investigative case number. Other source 

records are retrieved by ICE 

investigative case number, individual’s 

name or alias (source, subject or other 

person connected with the 

investigation), the ICE field office which 

received the information, and the date 

the information was received. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable DHS automated system 

security access policies. Strict controls 

have been imposed 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. 

RETENTION AND DISPOSAL: 

ICE is seeking approval for a records 

retention schedule for the records 

described in this system of records. ICE 

proposes to maintain both electronic 

and paper-based records pertaining to 

Confidential Informants in active form 

at ICE Headquarters for five (5) years 

past the date of an individual’s 

deactivation from being a Confidential 

Informant. The records will then be 

archived and retained at ICE 

Headquarters for an additional fifty (50) 

years, following which the records will 

be destroyed. 

The retention and disposal period 

listed in the existing system of records 

notice will continue to be applicable for 

paper-based records pertaining to 

Confidential Informants maintained at 

ICE field offices as well as records 

pertaining to Non-Confidential Sources 

and individuals reported by 

Confidential Informants and NonConfidential Sources. Records are 

maintained until the end of the fiscal 

year in which the related investigative 

file is closed. The records are then 

transferred to the Federal Records 

Center five (5) years after the end of that 

fiscal year. The records are then 

destroyed fifty (50) years after the end 

of the fiscal year in which the related 

investigative file is closed. Disposal of 

paper files occurs by burning or 

shredding; electronic data is disposed of 

using methods approved by the DHS 

Chief Information Security Officer. 

SYSTEM MANAGER AND ADDRESS: 

Deputy Assistant Director, 

Investigative Services Division, Office of 

Investigations, ICE Headquarters, 

Potomac Center North, 500 12th St. SW., 

Washington, DC 20024. 

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. However, 

DHS/ICE will consider individual 

requests to determine whether or not 

information may be released. Thus, 

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 ICE’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 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, 245 Murray Drive SW., 

Building 410, STOP–0550, 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 Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

http://www.dhs.gov/foia or 1–866–431– 

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) will 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: 

Records are obtained from other 

federal, state, local, tribal, and territorial 

law enforcement agencies, Confidential 

Informants, and any other sources of 

information including members of the 

public. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Pursuant to exemption 5 U.S.C. 

552a(j)(2) of the Privacy Act, portions of 

this system are exempt from 5 U.S.C. 

552a(c)(3) and (4); (d); (e)(1), (e)(2), 

(e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and 

(e)(8); (f), and (g). Pursuant to 5 U.S.C. 

552a(k)(2), this system is exempt from 

the following provisions of the Privacy 

Act, subject to the limitations set forth 

in those subsections: 5 U.S.C. 552a(c)(3), 

(d), (e)(1), (e)(4)(G), (e)(4)(H), and (f). 

When a record received from another 

system has been exempted in that 

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

DHS will claim the same exemptions for 

those records that are claimed for the 

original primary systems of records from 

which they originated and claims any 

additional exemptions set forth here. 

Dated: January 24, 2013. 

Jonathan R. Cantor, 

Acting Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2013–02343 Filed 2–1–13; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Agency Information Collection 

Activities: Application for Allowance in 

Duties 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: 30-Day notice and request for 

comments; Extension of an existing 

information collection: 1651–0007. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) of the Department of 

Homeland Security will be submitting 

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