48226 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices 

not exceed 162 and groups will last 

approximately 90 minutes. 

• Case Study Key Informant 

Interviews (7 versions). The Case Study 

Key Informant Interviews (CSIs) include 

7 qualitative interview versions: (1) 

Administrator, (2) Counseling Staff, (3) 

Coalition Member—Faculty, (4) 

Prevention Staff, (5) Case Finder, (6) 

Campus Police, and (7) Student Leader. 

Local project staff will be responsible 

for identifying appropriate respondents 

for each CSI version and scheduling the 

interview to occur during site visits by 

the case study team. A total of 16 

interviews will be conducted during 

each campus site visit (a total of up to 

192 interviews). The case study team 

from Macro International Inc. will be 

responsible for administering the 

interviews and is trained in qualitative 

interviewing. Sixteen individuals from 

each of the campus sites will be selected 

as key informants to participate in the 

CSIs in the first and third stages of the 

GLS Campus Case Studies, for a total of 

64 respondents. Questions on the CSIs 

include whether respondents are aware 

of suicide prevention activities, what 

the campus culture is related to suicide 

prevention, and what specific efforts are 

in place to prevent suicide among the 

campus population. Items are formatted 

as open-ended and semi-structured 

questions. The CSIs include 16 to 21 

items and will take approximately 60 

minutes to complete. On the second site 

visit, the case study team will 

incorporate preliminary findings from 

the case studies in the interviews, 

which may be modified to some extent 

to collect more comprehensive 

information and gather feedback from 

local key informants surrounding the 

context of the preliminary findings. The 

CSIs for the second site visit will last 60 

minutes. 

The average annual respondent 

burden is estimated below. This project 

is scheduled to be completed in 12 

months; thus, the table reflects the total 

burden for one year, the project length. 

The estimate reflects the total annual 

respondents for the project (at which 

time the CCS would conclude), the 

average annual number of respondents, 

the average annual number of responses, 

the time it will take for each response, 

and the average burden. 

TOTAL AND ANNUAL AVERAGES: RESPONDENTS, RESPONSES AND HOURS

Measure name Number of 

respondents 

Number of 

responses per 

respondent 

Hours/response Response 

burden 

Enhanced Module .......................................................................................... 1200 1 0 .17 204 

Focus Group—Student Version ..................................................................... 324 1 1 .5 486 

Focus Group—Faculty Version ..................................................................... 108 1 1 .5 162 

Focus Group—Staff Version .......................................................................... 54 1 1 .5 81 

Interview—Student Leader Version ............................................................... 12 1 1 12 

Interview—Case Finder Version .................................................................... 6 1 1 6 

Interview—Faculty Version ............................................................................ 12 1 1 12 

Interview—Campus Police Version ............................................................... 12 1 1 12 

Interview—Counseling Staff Version ............................................................. 12 1 1 12 

Interview—Prevention Staff Version .............................................................. 18 1 1 18 

Interview—Administrator Version .................................................................. 12 1 1 12 

Total ........................................................................................................ 590 ........................ .......................... 1317 

Send comments to Summer King, 

SAMHSA Reports Clearance Officer, 

Room 7–1044, One Choke Cherry Road, 

Rockville, MD 20857 and e-mail her a 

copy at summer.king@samhsa.hhs.gov. 

Written comments should be received 

within 60 days of this notice. 

Dated: August 11, 2008. 

Elaine Parry, 

Acting Director, Office of Program Services. 

[FR Doc. E8–19071 Filed 8–15–08; 8:45 am] 

BILLING CODE 4162–20–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2008–0072] 

Privacy Act of 1974: U.S. Immigration 

and Customs Enforcement, ICE Pattern 

Analysis and Information Collection 

(ICEPIC) System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Modification to an existing 

system of records. 

SUMMARY: U.S. Immigration and 

Customs Enforcement (ICE) is republishing the system of records notice 

(SORN) for the ICE Pattern Analysis and 

Information Collection (ICEPIC) system 

to address comments received through 

the Federal Register comment 

procedure. A minor change has been 

made to the SORN to update the contact 

point for individual requests for access 

to and amendment of records in the 

system and to propose a new routine 

use for investigation and remediation of 

any loss or compromise of personal data 

from the system, should such a loss or 

compromise occur. 

On January 30, 2008, ICE originally 

established this system of records and 

published the SORN and associated 

proposed rulemaking in the Federal 

Register, 73 FR 5577 and 73 FR 5460 

(Jan. 30, 2008). ICE received and 

considered the public comments, all of 

which were generally in favor of the 

system and the proposed rule. In light 

of the comments received, ICE 

concluded that no changes to the SORN 

are warranted at this time other than the 

proposed addition of a new routine use 

and to update the contact point for 

requests to access and correct system 

records. A final rulemaking is also 

published in this issue of the Federal 

Register in which the Department 

exempts portions of this system of 

records from one or more provisions of 

the Privacy Act because of criminal, 

civil, and administrative enforcement 

requirements. 

DATES: The established system of 

records was effective as of February 29, 

2008, based upon the prior ICEPIC 

system of records notice published on 

January 30, 2008. Comments are being 

solicited on the new routine use 

proposed in this notice. Written 

comments must be submitted on or 

before September 17, 2008. The new 

routine use will be effective September 

17, 2008. 

ADDRESSES: You may submit comments, 

identified by docket number DHS–

2008–0072 by one of the following 

methods: 


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• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 1–866–466–5370. 

• Mail: Hugo Teufel III, 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: Lyn 

Rahilly, Privacy Officer, (202–514–

1900), U.S. Immigration and Customs 

Enforcement, 425 I Street, NW., 

Washington, DC 20536, e-mail: 

ICEPrivacy@dhs.gov, or Hugo Teufel III 

(703–235–0780), Chief Privacy Officer, 

Privacy Office, U.S. Department of 

Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Part of ICE’s mission is to investigate 

possible violations of U.S. immigration 

law. Many times this involves hours of 

analysis regarding a particular case or 

operation. As part of the investigative 

process analysts must identify and 

understand the relationships among 

individuals, places, and items that are 

the subject of investigation. 

The ICEPIC Tool builds on earlier ICE 

initiatives to verify the identity of 

Special Interest Aliens (SIAs), as 

designated by the Department of State. 

In 2003 ICE implemented the National 

Security Entry Exit Registration System 

(NSEERS) to manage the growing 

collection of over 500,000 SIA records. 

National and international terrorist 

threats in the 2004 and 2005 timeframe 

resulted in ICE reviewing not only the 

SIA records in NSEERS, but also the 

records of aliens registered with the 

Student and Exchange Visitor 

Information System (SEVIS) and entered 

into the United States Visitor and 

Immigrant Status Indicator Technology 

(US VISIT) system as well. Since 2005, 

ICE’s expanding law enforcement role 

has demanded increasingly 

sophisticated tools to detect potential 

violations of immigration and criminal 

law and terrorist threats. 

ICE analyzes relationships among 

individuals using conventional database 

queries and link analysis tools; 

however, traditional link analysis tools 

rely on the consistency of key data, such 

as names and addresses, to establish 

relationships. If the source data is of 

poor quality or an individual seeks to 

conceal his/her identity through 

intentional, but subtle, changes to 

names, addresses, and other biographic 

information, then conventional tools are 

less effective at recognizing 

relationships. As a result, investigators 

and analysts may miss important 

relationships among suspects, family 

members, other associates, 

organizations, addresses, and vehicles. 

ICEPIC allows ICE law enforcement 

agents and analysts to look for nonobvious relationship patterns among 

individuals and organizations that are 

indicative of violations of the customs 

and immigration laws that are enforced 

by DHS agencies, as well as possible 

terrorist threats and plots. From these 

relationships, ICE agents can develop 

specific leads and law enforcement 

intelligence for active and new 

investigations. Identified relationships 

can also be recorded for reuse in 

subsequent investigative analyses. The 

information processed by ICEPIC comes 

from existing ICE investigative and 

apprehension records systems, as well 

as immigration and alien admission 

records systems. All ICEPIC activity is 

predicated on ongoing and valid law 

enforcement investigations. 

ICEPIC includes capabilities that 

assist investigators to record results of 

analyses performed in support of 

investigations and to capture additional 

relevant information obtained from 

outside sources. The information 

collected by, on behalf of, in support of, 

or in cooperation with DHS and its 

components may contain personally 

identifiable information collected by 

other Federal, state, local, tribal, foreign, 

or international government agencies or 

organizations. 

ICEPIC assists ICE investigators by 

automating five business processes: 

A. Analysis of leads, law enforcement 

and intelligence reports, referrals, and 

processing of queries of ICE and DHS 

information to locate relevant records 

and produce reports; 

B. Integration and resolution of 

information from multiple ICE and DHS 

databases to provide leads for law 

enforcement investigations and 

disruption of potential terrorist 

activities; 

C. Initiation of analyses that support 

investigative cases in DHS and field 

offices and recording the results of 

beneficial analyses; 

D. Production and dissemination of 

target indicator profiles and other law 

enforcement intelligence; and 

E. Management of analysis workflows 

and information resources. 

Information that is produced or 

maintained by ICEPIC is used by ICE 

agents in headquarters and field offices 

to identify potential violations of 

customs or immigration law, confirm 

suspected violations, or investigate 

potential terrorist threats. ICEPIC is 

used to identify relationships among 

different individuals or among records 

for the same individual from multiple 

sources when an individual or 

individuals have been identified as 

subjects, leads, or associates in an 

investigative case. In cases where DHS 

determines that the information would 

assist in the enforcement of civil or 

criminal laws, ICE may share the 

information with the appropriate 

Federal, State, local, tribal, or foreign 

governmental agencies or multilateral 

governmental organizations. 

Information may also be used by 

national intelligence community 

agencies where analysis of the records 

indicates a potential or confirmed threat 

of terrorist activity justifying further 

analysis or investigation. ICE may also 

share this information with the FBI 

when ICE becomes aware of information 

that may be related to an individual in 

the Terrorist Screening Database. 

The Department of Justice (DOJ) and 

other Federal agencies may use reports 

generated through ICEPIC in the review, 

settlement, and prosecution of claims, 

complaints, and lawsuits involving 

matters over which ICE exercises 

jurisdiction or when conducting 

litigation or in proceedings before any 

court, adjudicative, or administrative 

body. This includes any litigation 

matters where ICE, DOJ, or an employee 

in his or her official capacity in support 

of ICE, the United States, or any agency 

thereof is involved. 

For a more detailed description of the 

origin and purpose of this system and 

its functionality, the Privacy Impact 

Assessment published at http:// 

www.dhs.gov/privacy (follow link to 

‘‘privacy impact assessments.’’). 

Because ICEPIC contains information 

that relates to official DHS national 

security, law enforcement, immigration, 

and intelligence activities and is used in 

support of those activities, the 

Department published a proposed 

rulemaking seeking to exempt the 

ICEPIC system of records from various 

provisions of the Privacy Act, including 

the requirement that individuals be 

provided access to and correction of 

their own records. These exemptions are 

permitted by the Privacy Act and are 

needed to protect information relating to 

DHS law enforcement or intelligence 

activities from disclosure to subjects or 


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others related to these activities. For a 

complete discussion of the specific 

exemptions proposed and the reasons 

they were claimed, please see the notice 

of proposed rulemaking in the Federal 

Register, 73 FR 5577 (Jan. 30, 2008). A 

final rulemaking is published 

concurrently to this notice in this issue 

of the Federal Register. 

Public Comments 

In the January 30, 2008 publication of 

the ICEPIC SORN, the Department 

requested public comments on the 

SORN and the proposed rulemaking. 

ICE received and considered the public 

comments, which are discussed further 

below, and concluded that no 

substantive changes to the SORN are 

warranted at this time. However, ICE is 

updating the SORN to change the 

contact information for submission of 

requests to access and amend records in 

this system. 

Six comments were received. While 

all comments were in favor of the 

proposed rule, two commenters also 

raised specific concerns related to this 

system of records. Those concerns are 

addressed below. 

One commenter expressed concern 

that individuals would be unable to 

ensure their personal information in 

ICEPIC is accurate unless they are 

permitted access to their records. Other 

means exist to verify the accuracy of 

ICEPIC data and ensure that incorrect 

data are not used to prejudice that 

individual. ICEPIC users are trained to 

verify information obtained from ICEPIC 

before including it in analytical reports 

that will be used during investigations 

or shared with government personnel 

outside of ICE. Verification procedures 

include direct queries to the source 

databases from which ICEPIC originally 

obtained the information, queries of 

commercial or other government 

databases, and ICE agent interviews 

with individuals or others who are in a 

position to confirm the ICEPIC data. 

These procedures mitigate the risk 

posed by inaccurate data in the system 

and raise the probability that such data 

will be identified and corrected before 

any action is taken that would prejudice 

an individual. In addition, the source 

systems from which ICEPIC obtains 

information may, themselves, have 

mechanisms in place to ensure the 

accuracy of the data prior to the 

information being accessed through 

ICEPIC. 

Another commenter, while in favor of 

the system, expressed concerns as 

follows: 

‘‘By limiting access to a small number of 

people, power and responsibility may be 

monopolized in the hands of some who are 

never given a system of checks and balances 

over their power. The only other concern that 

I have is that, as domestic and international 

security policies and concerns shift over 

time, this proposed rule change will be 

stagnant. I would propose then that this rule 

be revisited in the coming years as security 

threats continue to fluctuate.’’

To ensure the system contains 

appropriate checks and balances to 

oversee those who have access to 

ICEPIC information, ICE has established 

appropriate controls and safeguards that 

provide oversight of authorized ICEPIC 

users. All user activity is audited and 

subject to periodic review to identify 

unauthorized use or activity. ICE 

investigates instances of unauthorized 

or inappropriate access or use of the 

system and takes appropriate 

disciplinary actions where violations 

have occurred. 

The commenter also recommended a 

review of this system in the future 

because ‘‘security threats continue to 

fluctuate.’’ ICE and DHS continue to 

exercise diligence in the response to the 

evolving threat environment. Should 

there be a need to substantially alter this 

system in the future, similar public 

notice and an opportunity to comment 

will be provided. 

Proposed Routine Use 

ICE is proposing to include a new 

routine use to support the investigation 

and remediation of any suspected or 

confirmed compromise of personal data 

from the system (i.e., a ‘‘data breach’’). 

This routine use would allow ICE to 

share information with other agencies, 

entities, contractors, or individuals for 

the purpose of supporting ICE’s efforts 

to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy any risk of harm. 

ICE is soliciting comments on this 

proposed routine use pursuant to 5 

U.S.C. 552a(e)(11). 

II. Privacy Act 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates personally identifiable 

information. The Privacy Act applies to 

information that is maintained in a 

‘‘system of records.’’ A ‘‘system of 

records’’ is a group of any records under 

the control of an agency from which 

information is retrieved by the name of 

the individual or by some identifying 

number, symbol, or other particular 

assigned to the individual. Individuals 

may request access to their own records 

that are maintained in a system of 

records in the possession or under the 

control of the Department by complying 

with the Department’s Privacy Act 

regulations, 6 CFR part 5.21 and DHS 

will review each request on a case-bycase basis in light of exemptions taken 

by ICEPIC. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description of the type and character of 

each system of records that the agency 

maintains, and the routine uses that are 

contained in each system in order to 

make agency record keeping practices 

transparent, to notify individuals 

regarding the uses to which personally 

identifiable information is put, and to 

assist individuals in finding such files 

within the agency. In accordance with 5 

U.S.C. 552a(r), the Department has 

provided a report of this revised system 

of records to the Office of Management 

and Budget and to the Congress. 

SYSTEM OF RECORDS: 

DHS–ICE–002. 

SYSTEM NAME: 

ICE Pattern Analysis and Information 

Collection. 

SECURITY CLASSIFICATION: 

Sensitive But Unclassified. 

SYSTEM LOCATION: 

U.S. Department of Homeland 

Security Immigration and Customs 

Enforcement Headquarters data facilities 

are located in the Virginia suburbs of 

Washington, DC, with continuity of 

operations sites in remote locations 

within the continental United States. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

A. Individuals or entities who are 

associated with investigations, 

inspections, apprehensions, detentions, 

patrols, removals, examinations, 

naturalizations, intelligence production, 

legal proceedings, or other operations 

that implement and enforce the 

Immigration and Nationality Act (INA) 

(8 U.S.C. 1101 et seq.) and related 

treaties, statutes, orders, and 

regulations. 

B. Individuals or entities who are 

associated with investigations, 

inspections, apprehensions, detentions, 

law enforcement intelligence 

production, legal proceedings or other 

operations that implement and enforce 

immigration- and customs-related laws, 

specifically those found in Titles 8, 19, 

and 31 of the United States Code. 

C. Individuals who are respondents, 

representatives, or witnesses in 

administrative, civil penalty, or 

forfeiture proceedings, or defendants, 

representatives or witnesses in criminal 

prosecution or extradition proceedings 


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under immigration or customs-related 

laws or regulations. 

D. Associates of the above individuals 

and entities who are sources of 

information relevant to an investigation. 

E. Individuals wanted by other law 

enforcement agencies, including 

Federal, State, local, tribal, foreign and 

international, or individuals who are the 

subject of inquiries, lookouts, or notices 

by another agency or a foreign 

government. 

F. Individuals, including U.S. 

Citizens, Lawful Permanent Residents, 

immigrants and non-immigrants who 

apply for immigration benefits and/or 

any form of automated or other 

expedited inspection for verifying 

eligibility to cross the borders into the 

United States. 

G. Non-United States citizens and 

Non-Lawful Permanent Residents who 

present themselves for entry into and/or 

exit from the United States, including 

individuals subject to the requirements 

and processes of US–VISIT. Individuals 

covered under US–VISIT include those 

who are not United States citizens at the 

time of entry or exit or who are United 

States citizens or Lawful Permanent 

Residents who have not identified 

themselves as such at the time of entry 

or exit. 

H. Individuals unlawfully present in 

the United States to include persons 

who have failed to maintain a valid 

immigration status as well as persons 

who are otherwise unlawfully present in 

the United States. 

I. Nationals of countries that threaten 

to wage war, or are at war with the 

United States, and individuals required 

to register as agents of foreign 

governments in the United States. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records come directly from 

information collected from individuals 

during DHS or federal enforcement 

encounters, from information provided 

by individuals when applying for U.S. 

immigration benefits or temporary 

admission to the U.S., or from persons 

entering or leaving the U.S. Analyzed 

records include biographical data; 

biometric identifiers, including 

fingerprints and photographs; and 

information or data related to the 

individual subject’s case, including 

immigration history, alien registration, 

and other identification or record 

numbers. The system maintains records 

used to show relationships across all 

categories of records. These records 

include: 

A. Information collected from 

individuals during a DHS enforcement 

encounter or investigation, including, 

but not limited to: Names, aliases, dates 

of birth, phone numbers, addresses, 

nationality, identification numbers such 

as A-File Number, Social Security 

Number, or driver’s license number, and 

physical characteristics. This 

information is maintained in the 

Treasury Enforcement Communications 

System (TECS), last published October 

18, 2001, 66 FR 52984 and in the DHS 

Enforcement Operational Immigration 

Records (ENFORCE) system, last 

published DHS/ICE–CBP–CIS–001–03, 

ENFORCE/IDENT March 20, 2006, 71 

FR 13987; 

B. Information collected about 

individuals during a DHS enforcement 

encounter or investigation, or provided 

by other State, local, tribal Federal, or 

foreign law enforcement or other 

relevant agencies, including, but not 

limited to: Names, aliases, nationality, 

dates of birth, phone numbers, 

addresses, affiliations, identification 

numbers such as A–File Number, Social 

Security Number, or driver’s license 

number, or physical characteristics. 

This information is maintained in TECS; 

C. Biographic information such as 

names, aliases, dates of birth, phone 

numbers, addresses, nationality, 

identification numbers such as A–File 

Number, Social Security Number, or 

driver’s license number, and 

immigration violation information 

obtained from the DHS ENFORCE or 

successor systems; 

D. Biographic information such as 

names, aliases, dates of birth, phone 

numbers, addresses, nationality, 

identification numbers such as A–File 

Number, Social Security Number, or 

driver’s license number, and descriptive 

information obtained from U.S. 

Citizenship and Immigration Services 

(USCIS) immigration benefits 

applications and application review 

findings; 

E. Information obtained from other 

Federal or foreign law enforcement 

agencies about individuals known or 

reasonably suspected to be or to have 

been engaged in conduct constituting, in 

preparation for, in aid of, or related to 

terrorism; 

F. Biographic information and other 

information such as name, address, and 

phone number obtained from 

commercial data providers for 

individuals identified as prospective 

leads or suspects in active 

investigations; and 

G. Biographic information such as 

names, aliases, dates of birth, phone 

numbers, addresses, nationality, 

identification numbers such as A–File 

Number, Social Security Number, or 

driver’s license number, and descriptive 

information obtained from U.S. Customs 

and Border Protection (CBP) encounters 

at Ports of Entry during border 

crossings. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; 8 U.S.C. 1103; 8 U.S.C. 

1225(d)(3); 8 U.S.C. 1324(b)(3); 8 U.S.C. 

1357(a); 8 U.S.C. 1360(b); 19 U.S.C. 1; 

and 19 U.S.C. 1509. 

PURPOSE: 

The purpose of the ICEPIC system is 

to provide the information technology 

infrastructure products and services that 

enable investigators and analysts within 

ICE and other DHS components to 

recognize non-obvious person, address, 

and organizational relationships within 

existing DHS records systems, and to 

develop timely, actionable leads needed 

to accomplish ICE law enforcement and 

counter-terrorism mission objectives. 

All ICEPIC activity is predicated on 

ongoing and valid law enforcement 

investigations. Current manual and 

automated processes for research, 

collation, organization, validation, and 

analysis of the information in numerous 

DHS alien registration, entry, 

intelligence, lookout, and enforcement 

systems can accomplish similar 

objectives, but are cumbersome, timeconsuming, and error-prone. ICEPIC 

will provide a reliable, responsive, and 

secure system to support production of 

actionable leads and law enforcement 

intelligence for DHS components and 

other Federal entities, as appropriate 

and in conformance with this system of 

records notice. 

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 the Privacy 

Act, 5 U.S.C. 552a(b), all or a portion of 

the records or information contained in 

this system may be disclosed to 

authorized entities, as is determined to 

be relevant and necessary, outside DHS 

as a routine use pursuant to 5 U.S.C. 

552a(b)(3) as follows: 

A. To the Department of Justice (DOJ) 

or other Federal agency in the review, 

settlement, defense, and prosecution of 

claims, complaints, and lawsuits 

involving matters over which ICE 

exercises jurisdiction, or when 

conducting litigation or in proceedings 

before any court, adjudicative or 

administrative body, when: (a) DHS; or 

(b) any employee of DHS in his/her 

official capacity; or (c) any employee of 

ICE in his/her individual capacity, 

where DOJ or DHS has agreed to 

represent the employee; or (d) the 

United States, or any agency thereof, is 

a party to the litigation or has an interest 

in such litigation, and DHS determines 


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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. 

B. 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 

where DHS determines that the 

information would assist in the 

enforcement of domestic and foreign 

civil or criminal laws. 

C. To U.S. agencies of the national 

intelligence community or through 

established liaison channels to selected 

foreign governments where analysis of 

the records indicates a potential or 

confirmed threat of terrorist activity 

justifying further analysis or 

investigation. 

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. 

Those provided information under this 

routine use are subject to the same 

Privacy Act limitations as are applicable 

to DHS officers and employees. 

E. To the National Archives and 

Records Administration (NARA) or 

other Federal agencies pursuant to 

records management inspections being 

conducted under the authority of 44 

U.S.C. 2904 and 2906. 

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. Those provided information 

under this routine use are subject to the 

same Privacy Act limitations as are 

applicable to DHS officers and 

employees. 

G. To appropriate Federal, State, 

tribal, local, or foreign law enforcement, 

intelligence, and regulatory agencies, 

foreign governments, and international 

law enforcement organizations, for 

example: the Department of Defense; the 

Department of State; the Department of 

the Treasury; the Central Intelligence 

Agency; the Selective Service System; 

the United Nations; and INTERPOL; 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 elicit information 

required to accomplish the purposes 

described in this paragraph. 

H. To an appropriate Federal, State, 

tribal, local, or foreign government 

agency or organization, or international 

organization, lawfully engaged in 

collecting law enforcement intelligence, 

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, but 

only when the disclosure is appropriate 

to the proper performance of the official 

duties of the person receiving the 

disclosure. 

I. To an appropriate Federal, State, 

local, tribal, or foreign government 

agency, international organization, or 

private organization where the President 

or the Secretary of the Department of 

Homeland Security has declared an 

event to be a National Special Security 

Event, if the information is relevant and 

necessary to a requesting agency’s 

decision concerning the hiring or 

retention of an individual, or issuance 

of a security clearance, license, contract, 

grant, or other benefit, or if the 

information is relevant and necessary to 

a DHS decision concerning the hiring or 

retention of an employee, the issuance 

of a security clearance, the reporting of 

an investigation of an employee, the 

letting of a contract, or the issuance of 

a license, grant or other benefit, but only 

when disclosure is appropriate to the 

proper performance of the official duties 

of the person making the request, and; 

J. 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, 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, or harm to the individual; 

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. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are stored electronically at 

one or more ICE data centers that are 

located in secure facilities. The records 

are stored on magnetic disc, tape, digital 

media, and optical media, and may also 

be retained in hard copy format in 

secured file folders. 

RETRIEVABILITY: 

Data are retrievable by an individual’s 

name, Social Security Number, A–File 

Number, or other unique identifier, as 

well as by non-identifying information 

such as address or date of entry into the 

United States. 

SAFEGUARDS: 

Information in this system is 

safeguarded in accordance with 

applicable laws and policies, including 

the DHS information technology 

security policies and the Federal 

Information Security Management Act 

(FISMA). All records are protected from 

unauthorized access through 

appropriate administrative, physical, 

and technical safeguards. These 

safeguards include restricting access to 

authorized personnel who have a needto-know, using locks, and password 

protection features. The system is also 

protected through a multi-layer security 

approach. The protective strategies are 

physical, technical, administrative and 

environmental in nature, which provide 

access control to sensitive data, physical 

access control to DHS facilities, 

confidentiality of communications, 

authentication of sending parties, and 

personnel screening to ensure that all 

personnel with access to data are 

screened through background 

investigations commensurate with the 

level of access required to perform their 

duties. The system also maintains a realtime auditing log of individuals who 

access and update the system. Audit 

logs are reviewed and analyzed for 

unauthorized and inappropriate system 

usage. DHS will investigate instances of 

unauthorized or inappropriate access or 

use of the system and take appropriate 

disciplinary actions where violations 

have occurred. 

RETENTION AND DISPOSAL: 

The National Archives Records 

Administration has not yet approved a 

retention schedule for this system of 

records. Because a history of Federal 

law enforcement interactions with 


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Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices 48231 

persons and organizations is essential to 

detecting criminal and terrorist patterns 

of behavior and locating leads in current 

investigations, ICE has proposed to 

retain records in ICEPIC for ten (10) 

years from ICE’s last use of the 

individual’s data, and then archive the 

information for an additional five (5) 

years. After the five (5) year period, 

information will be destroyed unless it 

has become relevant to a legal action, at 

which point the retention schedule 

would reset. 

SYSTEM MANAGER(S) AND ADDRESS: 

Unit Chief, Program Management 

Oversight, Mission Support, Office of 

Investigations, U.S. Immigration and 

Customs Enforcement, 425 I Street, 

NW., Washington, DC 20536, telephone: 

(202) 307–6201. 

NOTIFICATION PROCEDURES: 

Pursuant to 5 U.S.C. 552a(j) and (k), 

this system of records may not be 

accessed by members of the public for 

purposes of determining if the system 

contains a record pertaining to a 

particular individual. Nonetheless 

persons may seek access to records 

maintained in ICEPIC as outlined in the 

Record Access Procedures section 

below. Requests for such access will be 

reviewed on a case-by-case basis. 

RECORD ACCESS PROCEDURES: 

ICEPIC is exempt from record access 

procedures pursuant to 5 U.S.C. 552a(j) 

and (k). Nonetheless persons may seek 

access to records maintained in ICEPIC 

by contacting U.S. Immigration and 

Customs Enforcement Freedom of 

Information Act Office, 800 North 

Capitol Street, NW., Room 585, 

Washington, DC 20536. Individuals 

must submit their request and use the 

form found at http://www.ice.gov/ 

doclib/g-639.pdf. Requests for such 

access will be reviewed on a case-bycase basis to ensure that the records 

meet the requirements set out by the 

Privacy Act. 

CONTESTING RECORD PROCEDURES: 

This system is exempt from 5 U.S.C. 

552a(c)(3), (d), (e)(1), (e)(4) (G) and (H), 

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

(k)(2); however, requests for amendment 

of records may be reviewed on a caseby-case basis. Follow the ‘‘Record 

Access Procedures’’ noted above. 

RECORD SOURCE CATEGORIES: 

Information contained in the system 

is obtained from DHS investigators, 

other DHS law enforcement officers, 

other Federal, State, foreign and tribal 

law enforcement and intelligence 

agencies, public records, commercial 

data aggregators, and immigration and 

alien admission records systems. 

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). 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. 

Dated: August 11, 2008. 

Hugo Teufel III, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E8–19031 Filed 8–15–08; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2007–0054] 

Privacy Act of 1974; United States 

Citizenship and Immigration Services; 

Fraud Detection and National Security 

Data System (FDNS–DS) System of 

Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: The USCIS has developed the 

Fraud Detection and National Security 

Data System (FDNS–DS), a case 

management system used to record, 

track, and manage immigration 

inquiries, investigative referrals, law 

enforcement requests, and case 

determinations involving benefit fraud, 

criminal activity, public safety and 

national security concerns. 

DATES: Written comments must be 

submitted on or before September 17, 

2008. 

ADDRESSES: You may submit comments, 

identified by docket number DHS–

2007–0054 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 1–866–466–5370. 

• Mail: Hugo Teufel III, 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: United 

States Citizenship and Immigration 

Services, Privacy Officer, Donald 

Hawkins, 111 Massachusetts Avenue, 

NW., Washington, DC 20529. For 

privacy issues please contact: Hugo 

Teufel III (703–235–0780), Chief Privacy 

Officer, Privacy Office, U.S. Department 

of Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Office of Fraud Detection and 

National Security (FDNS) of the United 

States Citizenship and Immigration 

Services (USCIS) has developed a new 

system named the Fraud Detection and 

National Security Data System (FDNS–

DS). FDNS–DS is a central repository 

that permits specially-trained 

employees to record, track, and manage 

the background checks and adjudicative 

processes related to immigration 

applications and petitions with 

suspected or confirmed fraud, criminal 

activity, egregious public safety, and/or 

national security concerns, and cases 

randomly selected for benefit fraud 

assessments (BFAs). The system will 

also have the capability to track the 

following: 

1. USCIS investigative referrals to law 

enforcement agencies (LEAs); 

2. LEA referrals to USCIS concerning 

subjects with pending immigration 

benefit applications or petitions; 

3. background check referrals and 

resolutions associated with suspected or 

confirmed fraud, criminal activity, 

egregious public safety, and/or national 

security concerns; and 

4. any additional inquiries conducted 

in order to confirm that the information 

on file is correct. 

FDNS has created FDNS–DS, a 

centralized data system, in order to 

increase the effectiveness of United 

States (U.S.) immigration system in 

identifying threats to national security, 

combating benefit fraud, and locating 

and removing vulnerabilities that 

compromise the integrity of the legal 

immigration system. With the 

implementation of FDNS–DS, USCIS’s 

capabilities for detecting and tracking 


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