[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77778-77782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29807]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0191]


Privacy Act of 1974; U.S. Customs and Border Protection--011 TECS 
System of Records Notice

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 and as part of the 
Department of Homeland Security's ongoing effort to review and update 
legacy system of record notices, the Department of Homeland Security is 
publishing a revised system of records notice for the system formerly 
known as the Treasury/CS.244, Treasury Enforcement Communication 
System, October 18, 2001, as a Department of Homeland Security system 
of records notice titled, DHS/CBP-011 TECS. Additionally, the 
Department is giving notice that it plans to consolidate into this 
newly revised system of records the following legacy system of records: 
Treasury/CS.272 Currency Declaration File, October 18, 2001; Treasury/
CS.224 Suspect Persons Index, October 18, 2001; Justice/INS-032 
National Automated Immigration Lookout System (NAILS), October 17, 
2002; and Treasury/CS.262 Warnings to Importers in Lieu of Penalty, 
October 18, 2001. Categories of individuals, categories of records, and 
the routine uses of this legacy system of records notice have been 
reviewed and updated to better reflect the Department of Homeland 
Security DHS/CBP-011 TECS, which is no longer an acronym.
    TECS is an updated and modified version of the former Treasury

[[Page 77779]]

Enforcement Communications System, which is principally owned and 
managed by U.S. Customs and Border Protection and is its principal law 
enforcement and anti-terrorism data base system. TECS is established as 
an overarching law enforcement information collection, analysis, and 
sharing environment that securely links telecommunications devices and 
personal computers to a central system and database. This environment 
is comprised of several modules designed to collect, maintain, and 
screen data as well as conduct analysis, screening, and information 
sharing. TECS databases contain temporary and permanent enforcement, 
inspection and intelligence records relevant to the anti-terrorism and 
law enforcement mission of U.S. Customs and Border Protection and 
numerous other federal agencies that it supports. TECS also maintains 
limited information on those individuals who have been granted access 
to the system. Access is granted to those agencies which share a common 
need for data maintained in the system. TECS also allows direct access 
to other major law enforcement systems, including the Department of 
Justice's National Crime Information Center (NCIC), the National Law 
Enforcement Telecommunications Systems (NLETS), and the Canadian Police 
Information Centre (CPIC).
    In an effort to provide even more detailed information and 
transparency to the public, U.S. Customs and Border Protection has 
separately published System of Records Notices for the applicable 
subsets of data connected to TECS, including the DHS/CBP-006 Automated 
Targeting System (ATS) August 6, 2007, DHS/CBP-007 Border Crossing 
Information (BCI) July 25, 2008, DHS/CBP-005 Advanced Passenger 
Information System (APIS) last published November 18, 2008 and DHS/CBP-
009 Non-Immigrant Information System (NIIS) being published 
concurrently with this SORN elsewhere in the Federal Register today.
    Additionally, the Department is issuing a Notice of Proposed 
Rulemaking (NPRM) concurrent with this SORN elsewhere in the Federal 
Register. The exemptions for the legacy system of records notices will 
continue to be applicable until the final rule for this SORN has been 
issued.
    This system will be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Written comments must be submitted on or before January 20, 
2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0191 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: 
Laurence E. Castelli (202-325-0280), Chief, Privacy Act Policy and 
Procedures Branch, U.S. Customs and Border Protection, Office of 
International Trade, Regulations & Rulings, Mint Annex, 799 Ninth 
Street, NW., Washington, DC 20001-4501. For privacy issues 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

    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law, Section 1512, 116 Stat. 2310 (November 25, 2002), the 
Department of Homeland Security (DHS) and U.S. Customs and Border 
Protection (CBP) have relied on preexisting Privacy Act system of 
records notices for the collection and maintenance of records that 
concern the Treasury Enforcement Communications System (TECS).
    As part of its efforts to streamline and consolidate its record 
systems, DHS is updating and reissuing a DHS/CBP system of records 
under the Privacy Act (5 U.S.C. 552a) that deals with CBP's priority 
mission of preventing terrorists and terrorist weapons from entering 
the country while facilitating legitimate travel and trade.
    On March 1, 2003, the United States Customs Service (owner of the 
Treasury Enforcement Communications System) was transferred from the 
Department of the Treasury to the newly created Department of Homeland 
Security (``DHS'') and renamed ``Bureau of Customs and Border 
Protection.'' Subsequently, on April 23, 2007, a Notice was published 
in the Federal Register (72 FR 20131) to inform the public that the 
name of the Bureau of Customs and Border Protection had been changed by 
the Department of Homeland Security to ``U.S. Customs and Border 
Protection (CBP)''. Accordingly, inasmuch as the Treasury Enforcement 
Communications System is principally owned and managed by CBP and CBP 
is no longer part of the Department of the Treasury, the system 
formerly known as the Treasury Enforcement Communications System will 
now be known as DHS/CBP-011 TECS (no longer an acronym).
    In accordance with the Privacy Act of 1974 and as part of the 
Department of Homeland Security's ongoing effort to review and update 
legacy system of record notices, the Department of Homeland Security is 
publishing a revised system of records notice for the system formerly 
known as the Treasury/CS.244, Treasury Enforcement Communication 
System, (66 FR 52984 October 18, 2001), as a Department of Homeland 
Security system of records notice titled, DHS/CBP-011 TECS. 
Additionally, the Department is giving notice that it is retiring 
Treasury/CS.272 Currency Declaration File, (October 18, 2001 66 FR 
52984) Treasury/CS.224 Suspect Persons Index (66 FR 52984 October 18, 
2001) Justice/INS-032 National Automated Immigration Lookout System 
(NAILS) (67 FR 64136 October 17, 2002) and Treasury/CS.262 Warnings to 
Importers in lieu of Penalty (66 FR 52984 October 18, 2001), as they 
have been into this consolidated SORN. Categories of individuals, 
categories of records, and the routine uses of this legacy system of 
records notice have been reviewed and updated to better reflect the 
Department of Homeland Security, U.S. Customs and Border Protection, 
and TECS.
    DHS/CBP-011 TECS is an updated and modified version of the former 
Treasury Enforcement Communications System (TECS), which is principally 
owned and managed by U.S. Customs and Border Protection and is its 
principal law enforcement and anti-terrorism data base system. TECS is 
established as an overarching law enforcement information collection, 
analysis, and sharing environment that links telecommunications devices 
and personal computers securely to a central system and database. This 
environment is comprised of several modules designed to collect, 
maintain and screen data as well as conduct analysis, screening, and 
information sharing. TECS databases contain temporary and permanent 
enforcement, inspection, and intelligence records relevant to the anti-
terrorism and law enforcement mission

[[Page 77780]]

of U.S. Customs and Border Protection and numerous other federal 
agencies that it supports. TECS also maintains limited information on 
those individuals who have been granted access to the system. Access is 
granted to those agencies which share a common need for data maintained 
in the system. TECS also allows direct access to other major law 
enforcement systems, including the Department of Justice's National 
Crime Information Center (NCIC), the National Law Enforcement 
Telecommunications Systems (NLETS) and the Canadian Police Information 
Centre (CPIC).
    In an effort to provide even more detailed information and 
transparency to the public U.S. Customs and Border Protection has 
separately published System of Records Notices for the applicable 
subsets of data connected to TECS, including the DHS/CBP-006 Automated 
Targeting System (ATS) (August 6, 2007, 72 FR 43650), DHS/CBP-007 
Border Crossing Information System (BCIS) (July 25, 2008, 73 FR 43457), 
DHS/CBP-005 Advanced Passenger Information System (APIS) (November 18, 
2008, 73 FR 68435), and DHS/CBP-009 Non-Immigrant Information System 
(NIIS), which is being published concurrently with this SORN elsewhere 
in the Federal Register today.
    Additionally, the Department is issuing a Notice of Proposed 
Rulemaking (NPRM) concurrent with this SORN elsewhere in the Federal 
Register. The exemptions for the legacy system of records notices will 
continue to be applicable until the final rule for this SORN has been 
published.
    This system will be included in the Department of Homeland 
Security's inventory of record systems.

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 in individuals' records. The Privacy Act applies to 
information that is maintained in a ``system of records.'' A ``system 
of records'' is a group of any records under the control of an agency 
from which information is retrieved by the name of the 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 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. 
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.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system to make agency recordkeeping practices 
transparent, to notify individuals regarding the uses of their records, 
and to assist the individual to more easily find such files within the 
agency. Below is a description of the TECS System of Records.
    In accordance with 5 U.S.C. 552a(r), a report concerning this 
record system has been sent to the Office of Management and Budget and 
to the Congress.
System of Records: DHS/CBP-011

System name:
    DHS/CBP-011 TECS.

Security classification:
    Unclassified; Law Enforcement Sensitive.

System location:
    This computer database is located at the U.S. Customs and Border 
Protection National Data Center in the Washington DC area. TECS will be 
migrated to other DHS Datacenters. Computer terminals are located at 
CBP sites and ports throughout the United States and at CBP 
Headquarters, Washington, DC, as well as appropriate facilities under 
the jurisdiction of the U.S. Department of Homeland Security (DHS) and 
other locations at which officers of DHS may be posted or operate to 
facilitate DHS's mission of homeland security. Terminals may also be 
located at appropriate facilities for other participating government 
agencies pursuant to agreement.

Categories of individuals covered by the system:
     Violators or suspected violators of laws enforced or 
administered by DHS (some of whom have been apprehended by officers of 
DHS);
     Individuals who are suspected of, or who have been 
arrested for, thefts from international commerce;
     Convicted violators of laws enforced or administered by 
DHS and/or drug laws in the United States and foreign countries;
     Persons with outstanding warrants--Federal or state;
     Victims of any violation of the laws enforced or 
administered by DHS;
     Owners, operators and/or passengers of vehicles, vessels 
or aircraft traveling across U.S. borders or through other locations 
where CBP maintains an enforcement or operational presence;
     Persons traveling across U.S. borders or through other 
locations where CBP maintains an enforcement or operational presence 
and who are determined to be related to a law enforcement context;
     Persons identified by Center for Disease Control (CDC), 
U.S. Health and Human Services as ``No Boards'' because of a highly 
contagious communicable disease through the Advance Passenger 
Information System in connection with trying to board an aircraft to 
travel internationally;
     Individuals who have been issued a CBP detention or 
warning;
     Individuals who may pose a threat to the United States; 
and
     Individuals who have been given access to TECS for 
authorized purposes.

Categories of records covered by the system:
    Various types of information from a variety of Federal, state, 
local, and foreign sources, which contribute to effective law 
enforcement and counterterrorism efforts, may be maintained in this 
system of records. Records include, but are not limited to, records 
pertaining to known or suspected violators, wanted persons, persons of 
interest for law enforcement and counterterrorism purposes, reference 
information, regulatory and compliance data. Information about 
individuals includes, but is not limited to full name, alias, date of 
birth, address, physical description, various identification numbers 
(e.g., social security number, alien number, I-94 number, seizure 
number), details and circumstances of a search, arrest, or seizure, 
case information such as merchandise and values, methods of theft.

Authority for maintenance of the system:
    Section 5 U.S.C. 301; Homeland Security Act of 2002, Pub. L. 107-
296; the Tariff Act of 1930, as amended; Title 18, United States Code, 
Chapter 27; the Immigration and Nationality Act.

Purpose
    The purpose of this system is to track individuals who have 
violated or are suspected of violating a law or regulation that is 
enforced or administered by CBP, to provide a record of any inspections 
conducted at

[[Page 77781]]

the border by CBP, to determine admissibility into the United States, 
and to record information regarding individuals, firms, and 
organizations to whom DHS/CBP has issued detentions and warnings. 
Additionally, this system of records covers individuals who have been 
given access to TECS for authorized purposes.

 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 or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice 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 or any component in his/her official 
capacity;
    3. Any employee of DHS or any component 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 or CBP 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 or CBP 
collected the records.
    B. To a congressional office in response to an inquiry from that 
congressional office made at the request of the individual to whom the 
record pertains.
    C. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    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.
    E. To appropriate agencies, entities, and persons when:
    1. DHS or CBP suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS or CBP 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, CBP, or another agency or entity) or harm to the 
individual who relies upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS or CBP's efforts 
to respond to the suspected or confirmed compromise and prevent, 
minimize, or remedy such harm.
    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 or CBP, 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/CBP officers and employees.
    G. 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 civil or criminal laws.
    H. 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.
    I. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate to the proper 
performance of the official duties of the officer making the 
disclosure.
    J. 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, to the extent the information is 
relevant to the protection of life or property and disclosure is 
appropriate to the proper performance of the official duties of the 
person making the disclosure.
    K. To an appropriate Federal, State, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit, or if the information is relevant and 
necessary to a DHS decision concerning the hiring or retention of an 
employee, the issuance of a security clearance, the reporting of an 
investigation of an employee, the letting of a contract, or the 
issuance of a license, grant or other benefit and when disclosure is 
appropriate to the proper performance of the official duties of the 
person making the request.
    L. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, for 
purposes of assisting such agencies or organizations in preventing 
exposure to or transmission of a communicable or quarantinable disease 
or for combating other significant public health threats.
    M. To Federal and foreign government intelligence or 
counterterrorism agencies or components where CBP becomes aware of an 
indication of a threat or potential threat to national or international 
security, or where such use is to assist in anti-terrorism efforts and 
disclosure is appropriate in the proper performance of the official 
duties of the person making the disclosure;
    N. To the news media and the public, with the approval of the DHS 
Chief Privacy Officer in consultation with counsel, as appropriate, 
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 CBP or is necessary to demonstrate the accountability 
of CBP'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.
    O. To a Federal, State, or local agency, or other appropriate 
entity or individual, or through established liaison channels to 
selected foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by U.S. law, Executive Order, or other applicable national 
security directive.

Disclosure to consumer reporting agencies:
    None.

[[Page 77782]]

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    The data is stored electronically at the National Data Center and 
other DHS Data Centers for current data and offsite at an alternative 
data storage facility for historical logs and system backups.

Retrievability:
    The data is retrievable by name, address, unique identifiers or in 
association with an enforcement report or other system document.

Safeguards:
    All records are protected from unauthorized access through 
appropriate administrative, physical, and technical safeguards. These 
safeguards include all of the following: restricting access to those 
with a ``need to know''; using locks, alarm devices, and passwords; 
compartmentalizing databases; auditing software; and encrypting data 
communications.
    TECS also monitors source systems for changes to the source data. 
The system manager, in addition, has the capability to maintain system 
back-ups for the purpose of supporting continuity of operations and the 
discrete need to isolate and copy specific data access transactions for 
the purpose of conducting security incident investigations. TECS 
information is secured in full compliance with the requirements of the 
DHS IT Security Program Handbook. This handbook establishes a 
comprehensive information security program.
    Access to TECS is controlled through a security subsystem, which is 
used to grant access to TECS information on a ``need-to-know'' basis.

Retention and Disposal:
    The majority of information collected in TECS is used for law 
enforcement and counterterrorism purposes. Records in the system will 
be retained and disposed of in accordance with a records schedule to be 
approved by the National Archives and Records Administration.
    The retention period for information maintained in TECS is seventy-
five (75) years from the date of the collection of the information or 
for the life of the law enforcement matter to support that activity and 
other enforcement activities that may become related. TECS collects 
information directly from authorized users.

System Manager and address:
    Assistant Commissioner, Office of Information Technology, Passenger 
Systems Program Office, U.S. Customs and Border Protection 
Headquarters, 1300 Pennsylvania Avenue, NW., Washington, DC 20229.

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, CBP 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 CBP's FOIA Officer, 1300 
Pennsylvania Avenue, NW., Washington, DC 20229.
    When seeking records about yourself from this system of records or 
any other CBP 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, http://www.dhs.gov or 1-866-431-0486. In addition 
you should provide the following:
     An explanation of why you believe the Department would 
have information on you,
     Specify when you believe the records would have been 
created,
     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 this bulleted information CBP 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:
    This system contains investigatory material compiled for law 
enforcement and counterterrorism purposes whose sources need not be 
reported.

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)(4)(I), (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), (e)(4)(I), and (f). In addition, to 
the extent a record contains information from other exempt systems of 
records, CBP will rely on the exemptions claimed for those systems.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-29807 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P