[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1182-1186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00770]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2018-0069]


Privacy Act of 1974; System of Records

AGENCY: U.S. Immigration and Customs Enforcement, Department of 
Homeland Security.

ACTION: Notice of a New System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to establish a new DHS/U.S. 
Immigration and Customs Enforcement (ICE) system of records titled, 
``Department of Homeland Security/U.S. Immigration and Customs 
Enforcement-017 Angel Watch Program System of Records.'' This system of 
records covers records collected as part of ICE's Angel Watch Program 
(also referred to as Operation Angel Watch) conducted by the Child 
Exploitation Investigations Unit of the ICE Homeland Security 
Investigations Cyber Crimes Center. ICE's Angel Watch Program is 
conducted as part of the Angel Watch Center (AWC), a joint initiative 
among ICE, DHS's U.S. Customs and Border Protection (CBP), and the U.S. 
Department of Justice's U.S. Marshals Service, as prescribed by 
International Megan's Law (IML) to Prevent Child Exploitation and Other 
Sexual Crimes through Advanced Notification of Traveling Sex Offenders 
(Pub. L. 114-119).
    The AWC's mission is to prevent child sex tourism by alerting 
destination countries that covered sex offenders--individuals who have 
been convicted of sexual offenses against minors and are required to 
register as sex offenders with any jurisdiction in the United States--
have scheduled upcoming travel to those countries. In accordance with 
IML, the AWC sends information to the U.S. Department of State (DoS) to 
facilitate that agency's placement of unique identifiers on the 
passports of covered sex offenders.
    This system of records describes how DHS/ICE, in accordance with 
IML, collects and maintains records about covered sex offenders and 
shares certain information with DoS; the U.S. Department of Justice; 
other federal, state, and local agencies; and foreign countries. This 
newly established system of records will be included in the Department 
of Homeland Security's inventory of record systems.

DATES: Submit comments on or before March 4, 2019. This new system will 
be effective upon publication. Routine uses will be effective March 4, 
2019.

[[Page 1183]]


ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0069 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: Philip S. Kaplan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2018-0069. 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: 
Amber Smith, (202) 732-3300, Privacy Officer, Office of Information 
Governance and Privacy, Immigration and Customs Enforcement, 500 12th 
Street SW, Mail Stop 5004, Washington, DC 20536. For privacy questions, 
please contact: Philip S. Kaplan, [email protected], (202) 343-1717, 
Chief Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528-0655.

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 establish a new DHS system of records 
titled, ``DHS/ICE-017 Angel Watch Program System of Records.'' This 
system of records covers only Angel Watch Program activities (also 
referred to as Operation Angel Watch) conducted by the Child 
Exploitation Investigations Unit of the ICE Homeland Security 
Investigations (HSI) Cyber Crimes Center, which developed the Angel 
Watch Center (AWC), a joint initiative among ICE, DHS's U.S. Customs 
and Border Protection (CBP), and the U.S. Department of Justice's U.S. 
Marshals Service, as prescribed by International Megan's Law (IML) to 
Prevent Child Exploitation and Other Sexual Crimes Through Advanced 
Notification of Traveling Sex Offenders (Pub. L. 114-119).
    ICE previously relied on the DHS/ICE-009 External Investigations 
System of Records Notice, last published at 75 FR 404 (January 5, 
2010), to cover Angel Watch Program records. ICE has determined a 
separate system of records notice (SORN) will provide greater 
transparency and clearly describe the records the Angel Watch Program 
collects and maintains on individuals.
    This system of records does not cover records originating from 
Justice/FBI-001 National Crime Information Center (NCIC) System of 
Records; \1\ DHS/CBP-006 Automated Targeting System; \2\ and the U.S. 
Department of State Consular Lookout and Support System.\3\ At all 
times, the Angel Watch Program references these records directly from 
the underlying systems in a manner consistent with law enforcement 
purposes stated in the source systems' compliance documentation.
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    \1\ JUSTICE/FBI 001--National Crime Information Center, 64 FR 
52343 (September 28, 1999), and as amended, available at: https://www.justice.gov/opcl/doj-systems-records.
    \2\ DHS/CBP 006--Automated Targeting System, 77 FR 30297 (May 
22, 2012).
    \3\ STATE 05--Overseas Citizen Services Records, September 8, 
2016, 81 FR 62235 (September 8, 2016); STATE 26--Passport Records, 
March 24, 2015, 80 FR 15653 (March 24, 2015); and STATE 39--Visa 
Records, October 25, 2012, 8377 FR 28062 (June 15, 2018). U.S. 
Department of State SORNs are available at: https://www.state.gov/privacy/sorns/index.htm.
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    This system of records also does not cover CBP or U.S. Marshals 
Service records created or maintained as part of their work in the AWC. 
Additionally, in some cases, records originating with Angel Watch 
Program activities may give rise to or be used in investigations by 
ICE. Those records continue to be covered by the DHS/ICE-009 External 
Investigations SORN.
    The Angel Watch Program, created in 2007 by ICE's HSI, and managed 
by the Child Exploitation Investigations Unit of HSI's Cyber Crimes 
Center, identifies individuals who have been convicted of sexual crimes 
against a minor and who may be traveling overseas for the purpose of 
sexually abusing or exploiting minors, a crime known as ``child sex 
tourism,'' and notifies the relevant destination countries, as 
appropriate.
    Additionally, the AWC is required to provide the U.S. Department of 
State (DoS) with information about covered sex offenders--individuals 
who have been convicted of sexual offenses against minors and are 
required to register as sex offenders with any jurisdiction in the 
United States--who are traveling or intend on traveling abroad so DoS 
may place a unique identifier on their U.S. passports.
    Pursuant to IML, the Angel Watch Program runs automated queries 
through CBP's Automated Targeting System--Passenger (ATS-P). ATS-P 
scans passenger manifests of outgoing international flights and 
identifies passengers with a possible match to a record in the National 
Sex Offender database owned by the Department of Justice's National 
Criminal Information Center (NCIC) for a sexual offense against a minor 
(hereinafter, National Sex Offender Registry or NSOR). Once a traveler 
is identified as a potential match to an NSOR record, the Angel Watch 
Program reviews the traveler's biographical data received from ATS-P to 
verify that the traveler is correctly matched to the subject identified 
in the NSOR record, and also reviews the corresponding NCIC criminal 
history data to confirm that the traveler has been convicted of a 
covered sex offense as defined within IML. In accordance with 
information sharing agreements, once the Angel Watch Program has 
confirmed individuals with scheduled travel are covered sex offenders, 
it shares information about those individuals with the U.S. Marshals 
Service, which is co-located at the AWC, to ensure the covered sex 
offenders have provided notification to states or locales about their 
upcoming travel, as applicable. As part of the Angel Watch Program, ICE 
does not use or retain any information about individuals who are 
determined not to be covered sex offenders.
    Through the Angel Watch Program ICE evaluates multiple factors 
including the details of each covered sex offender's travel itinerary 
to determine if notification to the destination country is appropriate. 
If ICE determines that notification is appropriate, it sends an 
operational record (i.e., biographic information from source systems 
pertaining to a covered sex offender) to HSI Attach[eacute] offices, 
which are located at certain United States embassies. The 
Attach[eacute]s then send a notification record (i.e., a derivative of 
an operational record containing only the information needed to provide 
situational awareness) to law enforcement and/or border security 
officials in the destination country or countries of the covered sex 
offender's pending arrival. By notifying officials in the destination 
countries prior to the covered sex offender's arrival, and by providing 
basic flight information and conviction information located in the 
NSOR, HSI enables the destination countries to make informed decisions 
about whether they believe the covered sex offender may pose a risk of 
engaging in child sex tourism. HSI advises foreign countries that this 
information is for informational purposes only. If ICE's Angel Watch 
Program determines that notification is

[[Page 1184]]

inappropriate, it will not proceed and will delete the information.
    Prior to traveling abroad, ICE strongly encourages travelers who 
believe they might be a covered sex offender to contact the destination 
country to ensure they will be permitted entry upon arrival.
    In accordance with 34 U.S.C. 21503(e)(7), ICE's Angel Watch Program 
has established a mechanism to receive complaints from individuals 
alleged to be affected by erroneous notifications to destination 
countries. The Angel Watch Program will ensure that any complaint is 
promptly reviewed, and in the case of a complaint that involves a 
notification sent by another Federal Government agency, the Angel Watch 
Program will provide the individual with the contact information, for 
the appropriate entity and forward the complaint to that entity, as 
required by IML. If the Angel Watch Program determines it provided 
inaccurate information, it will take corrective action to remedy the 
error, including notifying any foreign government who received the 
inaccurate information, as well as other Federal Government agencies 
with which it has previously shared the incorrect information, so they 
can update their records, as needed. The Angel Watch Program will 
provide a complainant with a written response in the event incorrect 
information was shared, along with an explanation, to the extent 
permitted by law and policy, as to why the incorrect information was 
shared, and actions the program has taken to remedy the error. The 
Angel Watch Program will publicly post instructions on how to submit a 
complaint on the ICE public-facing website. The program agrees to 
receive any complaint about an individual having been identified by the 
Angel Watch Program as a covered sex offender via email at the 
following address: [email protected].
    This new system of records will be included in DHS's inventory of 
record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. Additionally, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right to make requests for 
access and amendment to covered records, as defined by the JRA, along 
with judicial review for denials of such requests. In addition, the JRA 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act.
    Below is the description of the DHS/ICE-017 Angel Watch Program 
System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
SYSTEM NAME AND NUMBER:

    Department of Homeland Security (DHS)/U.S. Immigration and Customs 
Enforcement (ICE)-017 Angel Watch Program System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the ICE Headquarters in Washington, DC 
and Homeland Security Investigations (HSI) Attach[eacute] offices 
abroad.

SYSTEM MANAGER(S):
    Homeland Security Investigations, Cyber Crimes Center Child 
Exploitation Investigations Unit, (866) 347-2423, U.S. Immigration and 
Customs Enforcement, 500 12th Street SW, Washington, DC 20536.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    6 U.S.C. 202-203; 18 U.S.C. 1591, 1596, 2251, 2260, 2423; 19 U.S.C. 
1628, 34 U.S.C. 21503.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to collect information on covered sex 
offenders to: (1) Combat transnational child sex tourism or 
exploitation; (2) Share information on covered sex offenders with 
foreign countries to aid them in making informed decisions regarding 
the admissibility of travelers in their own countries; (3) Support the 
receipt of and response to any complaints by alleged covered sex 
offenders or others related to the activities of the Angel Watch 
Program; (4) Identify potential criminal activity; uphold and enforce 
criminal laws; and ensure public safety.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system are: (1) 
Individuals, including United States citizens, who have an NSOR record 
for a sexual offense against a minor and who have scheduled 
international travel, and (2) individuals, as well as any 
representative acting on their behalf, filing complaints with the Angel 
Watch Program concerning alleged inaccurate information.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in this system include:
    1. Notification records consist of information transmitted to DHS's 
foreign counterparts for situational awareness. This information may 
include name, date of birth, Alien Registration Number (A-Number), 
Social Security number, passport number, and country of birth.
    2. Complaints filed by individuals or their representatives 
concerning the sharing of their travel information under this program. 
This includes any information submitted by the complainant; information 
compiled by the agency in researching the complaint; records of an 
individual's criminal history and/or status on the sex offender 
registry; memoranda or other communications within the agency or with 
other agencies related to the complaint; research conducted in DHS and 
other government data systems; and the agency's response to the 
complaint.

RECORD SOURCE CATEGORIES:
    Angel Watch Program notification records validate biographic 
information against the Advance Targeting System--Passenger (ATS-P), 
owned by U.S. Customs and Border Protection; \4\ the National Sex 
Offender Registry within the National Crime Information Center, 
maintained by the Federal Bureau of Investigation; \5\ domestic courts 
and law enforcement agencies; the U.S. Department of Justice's National 
Sex Offender Public website (NSOPW), and state, territories, and tribal 
sex offender registries, available through NSOPW, including the 
entities responsible for their maintenance; \6\ and the U.S.

[[Page 1185]]

Department of State from its Consular Lookout and Support System.\7\ 
Information is also obtained directly from the individuals covered by 
this system of records or their representatives in the event a 
complaint is filed.
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    \4\ DHS/CBP 006--Automated Targeting System, 77 FR 30297 (May 
22, 2012).
    \5\ JUSTICE/FBI 001--National Crime Information Center, 64 FR 
52343 (September 28, 1999), and as amended, available at: https://www.justice.gov/opcl/doj-systems-records.
    \6\ NSOPW is a public resource that searches the public sex 
offender registries from all 50 states, the District of Columbia, 
the five principal U.S. territories, and federally recognized Indian 
tribes. Conversely, the FBI's National Sex Offender Registry is a 
database available only to law enforcement that is maintained by the 
FBI's Criminal Justice Information Services Division.
    \7\ STATE 05--Overseas Citizen Services Records, September 8, 
2016, 81 FR 62235 (September 8, 2016); STATE 26-Passport Records, 
March 24, 2015, 80 FR 15653 (March 24, 2015); and STATE 39--Visa 
Records, October 25, 2012, 8377 FR 28062 (June 15, 2018). Department 
of State SORNs are available at: https://www.state.gov/privacy/sorns/index.htm.
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ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 U.S. Department of Justice (DOJ), including Offices of 
the U.S. Attorneys, or other federal agencies conducting litigation or 
in proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when (1) DHS 
suspects or has confirmed that there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with DHS's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    F. To another Federal agency or Federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    G. To an appropriate Federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    I. To a foreign government to provide notice of the intended travel 
of a covered sex offender from the United States to the foreign 
country, and to assist that government in making an informed decision 
as to whether the offender may pose a risk of engaging in child sex 
tourism while in that country.
    J. To federal, state, tribal, territorial, local, international, or 
foreign government agencies or entities for the purpose of consulting 
with that agency or entity: (1) To assist in making a determination 
regarding redress for an individual in connection with the operations 
of a DHS component or program; (2) to verify the identity of an 
individual seeking redress in connection with the operations of a DHS 
component or program; or (3) to verify the accuracy of information 
submitted by an individual who has requested such redress on behalf of 
another individual.
    K. To the U.S. Marshals Service to coordinate, cooperate, and de-
conflict activities related to the foreign travel of covered sex 
offenders.
    L. To the U.S. Department of State: (1) To provide notice of U.S. 
citizens identified as covered sex offenders who are traveling, or 
intend on traveling, abroad so Department of State may place a unique 
identifier on their passports; (2) to provide notice of those 
individuals no longer deemed a covered sex offender; or (3) to resolve 
complaints, inaccuracies, or errors.
    M. To other Federal Government agencies for the purpose of 
referring complaints received from individuals that are appropriately 
handled by those other agencies.
    N. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/ICE stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name and/or name and date of birth. In 
the case of complaints, records may be retrieved by name or complaint 
number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    ICE is in the process of drafting a proposed record retention 
schedule to be submitted to NARA for approval for the information 
maintained by the Angel Watch Program. The proposed retention policy 
for notification records is seven (7) years from the year in which the 
travel was scheduled to occur, and

[[Page 1186]]

for complaint records, seven years after the complaint was closed.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/ICE safeguards records in this system according to all 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. ICE has strict controls to 
minimize the risk of compromising the information that is being stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record 
contained in this system of records may submit a request in writing to 
the Chief Privacy Officer and ICE Freedom of Information Act (FOIA) 
Officer, whose contact information can be found at http://www.dhs.gov/foia under ``Contact Information.'' If an individual believes more than 
one component maintains Privacy Act records concerning him or her, the 
individual may submit the request to the Chief Privacy Officer and 
Chief Freedom of Information Act Officer, Department of Homeland 
Security, Washington, DC 20528-0655. Even if neither the Privacy Act 
nor the Judicial Redress Act provides a right of access, certain 
records about you may be available under the Freedom of Information 
Act.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his/her 
identity, meaning that the individual must provide his/her full name, 
current address, and date and place of birth. The individual must sign 
the request, and the individual's signature must either be notarized or 
submitted under 28 U.S.C. 1746, a law that permits statements to be 
made under penalty of perjury as a substitute for notarization. While 
no specific form is required, an individual may obtain forms for this 
purpose from the Chief Privacy Officer and Chief Freedom of Information 
Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, 
the individual should:
     Explain why you believe the Department would have 
information on him/her;
     Identify which component(s) of the Department the 
individual believes may have the information about him/her;
     Specify when the individual believes the records would 
have been created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records;
     If an individual's request is seeking records pertaining 
to another living individual, the first individual must include a 
statement from the second individual certifying his/her agreement for 
the first individual to access his/her records.
    Without this bulleted information the component(s) may not be able 
to conduct an effective search, and your request may be denied due to 
lack of specificity or lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered JRA records, see 
``access procedures'' above. Individuals who wish to contest the 
accuracy of records in this system of records should submit these 
requests to the Privacy Division of the ICE Information Governance & 
Privacy Office. Requests must comply with verification of identity 
requirements set forth in Department of Homeland Security Privacy Act 
regulations at 6 CFR 5.21(d). Please specify the nature of the 
complaint and provide any supporting documentation. By mail (please 
note substantial delivery delays exist): ICE Information Governance & 
Privacy Office, ATTN: Privacy Division, 500 12th Street SW, Mail Stop 
5004, Washington, DC 20536. By email: [email protected].
    Please contact the Privacy Division with any questions about 
submitting a request at 202-732-3300 or [email protected].

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures''.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2019-00770 Filed 1-31-19; 8:45 am]
 BILLING CODE 9111-28-P