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and consistent with the official duties of
the person making the disclosure.
H. To assist training program needs,
retirements, statistical compilations,
and negotiations with Canadian
authorities to assure equitable
participation by U.S. registered pilots
with Canadian registered pilots.
I. To an appropriate Federal, state,
local, tribal, territorial, 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.
J. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:

Records may be retrieved by name
and pilot registration number.
SAFEGUARDS:

Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize

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the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
RETENTION AND DISPOSAL:

Records are Destroyed 6 years after
the individual’s license expires, upon
death of the individual or when the
individual turns 70 years old,
whichever is sooner. (AUTH: N1–26–
05–2, Item 1)
SYSTEM MANAGER AND ADDRESS:

Commandant, CG–54122, Chief,
Pilotage Branch, United States Coast
Guard Headquarters, 2100 2nd Street,
SW., Washington, DC 20593–0001.
NOTIFICATION PROCEDURE:

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 Commandant, CG–
54122, Chief, Great Lakes Pilotage
Branch, United States Coast Guard
Headquarters, 2100 2nd Street, SW.,
Washington, DC 20593–0001.
When seeking records about yourself
from this system of records or any other
USCG 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; and
• 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 the
USCG will not be able to conduct an
effective search, and your request may
be denied due to lack of specificity or
lack of compliance with applicable
regulations.

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RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

Individual’s original application for
U.S. pilot’s registration and individual’s
yearly report of medical examination.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29806 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P

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
Privacy Office, DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.
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

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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 antiterrorism 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–

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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

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77779

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 antiterrorism 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 antiterrorism and law enforcement mission

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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

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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:

CATEGORIES OF RECORDS COVERED BY THE
SYSTEM:

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;

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• 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.

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

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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

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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

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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.

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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:

Systems Program Office, U.S. Customs
and Border Protection Headquarters,
1300 Pennsylvania Avenue, NW.,
Washington, DC 20229.

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

VerDate Aug<31>2005

17:29 Dec 18, 2008

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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.

PO 00000

Frm 00192

Fmt 4703

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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

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0140]

Privacy Act of 1974; United States
Coast Guard–028 Family Advocacy
Case Records System of Records
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.
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 records notices, the
Department of Homeland Security is
giving notice that it proposes to update
and reissue the following United States
Coast Guard legacy record system DOT/
CG 631 Family Advocacy Case Records
System (April 11, 2000) as a Department
of Homeland Security system of records
notice titled Family Advocacy United
States Coast Guard Case Records. This
system will allow the Department of
Homeland Security to administer the
United States Coast Guard Family
Advocacy Program. Categories of
individuals, categories of records, and
the routine uses of this legacy system of
records notice have been reviewed
updated to better reflect the Department
of Homeland Security/United States
Coast Guard’s—028 Family Advocacy
Case Records system of records.
Elsewhere in today’s Federal Register,
the Department is publishing a notice of
proposed rulemaking to exempt this
system of records from certain portions

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19DEN1