Privacy Act of 1974; Systems of Records, 38699-38701 [05-13215]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Notices]
[Pages 38699-38701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13215]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[DHS-2005-0040]


Privacy Act of 1974; Systems of Records

AGENCY: Privacy Office; Department of Homeland Security

ACTION: Notice of Privacy Act system of records.

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SUMMARY: The Department of Homeland Security is creating a new system 
of records for the United States Visitor and Immigrant Status Indicator 
Technology Program. This new system of records is the Automated 
Identification Management System. It will be used to facilitate and 
further automate processes for entry into and exit from the United 
States through the issuance, to covered individuals, of a radio 
frequency identification tag with a unique identifier. These tags and 
their associated reading, processing, and storage components are 
intended to improve the recording of entry and exit data at U.S. land 
border Ports of Entry beginning July 31, 2005.

DATES: The new system of records will be effective August 4, 2005, 
unless comments are received that result in a contrary determination.

ADDRESSES: You may submit comments, identified by EPA DOCKET NUMBER 
DHS-2005-0040 by one of the following methods:
     EPA Federal Partner EDOCKET Web Site: https://www.epa.gov/
feddocket. Follow instructions for submitting comments on the Web site.
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (202) 298-5201.
     Mail: Steve Yonkers, US-VISIT Privacy Officer, 245 Murray 
Lane, SW., Washington, DC 20538; Nuala O'Connor Kelly, Chief Privacy 
Officer, Department of Homeland Security, 601 S. 12th Street, 
Arlington, VA 22202-4220.

FOR FURTHER INFORMATION CONTACT: Steve Yonkers, US-VISIT Privacy 
Officer, 245 Murray Lane, SW., Washington, DC 20538, by telephone (202) 
298-5200 or by facsimile (202) 298-5201.

SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS) 
has established the United States Visitor and Immigrant Status 
Indicator Technology Program (US-VISIT), an integrated, automated 
entry-exit system that records the arrival and departure of covered 
individuals; verifies their identities and authenticates their travel 
documents through comparison of biometric identifiers. Individuals 
subject to US-VISIT are required to provide finger scans, photographs, 
or other biometric identifiers upon arrival in, or departure from, the 
United States.
    US-VISIT has been implemented in increments. As part of Increment 
2, US-VISIT will test the use of passive radio frequency identification 
(RFID) tags to automatically, passively, and remotely record the entry 
and exit of covered individuals. These RFID tags will be

[[Page 38700]]

embedded in the Form I-94 or I-94W, which is an Arrival-Departure 
Record issued to a traveler. The RFID tag, which will contain a unique 
identification code, will be linked at a POE with the biographic and 
biometric information that was collected when the traveler entered the 
United States.
    When travelers either drive or walk through the port-of-entry, a 
transceiver will send out a harmless radio wave frequency that will 
power the DHS-issued RFID tag to transmit back a unique identifier code 
number. This code number, when received by the transceiver, will be 
relayed back to secure DHS computer systems and matched with the 
biographic and/or biometric data of the traveler. The RFID tag number 
will not contain or be derived from any personal information. DHS will 
be able to automatically identify and document the exits and, if 
applicable, the subsequent re-entry of covered individuals.
    To collect, store, and maintain the unique RFID tag number and the 
matching biographic and/or biometric data, US-VISIT is creating a new 
Privacy Act system of records, the Automated Identification Management 
System (AIDMS).
    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates personally identifiable 
information. The Privacy Act applies to information that is maintained 
in a ``system of records.'' A ``system of records'' is a group of any 
records under the control of an agency from which information is 
retrieved by the name of the individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual.
    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 to which 
personally identifiable information is put, and to assist the 
individual to more easily find such files within the agency. 
Individuals may request 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 5.21).
    US-VISIT is hereby publishing the description of the AIDMS system 
of records. In accordance with 5 U.S.C. 552a(r), a report of this new 
system of records has been provided to the Office of Management and 
Budget (OMB) and to the Congress.
DHS/US-VISIT 001

System Name:
    Department of Homeland Security (DHS), United States Visitor and 
Immigration Status Indicator Technology, Automated Identification 
Management System (AIDMS).

System Location:
    The primary AIDMS records database is located at the DHS Data 
Center in Ashburn, Virginia. AIDMS interfaces, RFID tag readers, and 
other supporting components are located at U.S. land border Ports of 
Entry (POE).

Categories of Individuals Covered by the System:
    Individuals covered by the system (``covered individuals'') consist 
of aliens as that term is defined in section 101(a)(3) of the 
Immigration and Nationality Act (INA): any person not a citizen or 
national of the United States.

Categories of Records in the System:
    The AIDMS maintains four general categories of records: Traveler 
(i.e., covered individual) identification information, RFID tag related 
information, RFID tag read event information, and border crossing 
history information.
    1. Traveler identification information includes the AIDMS unique 
traveler identification number (i.e., the traveler's RFID tag number); 
and data received from the TECS database within Customs and Border 
Protection (CBP). The data received from TECS was collected as part of 
the form I-94 and form I-94W issuance process and may include: The 
traveler's complete name; date of birth; and travel document type 
(e.g., visa), number, date, and country of issuance.
    2. RFID tag related information encompasses data collected about 
the issuance and status and may include: RFID tag number; status (e.g., 
active, returned, seized, lost or stolen, damaged, location, date/time, 
identification number of the CBP officer responsible for the 
transaction).
    3. RFID tag read event information is transactional data associated 
with the reading of an RFID tag and may include: RFID tag number 
associated with a read event; transaction identification numbers; type, 
date/time and location of a read event; direction of border crossing 
(entry or exit); and equipment identification numbers involved in the 
read event.
    4. Border crossing history information consists of the composition 
of information from the other three categories of information into a 
border crossing event that is communicated to other DHS systems which 
support the US-VISIT Program, such as TECS and the Arrival and 
Departure Information System (ADIS).

Authority for Maintenance of the System:
    8 U.S.C. 1187, 1221, 1722, 1731.

Purpose (s) of the System:
    The AIDMS system will provide the capability to automatically, 
passively, and remotely record the entry and exit of covered 
individuals using Radio Frequency Identification (RFID) tags. The RFID 
tag will be embedded in the I-94 Arrival/Departure forms, and will use 
a unique ID number embedded in the tag to associate the data on the 
form I-94 with the tag. After the tag-enabled form I-94 is issued to an 
individual, the ID number will be used as a pointer to the individual's 
biographic information located in the TECS database maintained by CBP. 
Biometric information, if applicable, is contained in the Automated 
Biometric Identification System (IDENT) maintained by US-VISIT. When 
the individual passes through the entry and exit lanes of a POE, the ID 
number will be read and used to retrieve the individual's immigration 
information for use in the entry and exit inspection processes by CBP 
officers.

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 appropriate government agencies or organizations (regardless 
of whether they are Federal, state, local, foreign, or tribal), 
lawfully engaged in collecting law enforcement (whether civil, 
criminal, or administrative) or intelligence information and/or charged 
with investigating, prosecuting, enforcing, or implementing civil and/
or criminal laws, related rules, regulations, or orders, to enable 
these entities to carry out their law enforcement and intelligence 
responsibilities.
    B. In a proceeding before a court, grand jury, or adjudicative body 
when records are determined by the Department of Homeland Security to 
be arguably relevant to the proceeding where any of the following is a 
party: (1) The DHS, or any DHS component, or subdivision thereof; (2) 
any DHS

[[Page 38701]]

employee in his or her official capacity; (3) any DHS employee in his 
or her individual capacity when the DHS has agreed to represent the 
employee or has authorized a private attorney to represent him or her; 
and (4) the United States, where the DHS or its components are likely 
to be affected.
    C. To a Member of Congress or staff acting on the Member's behalf 
when the Member or staff requests the information on behalf of and at 
the request of the individual who is the subject of the record.
    D. To the National Archives and Records Administration or other 
Federal government agencies in records management inspections conducted 
under the authority of 44 U.S.C. 2904 and 2906.
    E. To the news media and the public 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 the Department 
or is necessary to demonstrate the accountability of the Department'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.
    F. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal government, when 
necessary to accomplish an agency function related to this system of 
records.
    G. To an agency, organization, or individual for the purposes of 
performing authorized audit or oversight operations.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    AIDMS electronic records are temporarily stored in systems 
(including, but not limited to, electronic readers, databases, servers, 
workstations, and message queues) at land border POEs and at 
principally stored at the primary AIDMS records database at the DHS 
Data Center in Ashburn, Virginia.

Retrievability:
    Information may be searched and retrieved based on various data 
elements, including, but not limited to: RFID tag number, traveler 
identification number, transaction number, and name of covered 
individual.

Safeguards:
    Information in this system is safeguarded in accordance with 
applicable laws and policies, including the DHS Information Technology 
Security Program Handbook. All records are protected from unauthorized 
access through appropriate administrative, physical, and technical 
safeguards. These safeguards include restricting access to authorized 
personnel who have a need-to-know, using locks, and password protection 
identification features. The system is also protected through a multi-
layer security approach. The protective strategies are physical, 
technical, administrative and environmental in nature and provide 
access control to sensitive data, physical access control to DHS 
facilities, confidentiality of communications, authentication of 
sending parties, and personnel screening to ensure that all personnel 
with access to data are screened through background investigations 
commensurate with the level of access required to perform their duties.

Retention and Disposal:
    The information that resides in the AIDMS is temporary and is 
retained only as long as needed to process a covered individual's land 
border crossing and to transfer the crossing information to existing 
DHS systems. US-VISIT is working with the U.S. National Archives and 
Records Administration (NARA) to develop a retention schedule.

System Manager(s) and Address:
    Program Manager, AIDMS Program Management Office, US-VISIT Program, 
Border and Transportation Security, U.S. Department of Homeland 
Security, Washington, DC 20528, USA.

Notification Procedures:
    To determine whether this system contains records relating to you, 
write to the US-VISIT Privacy Officer, US-VISIT Program, Border and 
Transportation Security, U.S. Department of Homeland Security, 245 
Murray Lane SW., Washington, DC 20528, USA.

Record Access Procedures:
    Requests for access, confirmation, or data correction must be in 
writing and should be addressed to the US-VISIT Privacy Officer above. 
Requests should conform to the requirements of 6 CFR part 5, subpart B, 
which provides the rules for requesting access to Privacy Act records 
maintained by DHS. The envelope and letter should be clearly marked 
``Privacy Act Access Request.'' The request should include a general 
description of the records sought and must include the requester's full 
name, current address, and date and place of birth. The request must be 
signed and either notarized or submitted under penalty of perjury.

Contesting Record Procedures:
    Same as ``Notification Procedures'' and ``Record Access 
Procedures,'' above.

Record Source Categories:
    The records in this system come directly from the RFID tag embedded 
in the I-94 Arrival/Departure forms, information located in the TECS 
database maintained by CBP, and information captured directly from the 
covered individual. Each RFID tag will use a unique ID number embedded 
in the tag to associate the I-94 holders with the tag. After the tag-
enabled I-94 is issued to an individual, the ID number will be used as 
a pointer to the individual's biographic information located in the 
TECS database. When the individual passes through the entry and exit 
lanes of a POE, the ID number will be read and used to retrieve the 
individual's immigration information for use in the entry and exit 
inspection processes by CBP officers.

Exemptions Claimed for the System:
    None.

    Dated: June 29, 2005.
Nuala O'Connor Kelly,
Chief Privacy Officer.
[FR Doc. 05-13215 Filed 6-30-05; 11:34 am]
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