Privacy Act of 1974; the United States Visitor and Immigrant Status Indicator Technology (US-VISIT), Technical Reconciliation Analysis Classification System (TRACS) System of Records, 34028-34033 [E8-13383]
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Microbiology and Infectious Diseases
Research, National Institutes of Health, HHS)
Dated: June 5, 2008.
Anna Snouffer,
Deputy Director, Office of Federal Advisory
Committee Policy.
[FR Doc. E8–13168 Filed 6–13–08; 8:45 am]
BILLING CODE 4140–01–M
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2008–0056]
FOR FURTHER INFORMATION CONTACT:
The National Infrastructure Advisory
Council
Directorate for National
Protection and Programs, Department of
Homeland Security.
ACTION: Committee Management; Notice
of Federal Advisory Council Meeting.
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AGENCY:
SUMMARY: The National Infrastructure
Advisory Council will meet on July 8,
2008 in Washington, DC. The meeting
will be open to the public.
DATES: The National Infrastructure
Advisory Council will meet Tuesday,
July 8, 2008 from 1:30 p.m. to 4:30 p.m.
Please note that the meeting may close
early if the committee has completed its
business. For additional information,
please consult the NIAC Web site,
https://www.dhs.gov/niac, or contact Tim
McCabe by phone at 703–235–2888 or
by e-mail at
timothy.mccabe@associates.dhs.gov.
Location: The meeting will be held in
Washington, DC. The specific location
has not yet been determined. The
meeting location will be published in
the Federal Register and posted on the
NIAC Web site prior to the meeting.
ADDRESSES: While we will be unable to
accommodate oral comments from the
public, written comments may be sent
to Nancy Wong, Department of
Homeland Security, Directorate for
National Protection and Programs,
Washington, DC 20528. Written
comments should reach the contact
person listed below by June 25, 2008.
Comments must be identified by DHS–
2008–0056 and may be submitted by
one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
timothy.mccabe@associates.dhs.gov.
Include the docket number in the
subject line of the message.
• Fax: 703–235–3055.
• Mail: Nancy Wong, Department of
Homeland Security, Directorate for
National Protection and Programs,
Washington, DC 20528.
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Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and the docket
number for this action. Comments
received will be posted without
alteration at https://www.regulations.gov,
including any personal information
provided.
Docket: For access to the docket to
read background documents or
comments received by the National
Infrastructure Advisory Council, go to
https://www.regulations.gov.
Nancy Wong, NIAC Designated Federal
Officer, Department of Homeland
Security, Washington, DC 20528;
telephone 703–235–2888.
Notice of
this meeting is given under the Federal
Advisory Committee Act, 5 U.S.C. App.
(Pub. L. 92–463). The National
Infrastructure Advisory Council shall
provide the President through the
Secretary of Homeland Security with
advice on the security of the critical
infrastructure sectors and their
information systems.
The National Infrastructure Advisory
Council will meet to address issues
relevant to the protection of critical
infrastructure as directed by the
President. The July 8, 2008 meeting will
include status reports from its two
Working Groups:
(1) The Frameworks for Dealing with
Disasters and Related Interdependencies
Working Group and
(2) The Critical Partnership Strategic
Assessment Working Group.
SUPPLEMENTARY INFORMATION:
Procedural
While this meeting is open to the
public, participation in The National
Infrastructure Advisory Council
deliberations is limited to committee
members, Department of Homeland
Security officials, and persons invited to
attend the meeting for special
presentations.
Information on Services for Individuals
With Disabilities
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
meeting, contact the NIAC Secretariat at
703–235–2888 as soon as possible.
Dated: June 5, 2008.
Nancy Wong,
Designated Federal Officer for the NIAC.
[FR Doc. E8–13523 Filed 6–13–08; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2007–0077]
Privacy Act of 1974; the United States
Visitor and Immigrant Status Indicator
Technology (US–VISIT), Technical
Reconciliation Analysis Classification
System (TRACS) System of Records
Privacy Office; Department of
Homeland Security.
ACTION: Notice of Privacy Act system of
records.
AGENCY:
SUMMARY: Pursuant to the Privacy Act of
1974, the Department of Homeland
Security, National Protection and
Programs Directorate, United States
Visitor and Immigrant Status Indicator
Technology program is giving notice
that it proposes to add a new system of
records, entitled the Technical
Reconciliation Analysis Classification
System. The Technical Reconciliation
Analysis Classification System is an
information management tool used to
enhance the integrity of the United
States immigration system by detecting,
deterring, and pursuing immigration
fraud, and identifying persons who pose
a threat to national security and/or
public safety.
DATES: The established system of
records will be effective July 16, 2008.
Written comments must be submitted
on or before July 16, 2008.
ADDRESSES: You may submit comments,
identified by DHS–2007–0077, by one of
the following methods:
• Federal e-Rulemaking Portal:
https://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 https://
www.regulations.gov, including any
personal information provided.
• Docket: For access to the docket to
read background documents or
comments received go to https://
www.regulations.gov.
For
general questions please contact:
TRACS System Manager, US–VISIT
Program, U.S. Department of Homeland
Security, Washington, DC 20528 (202)
298–5200 or by facsimile (202) 298–
5201. For privacy issues please contact:
FOR FURTHER INFORMATION CONTACT:
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Hugo Teufel III (703–235–0780), Chief
Privacy Officer, Privacy Office, U.S.
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS), National
Protection and Programs Directorate
(NPPD), United States—Visitor and
Immigrant Status Indicator Technology
(US–VISIT) program is establishing a
Privacy Act system of records known as
Technical Reconciliation Analysis
Classification System (TRACS). This
system of records is an information
management tool used for management
and analysis of US–VISIT records.
TRACS will help enhance the integrity
of the United States immigration system
by detecting, deterring, and pursuing
immigration fraud, and by identifying
persons who pose a threat to national
security and/or public safety. TRACS
will consist of paper files and electronic
databases.
The Secretary of the Department of
Homeland Security has delegated to
NPPD and US–VISIT the responsibility
for enhancing the security of U.S.
citizens and visitors; facilitating safe,
efficient, and legitimate travel to the
U.S.; promoting border security and the
integrity of the immigration system;
safeguarding the privacy of visitors to
the U.S.
NPPD and US–VISIT have also been
delegated authority for assisting in the
prevention of immigration identity
fraud or theft; and serving law
enforcement, border officials, and others
who make decisions on immigration
matters, including decisions on
immigration benefits and status, by
identifying aliens seeking permission to
enter, entering, visiting, residing in,
changing status within, or exiting the
U.S.
Finally, NPPD and US–VISIT have
been delegated the responsibility for
providing technical assistance and
analytic services to other DHS functions
and components and to other Federal
agencies, as well as to State, local, tribal,
and foreign governments, including
multinational and international
organizations, to better protect the
Nation’s physical and virtual borders.
To discharge the above
responsibilities, TRACS will be used to:
(1) Identify individuals who have
remained in the United States beyond
their authorized period of admission
(overstays); (2) maintain information on
why individuals are promoted to or
demoted from the Automated Biometric
Identification System (IDENT) list of
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subjects of interest; (3) provide the
means for additional research in regards
to individuals whose biometrics are
collected by DHS, and subsequently
matched to the list of subjects of interest
during a routine IDENT query. A query
of this nature would take place
following a background check or
security screening relating to the
individual’s hiring or retention,
performance of a job function, or the
issuance of a license or credential,
allowing them access to secured
facilities to perform mission and nonmission related work. Examples of this
include credentialing of Federal, nonFederal, and contractor employees who
work within the secured areas of our
nation’s airports; (4) to further analyze
information about individuals who may
be identified as a subject of interest
following a routine query against IDENT
while applying for visas or other
benefits on behalf of domestic partners,
such as the U.S. Department of State or
foreign partners, as is the case with the
United Kingdom Border Agency’s
(UKBA) International Group Visa
Services program, which supports the
DHS mission; and (5) to provide
information in response to queries from
law enforcement and intelligence
agencies charged with national security,
law enforcement, immigration, or other
DHS mission-related functions.
Specifically, TRACS will be used for
the analysis of overstays, for changes to
the IDENT subject of interest lists, law
enforcement and intelligence research,
and to assist in developing and fostering
foreign partnerships that enhance the
goals and mission of US–VISIT, such as
the work being done in association with
the UKBA’s International Group Visa
Services project.
To identify possible overstays, US–
VISIT reviews and analyzes information
in the Arrival and Departure
Information System (ADIS), a US–VISIT
system used for the storage and use of
biographic, biometric indicator, and
encounter data on aliens who have
applied for entry, entered, or departed
the United States. ADIS consolidates
information from various systems in
order to provide a repository of data
held by DHS for pre-entry, entry, status
management, and exit tracking of
immigrants and non-immigrants. Its
primary use is to facilitate the
investigation of subjects of interest who
may have violated their immigration
status by remaining in the United States
beyond their authorized stay. To assist
in the resolution of overstays,
information related to them may be
copied to TRACS for review and further
analysis against other US–VISIT
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programs and systems to better
determine their status.
Regarding changes to the IDENT
Subject of Interest List, in order to
maintain the integrity of the
immigration and customs programs,
DHS maintains records within IDENT to
identify individuals who may present a
terrorist threat to the United States as
well as those individuals who may not
be allowed to enter the country because
of past violations of immigration or
customs law. An individual is either
promoted to or demoted from the list of
subjects of interest within IDENT. As
IDENT is not a case management
system, it merely records the change,
not the justification for the change.
TRACS will have the ability to serve as
a case management system and not only
use the information regarding the
changes to the list of subjects of interest
that is recorded in IDENT but also to
record and store the actual justification
for any change. The user will also have
the ability to enter data in predetermined selectable categories or
manually by either free text or by
cutting and pasting information
retrieved from other systems and
placing it into a workspace in TRACS so
that analysis can be performed.
For assistance in background checks
and security clearance processes for
employment at DHS or receipt of a DHS
license or credential, applicants may
have their information searched against
ADIS or IDENT records. Clearance,
employment eligibility, or other license
or credential applications that have a
match against ADIS or IDENT may
require additional research regarding
the applicant. Such information would
be maintained and tracked in TRACS.
Regarding analyzing information on
behalf of domestic or foreign partners,
US–VISIT will assist its partners in
analyzing information held by US–
VISIT where such analysis supports the
DHS mission. For example, for the
UKBA visa services project, US–VISIT
will receive biometric information from
the UK for UK visa applicants and query
their biometric information against the
IDENT list of subjects of interest. US–
VISIT will then provide the results from
the query back to the UK for purposes
of visa adjudication.
Regarding law enforcement and
intelligence research, US–VISIT may
also receive requests from other law
enforcement agencies, such as
Immigration and Customs Enforcement
(ICE), Customs and Border Protection
(CBP), and the Federal Bureau of
Investigation (FBI), as well as from other
intelligence agencies, to provide further
information regarding the immigration
status for individuals of interest to those
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organizations. US–VISIT tracks these
requests and the responses in TRACS.
Information in TRACS comes
primarily from ADIS and IDENT.
TRACS may also contain information
from other DHS component programs or
systems, or publicly available source
systems that are manually queried while
researching a particular case. Data
researched or identified through
publicly available source systems, such
as the internet, will be identified and
referenced in the individual’s record in
TRACS. If it becomes routine for a
specific public source system(s) to be
used on a regular basis, the PIA will be
updated to reflect this system(s) as a
common source of information and data.
For research conducted, based on an
external request, information may also
be provided from the requesting entity,
as described below for the DHS/United
Kingdom Border Agency’s (UKBA)
International Group Visa Services
program.
The data contained in TRACS is
primarily from the US–VISIT systems
Arrival and Departure Information
System (ADIS) (72 FR 47057, Arrival
and Departure Information System
(ADIS), System of Records Notice,
August 22, 2007); the Automated
Biometric Identification System (IDENT)
(72 FR 31080, Automated Biometric
Identification System (IDENT), System
of Records Notice, June 5, 2007); and a
Customs and Border Protection (CBP)
system called the Treasury Enforcement
Communications System (TECS) (66 FR
53029, Treasury Enforcement
Communications System (TECS),
System of Records Notice, October 18,
2001). TRACS also receives data from a
Department of State (DOS) system called
the Consolidated Consular Database
(CCD); the Student and Exchange Visitor
Information System (SEVIS) (70 FR
14477, Student and Exchange Visitor
Information System (SEVIS), System of
Records Notice, March 22, 2005); the
Central Index System (CIS) (72 FR 1755,
Central Index System (CIS), System of
Records Notice, January 16, 2007); the
Computer-linked Application
Information Management System
(CLAIMS 3 and 4) (64 FR 18052,
Computer Linked Application
Information Management System
(CLAIMS 3 and 4), System of Records
Notice, April 13, 1999); the Refugees,
Asylum & Parole System (RAPS); the
Deportable Alien Control System
(DACS) (67 FR 64136, Deportable Alien
Control System (DACS), System of
Records Notice, October 17, 2002); and
the Enforcement Case Tracking System
(ENFORCE). TRACS also contains data
from Web searches for addresses and
phone numbers.
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II. Privacy Act
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
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 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
for 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
United States citizens and legal
permanent residents (LPRs). As a matter
of policy, DHS extends administrative
Privacy Act protections to all
individuals, including aliens who are
not LPRs, on whom a system of records
maintains information. 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
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses to which
their records are put, and to assist
individuals to more easily find such
files within the agency.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this new
system of records to the Office of
Management and Budget and to
Congress.
Categories of individuals covered by
this notice consist primarily of persons
who are not United States citizens or
legal permanent residents (LPRs).
However, it will contain data on: (1)
U.S. citizens or LPRs who have a
connection to the DHS mission (e.g.,
individuals who have submitted a visa
application to the UK (based on the
January 11, 2008 signed Memorandum
of Understanding between the
Department of Homeland Security of the
United States of America and the
[UKBA International Group Visa
Services program formerly known as]
UKVISAS as the Authority Appointed
by the Secretary of State for the Home
Department and the Secretary of State
for Foreign and Commonwealth Affairs
of the United Kingdom of Great Britain
and Northern Ireland, regarding
Information Vetting and Sharing), or
have made requests for a license or
credential as part of a background check
or security screening in connection with
their hiring or retention, performance of
a job function or the issuance a license
or credential for employment at DHS);
(2) U.S. citizens and LPRs who have an
incidental connection to the DHS
mission (e.g., individuals living at the
same address as individuals who have
remained in this country beyond their
authorized stays); and (3) individuals
who have, over time, changed their
status and became U.S. citizens or LPRs.
System of Records
DHS/NPPD/USVISIT–003
SYSTEM NAME:
The United States Visitor and
Immigrant Status Indicator Technology
(US–VISIT) Program; Technical
Reconciliation Analysis Classification
System (TRACS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the United
States Visitor and Immigrant Status
Indicator Technology (US–VISIT)
Program Office Headquarters in
Washington, DC and field offices.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include: (1) Biometric data (to include,
but not limited to, photographs and
fingerprints); (2) biographic data held in
Government system (to include, but not
limited to, names, aliases, date of birth,
nationality or other personal descriptive
data such as address and phone
number); (3) biometric indicator data (to
include, but not limited to, fingerprint
identification numbers); (4) encounter
data (i.e. information that provides the
context of the interaction with an
individual, such as encounters
concerning border entry screening,
immigration enforcement, and
submission of visa applications); and (5)
commercial or publicly available data
such as name, address, and phone
number as found in open source
searches of internet phone directories.
The records described in (1)–(5) above
may also include related contextual and
information management data and
metadata, such as: encounter location,
time of encounter, document types,
document numbers, document issuance
information, conveyance information,
and address while in the U.S.
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Information management data is used to
manage ongoing analyses or
investigations and may include, but is
not limited to, case resolution, status,
comments and notes from interviewers
or by the analysts assigned to the
case(s).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
6 U.S.C. 202, 8 U.S.C. 1103, 1158,
1187, 1201, 1225, 1324, 1357, 1360,
1365a, 1365b, 1379, and 1732.
Specifically, the data is collected and
maintained in TRACS under the
authority provided by: The Immigration
and Naturalization Service Data
Management Improvement Act of 2000
(DMIA), Public Law 106–215; The Visa
Waiver Permanent Program Act of 2000
(VWPPA), Public Law 106–396; The
Uniting and Strengthening America by
Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act
(U.S.A. PATRIOT Act), Public Law 107–
56; The Enhanced Border Security and
Visa Entry Reform Act (Border Security
Act), Public Law 107–173; The
Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA), Public
Law 108–458; The Implementing
Recommendations of the 9/11
Commission Act of 2007, Public Law
110–53; and The Immigration and
Nationality Act (INA), Title 8, United
States Code, as delegated by the
Secretary, Department of Homeland
Security.
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PURPOSE(S):
The purpose of this system is to serve
as an information management tool used
to enhance the integrity of the United
States’ immigration system by detecting,
deterring, and pursuing immigration
fraud, and identifying persons who pose
a threat to national security and/or
public safety, and to assist in supporting
credentialing activities. TRACS is used
to: identify individuals who have
remained in the United States beyond
their authorized period of admission
(overstays); maintain information on
why individuals are promoted to, or
demoted from, the IDENT list of subjects
of interest; assist in determining
eligibility in connection with: Hiring or
retention, issuance of a license or
credential as part of a background check
or security screening in connection with
their hiring or retention, or performance
of a job function or the issuance a
license or credential for employment at
DHS; and to analyze information
regarding immigration status, including
applications to enter and exit the United
States, as well as the actual physical
entries into and exits from the United
States, in support of law enforcement
and intelligence agencies. In addition,
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TRACS will be used to analyze data
quality, integrity, and utility; and
analyze data to establish trends and
patterns in the data for future
enforcement actions.
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 United States Department of
Justice (including United States
Attorney offices) or other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, or to the court 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 in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
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 collected the records.
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 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 suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, harm to the
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security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity), or harm to the individual that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’ 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,
when necessary to accomplish an
agency function related to this system of
records. The individuals who provide
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.
G. To an appropriate Federal, State,
tribal, local, foreign, multinational, or
international law enforcement agency or
other appropriate authority charged
with investigating or prosecuting a
violation or enforcing or implementing
a law, rule, regulation, or order, where
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 appropriate Federal, State,
local, tribal, foreign, multinational, or
international governmental agencies
seeking information on the subjects of
wants, warrants, or lookouts, or any
other subject of interest, for purpose
related to administering or enforcing the
law, national security, immigration, or
preparedness and critical infrastructure
protection, where consistent with a DHS
mission-related function as determined
by DHS.
I. To appropriate Federal, State, local,
tribal, foreign, multinational, or
international government agencies
charged with national security, law
enforcement, immigration, intelligence,
preparedness and critical infrastructure
protection, or other DHS mission-related
functions in connection with the hiring
or retention by such an agency of an
employee, the issuance of a security
clearance, the reporting of an
investigation of such an employee, the
letting of a contract, or the issuance of
a license, grant, loan, or other benefit by
the requesting agency.
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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’
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. Information may also be
stored in secured case file folders,
cabinets, safes, or a variety of secured
electronic or computer databases and
storage media to include data and
materials introduced through legacy
systems (e.g. spreadsheets).
RETRIEVABILITY:
Records may be retrieved by a variety
of data elements including, but not
limited to, name, place and date of
arrival or departure, document number,
and other personal identifiers.
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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
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.
The system maintains a real-time
auditing function of individuals who
access the system. Additional
safeguards may vary by component and
program. The system is protected
through multi-layer security
mechanisms. The protective strategies
are physical, technical, administrative,
and environmental in nature, and
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provide access control to sensitive data,
physical access control to DHS facilities,
confidentiality of communications, user
authentication, 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 following proposal for retention
and disposal is pending approval with
National Archives and Records
Administration (NARA): Data will be
disposed of when the information
regarding the potential subject of
interest has either been adjudicated or
when the 75 year retention schedule has
been met. Seventy five years is the
retention period of IDENT and ADIS,
the primary source systems of TRACS.
Because TRACS is frequently used to
establish and track decisions that affect
the list of subjects of interest and
overstay status in IDENT and ADIS, it is
necessary that a retention period
correspond to these systems.
SYSTEM MANAGER AND ADDRESS:
TRACS System Manager, US–VISIT
Program, U.S. Department of Homeland
Security, Washington, DC 20528.
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 the component’s
FOIA Officer, whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘contacts’’. 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, Department of
Homeland Security, 245 Murray Drive,
SW., Building 410, STOP–0550,
Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental 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 or
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose form
the Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
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Frm 00062
Fmt 4703
Sfmt 4703
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Identify which component(s) of the
Department you believe may have the
information about you,
• Specify when you believe the
records would have been created,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,
• 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
component(s) 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.
RECORD ACCESS PROCEDURES:
A portion of this system is exempted
from this requirement pursuant to 5
U.S.C. 552a (j)(2), (k1), (k)(2), and (k)(5).
An individual who is the subject of a
record in this system may access those
records that are not exempt from
disclosure. A determination whether a
record may be accessed will be made at
the time a request is received. DHS will
review and comply appropriately with
information requests on a case by case
basis. An individual desiring copies of
records maintained in this system
should direct his or her request to the
FOIA Officer: See: ‘‘Notification
procedure’’ above.
CONTESTING RECORD PROCEDURES:
A portion of this system is exempted
from this requirement pursuant to 5
U.S.C. 552a (j)(2), (k)(1), (k)(2), and
(k)(5). An individual who is the subject
of a record in this system may access
those records that are not exempt from
disclosure. A determination whether a
record may be accessed will be made at
the time a request is received. DHS will
review and comply appropriately with
information requests on a case by case
basis. Requests for access or correction
of records in this system may be made
through the Traveler Redress Inquiry
Program (TRIP) at https://www.dhs.gov/
trip or via mail, facsimile or e-mail in
accordance with instructions available
at https://www.dhs.gov/trip. See:
‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Basic information contained in this
system is supplied by individuals
covered by this system, and other
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Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices
Federal, State, local, tribal, or foreign
government systems; private citizens;
and public sources.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security
has exempted this system 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(j)(2). In addition, the
Secretary of Homeland Security has
exempted this system from 5 U.S.C.
552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f) pursuant to 5 U.S.C.
552a(k)(1), (k)(2), and (k)(5). These
exemptions apply only to the extent that
records in the system are subject to
exemption pursuant to 5 U.S.C. 552a
(j)(2), (k)(1), (k)(2), and (k)(5).
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–13383 Filed 6–13–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5188–N–08]
Notice of Proposed Information
Collection: Comment Request,
Environmental Reviews
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: The proposed information
collection requirement described below
will be submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. The Department is
soliciting public comments on the
subject proposal.
DATES: Comments Due Date: August 15,
2008
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Pamela Williams, Reports Liaison
Officer, Department of Housing Urban
and Development, 451 7th Street, SW.,
Room 7234, Washington, DC 20410.
FOR FURTHER INFORMATION CONTACT:
Richard H. Broun, Director, Office of
Environment and Energy, Department of
Housing and Urban Development, Room
7244, 451 7th Street, SW., Washington,
DC 20410–7000.
For telephone and e-mail
communication, contact Walter Prybyla,
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17:04 Jun 13, 2008
Jkt 214001
Environmental Review Division, (202)
402–4466 or e-mail:
Walter_Prybyla@hud.gov . This phone
number is not toll-free. Hearing or
speech-impaired individuals may access
this number via TTY by calling the tollfree Federal Information Relay Service
at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: The
Department will submit the proposed
information collection to OMB for
review, as required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35, as Amended).
This Notice is soliciting comments
from members of the public and affected
agencies concerning the proposed
collection of information to: (1) Evaluate
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the agency’s
estimate of the burden of the proposed
collection of information (3) Enhance
the quality, utility, and clarity of the
information to be collected; and (4)
Minimize the burden of the collection of
information on those who are to
respond; including through the use of
appropriate automated collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
This Notice also lists the following
information:
Title of Proposal: Environmental
Review of Proposed Housing
Development.
OMB Control Number, if applicable:
2506–0177.
Description of the need for the
information and proposed use: The
information collection applies to
applicants seeking HUD financial
assistance for their project proposals
and is used by HUD for the performance
of the Department’s compliance with
the National Environmental Policy Act
and related federal environmental laws
and authorities in accordance with HUD
environmental regulations, 24 CFR Part
50: ‘‘Protection and Enhancement of
Environmental Quality.’’
Agency form numbers, if applicable:
None.
The total numbers of hours needed to
prepare the information collection is
approximately eight hours. The number
of respondents is approximately 2,600.
The frequency of response is a one-time
collection. The proposed information
collection is for the extension of a
currently approved collection.
Authority: The Paperwork Reduction Act
of 1995, 44 U.S.C. Chapter 35, as amended.
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Fmt 4703
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34033
Dated: June 6, 2008.
´
Nelson R. Bregon,
General Deputy Assistant Secretary for
Community Planning and Development.
[FR Doc. E8–13396 Filed 6–13–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5187–N–39]
Household Outcomes Survey for
FEMA’s Alternative Housing Pilot
Program
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
SUMMARY: The proposed information
collection requirement described below
has been submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. The Department is
soliciting public comments on the
subject proposal.
The proposed information collection
will collect household outcome data
from families who have received
housing under FEMA’s Alternative
Housing Pilot Program (AHPP). HUD is
conducting an evaluation of AHPP. Four
States affected by Hurricanes Katrina
and Rita received AHPP grants to test
out alternative approaches to providing
temporary housing after a disaster. HUD
is charged with measuring what benefits
and costs are associated with each of the
alternatives being implemented by the
States. Measuring the program impact
on health, satisfaction, and general wellbeing of the occupants is a key part of
the evaluation. This household
outcomes survey will collect
information that will be used to evaluate
the impact of various housing
alternatives on the quality of life of
households who participate in the
program.
DATES: Comments Due Date: July 16,
2008.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
approval Number (2528–NEW) and
should be sent to: HUD Desk Officer,
Office of Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–6974.
FOR FURTHER INFORMATION CONTACT:
Lillian Deitzer, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410; email Lillian Deitzer at
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Agencies
[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 34028-34033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13383]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2007-0077]
Privacy Act of 1974; the United States Visitor and Immigrant
Status Indicator Technology (US-VISIT), Technical Reconciliation
Analysis Classification System (TRACS) System of Records
AGENCY: Privacy Office; Department of Homeland Security.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, the Department of
Homeland Security, National Protection and Programs Directorate, United
States Visitor and Immigrant Status Indicator Technology program is
giving notice that it proposes to add a new system of records, entitled
the Technical Reconciliation Analysis Classification System. The
Technical Reconciliation Analysis Classification System is an
information management tool used to enhance the integrity of the United
States immigration system by detecting, deterring, and pursuing
immigration fraud, and identifying persons who pose a threat to
national security and/or public safety.
DATES: The established system of records will be effective July 16,
2008. Written comments must be submitted on or before July 16, 2008.
ADDRESSES: You may submit comments, identified by DHS-2007-0077, by one
of the following methods:
Federal e-Rulemaking Portal: https://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 https://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
TRACS System Manager, US-VISIT Program, U.S. Department of Homeland
Security, Washington, DC 20528 (202) 298-5200 or by facsimile (202)
298-5201. For privacy issues please contact:
[[Page 34029]]
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS), National Protection and Programs
Directorate (NPPD), United States--Visitor and Immigrant Status
Indicator Technology (US-VISIT) program is establishing a Privacy Act
system of records known as Technical Reconciliation Analysis
Classification System (TRACS). This system of records is an information
management tool used for management and analysis of US-VISIT records.
TRACS will help enhance the integrity of the United States immigration
system by detecting, deterring, and pursuing immigration fraud, and by
identifying persons who pose a threat to national security and/or
public safety. TRACS will consist of paper files and electronic
databases.
The Secretary of the Department of Homeland Security has delegated
to NPPD and US-VISIT the responsibility for enhancing the security of
U.S. citizens and visitors; facilitating safe, efficient, and
legitimate travel to the U.S.; promoting border security and the
integrity of the immigration system; safeguarding the privacy of
visitors to the U.S.
NPPD and US-VISIT have also been delegated authority for assisting
in the prevention of immigration identity fraud or theft; and serving
law enforcement, border officials, and others who make decisions on
immigration matters, including decisions on immigration benefits and
status, by identifying aliens seeking permission to enter, entering,
visiting, residing in, changing status within, or exiting the U.S.
Finally, NPPD and US-VISIT have been delegated the responsibility
for providing technical assistance and analytic services to other DHS
functions and components and to other Federal agencies, as well as to
State, local, tribal, and foreign governments, including multinational
and international organizations, to better protect the Nation's
physical and virtual borders.
To discharge the above responsibilities, TRACS will be used to: (1)
Identify individuals who have remained in the United States beyond
their authorized period of admission (overstays); (2) maintain
information on why individuals are promoted to or demoted from the
Automated Biometric Identification System (IDENT) list of subjects of
interest; (3) provide the means for additional research in regards to
individuals whose biometrics are collected by DHS, and subsequently
matched to the list of subjects of interest during a routine IDENT
query. A query of this nature would take place following a background
check or security screening relating to the individual's hiring or
retention, performance of a job function, or the issuance of a license
or credential, allowing them access to secured facilities to perform
mission and non-mission related work. Examples of this include
credentialing of Federal, non-Federal, and contractor employees who
work within the secured areas of our nation's airports; (4) to further
analyze information about individuals who may be identified as a
subject of interest following a routine query against IDENT while
applying for visas or other benefits on behalf of domestic partners,
such as the U.S. Department of State or foreign partners, as is the
case with the United Kingdom Border Agency's (UKBA) International Group
Visa Services program, which supports the DHS mission; and (5) to
provide information in response to queries from law enforcement and
intelligence agencies charged with national security, law enforcement,
immigration, or other DHS mission-related functions.
Specifically, TRACS will be used for the analysis of overstays, for
changes to the IDENT subject of interest lists, law enforcement and
intelligence research, and to assist in developing and fostering
foreign partnerships that enhance the goals and mission of US-VISIT,
such as the work being done in association with the UKBA's
International Group Visa Services project.
To identify possible overstays, US-VISIT reviews and analyzes
information in the Arrival and Departure Information System (ADIS), a
US-VISIT system used for the storage and use of biographic, biometric
indicator, and encounter data on aliens who have applied for entry,
entered, or departed the United States. ADIS consolidates information
from various systems in order to provide a repository of data held by
DHS for pre-entry, entry, status management, and exit tracking of
immigrants and non-immigrants. Its primary use is to facilitate the
investigation of subjects of interest who may have violated their
immigration status by remaining in the United States beyond their
authorized stay. To assist in the resolution of overstays, information
related to them may be copied to TRACS for review and further analysis
against other US-VISIT programs and systems to better determine their
status.
Regarding changes to the IDENT Subject of Interest List, in order
to maintain the integrity of the immigration and customs programs, DHS
maintains records within IDENT to identify individuals who may present
a terrorist threat to the United States as well as those individuals
who may not be allowed to enter the country because of past violations
of immigration or customs law. An individual is either promoted to or
demoted from the list of subjects of interest within IDENT. As IDENT is
not a case management system, it merely records the change, not the
justification for the change. TRACS will have the ability to serve as a
case management system and not only use the information regarding the
changes to the list of subjects of interest that is recorded in IDENT
but also to record and store the actual justification for any change.
The user will also have the ability to enter data in pre-determined
selectable categories or manually by either free text or by cutting and
pasting information retrieved from other systems and placing it into a
workspace in TRACS so that analysis can be performed.
For assistance in background checks and security clearance
processes for employment at DHS or receipt of a DHS license or
credential, applicants may have their information searched against ADIS
or IDENT records. Clearance, employment eligibility, or other license
or credential applications that have a match against ADIS or IDENT may
require additional research regarding the applicant. Such information
would be maintained and tracked in TRACS.
Regarding analyzing information on behalf of domestic or foreign
partners, US-VISIT will assist its partners in analyzing information
held by US-VISIT where such analysis supports the DHS mission. For
example, for the UKBA visa services project, US-VISIT will receive
biometric information from the UK for UK visa applicants and query
their biometric information against the IDENT list of subjects of
interest. US-VISIT will then provide the results from the query back to
the UK for purposes of visa adjudication.
Regarding law enforcement and intelligence research, US-VISIT may
also receive requests from other law enforcement agencies, such as
Immigration and Customs Enforcement (ICE), Customs and Border
Protection (CBP), and the Federal Bureau of Investigation (FBI), as
well as from other intelligence agencies, to provide further
information regarding the immigration status for individuals of
interest to those
[[Page 34030]]
organizations. US-VISIT tracks these requests and the responses in
TRACS.
Information in TRACS comes primarily from ADIS and IDENT. TRACS may
also contain information from other DHS component programs or systems,
or publicly available source systems that are manually queried while
researching a particular case. Data researched or identified through
publicly available source systems, such as the internet, will be
identified and referenced in the individual's record in TRACS. If it
becomes routine for a specific public source system(s) to be used on a
regular basis, the PIA will be updated to reflect this system(s) as a
common source of information and data. For research conducted, based on
an external request, information may also be provided from the
requesting entity, as described below for the DHS/United Kingdom Border
Agency's (UKBA) International Group Visa Services program.
The data contained in TRACS is primarily from the US-VISIT systems
Arrival and Departure Information System (ADIS) (72 FR 47057, Arrival
and Departure Information System (ADIS), System of Records Notice,
August 22, 2007); the Automated Biometric Identification System (IDENT)
(72 FR 31080, Automated Biometric Identification System (IDENT), System
of Records Notice, June 5, 2007); and a Customs and Border Protection
(CBP) system called the Treasury Enforcement Communications System
(TECS) (66 FR 53029, Treasury Enforcement Communications System (TECS),
System of Records Notice, October 18, 2001). TRACS also receives data
from a Department of State (DOS) system called the Consolidated
Consular Database (CCD); the Student and Exchange Visitor Information
System (SEVIS) (70 FR 14477, Student and Exchange Visitor Information
System (SEVIS), System of Records Notice, March 22, 2005); the Central
Index System (CIS) (72 FR 1755, Central Index System (CIS), System of
Records Notice, January 16, 2007); the Computer-linked Application
Information Management System (CLAIMS 3 and 4) (64 FR 18052, Computer
Linked Application Information Management System (CLAIMS 3 and 4),
System of Records Notice, April 13, 1999); the Refugees, Asylum &
Parole System (RAPS); the Deportable Alien Control System (DACS) (67 FR
64136, Deportable Alien Control System (DACS), System of Records
Notice, October 17, 2002); and the Enforcement Case Tracking System
(ENFORCE). TRACS also contains data from Web searches for addresses and
phone numbers.
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 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 for 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 United States citizens and legal
permanent residents (LPRs). As a matter of policy, DHS extends
administrative Privacy Act protections to all individuals, including
aliens who are not LPRs, on whom a system of records maintains
information. 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 in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
which their records are put, and to assist individuals to more easily
find such files within the agency.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget and
to Congress.
System of Records
DHS/NPPD/USVISIT-003
System name:
The United States Visitor and Immigrant Status Indicator Technology
(US-VISIT) Program; Technical Reconciliation Analysis Classification
System (TRACS).
Security classification:
Unclassified.
System location:
Records are maintained at the United States Visitor and Immigrant
Status Indicator Technology (US-VISIT) Program Office Headquarters in
Washington, DC and field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this notice consist primarily
of persons who are not United States citizens or legal permanent
residents (LPRs). However, it will contain data on: (1) U.S. citizens
or LPRs who have a connection to the DHS mission (e.g., individuals who
have submitted a visa application to the UK (based on the January 11,
2008 signed Memorandum of Understanding between the Department of
Homeland Security of the United States of America and the [UKBA
International Group Visa Services program formerly known as] UKVISAS as
the Authority Appointed by the Secretary of State for the Home
Department and the Secretary of State for Foreign and Commonwealth
Affairs of the United Kingdom of Great Britain and Northern Ireland,
regarding Information Vetting and Sharing), or have made requests for a
license or credential as part of a background check or security
screening in connection with their hiring or retention, performance of
a job function or the issuance a license or credential for employment
at DHS); (2) U.S. citizens and LPRs who have an incidental connection
to the DHS mission (e.g., individuals living at the same address as
individuals who have remained in this country beyond their authorized
stays); and (3) individuals who have, over time, changed their status
and became U.S. citizens or LPRs.
Categories of records in the system:
Categories of records in this system include: (1) Biometric data
(to include, but not limited to, photographs and fingerprints); (2)
biographic data held in Government system (to include, but not limited
to, names, aliases, date of birth, nationality or other personal
descriptive data such as address and phone number); (3) biometric
indicator data (to include, but not limited to, fingerprint
identification numbers); (4) encounter data (i.e. information that
provides the context of the interaction with an individual, such as
encounters concerning border entry screening, immigration enforcement,
and submission of visa applications); and (5) commercial or publicly
available data such as name, address, and phone number as found in open
source searches of internet phone directories. The records described in
(1)-(5) above may also include related contextual and information
management data and metadata, such as: encounter location, time of
encounter, document types, document numbers, document issuance
information, conveyance information, and address while in the U.S.
[[Page 34031]]
Information management data is used to manage ongoing analyses or
investigations and may include, but is not limited to, case resolution,
status, comments and notes from interviewers or by the analysts
assigned to the case(s).
Authority for maintenance of the system:
6 U.S.C. 202, 8 U.S.C. 1103, 1158, 1187, 1201, 1225, 1324, 1357,
1360, 1365a, 1365b, 1379, and 1732. Specifically, the data is collected
and maintained in TRACS under the authority provided by: The
Immigration and Naturalization Service Data Management Improvement Act
of 2000 (DMIA), Public Law 106-215; The Visa Waiver Permanent Program
Act of 2000 (VWPPA), Public Law 106-396; The Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act (U.S.A. PATRIOT Act), Public Law 107-56; The
Enhanced Border Security and Visa Entry Reform Act (Border Security
Act), Public Law 107-173; The Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA), Public Law 108-458; The Implementing
Recommendations of the 9/11 Commission Act of 2007, Public Law 110-53;
and The Immigration and Nationality Act (INA), Title 8, United States
Code, as delegated by the Secretary, Department of Homeland Security.
Purpose(s):
The purpose of this system is to serve as an information management
tool used to enhance the integrity of the United States' immigration
system by detecting, deterring, and pursuing immigration fraud, and
identifying persons who pose a threat to national security and/or
public safety, and to assist in supporting credentialing activities.
TRACS is used to: identify individuals who have remained in the United
States beyond their authorized period of admission (overstays);
maintain information on why individuals are promoted to, or demoted
from, the IDENT list of subjects of interest; assist in determining
eligibility in connection with: Hiring or retention, issuance of a
license or credential as part of a background check or security
screening in connection with their hiring or retention, or performance
of a job function or the issuance a license or credential for
employment at DHS; and to analyze information regarding immigration
status, including applications to enter and exit the United States, as
well as the actual physical entries into and exits from the United
States, in support of law enforcement and intelligence agencies. In
addition, TRACS will be used to analyze data quality, integrity, and
utility; and analyze data to establish trends and patterns in the data
for future enforcement actions.
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 United States Department of Justice (including United
States Attorney offices) or other federal agency conducting litigation
or in proceedings before any court, adjudicative or administrative
body, or to the court 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 in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS 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
collected the records.
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 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 suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, harm to the security or integrity
of this system or other systems or programs (whether maintained by DHS
or another agency or entity), or harm to the individual that rely upon
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS' 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, when necessary to
accomplish an agency function related to this system of records. The
individuals who provide 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.
G. To an appropriate Federal, State, tribal, local, foreign,
multinational, or international law enforcement agency or other
appropriate authority charged with investigating or prosecuting a
violation or enforcing or implementing a law, rule, regulation, or
order, where 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 appropriate Federal, State, local, tribal, foreign,
multinational, or international governmental agencies seeking
information on the subjects of wants, warrants, or lookouts, or any
other subject of interest, for purpose related to administering or
enforcing the law, national security, immigration, or preparedness and
critical infrastructure protection, where consistent with a DHS
mission-related function as determined by DHS.
I. To appropriate Federal, State, local, tribal, foreign,
multinational, or international government agencies charged with
national security, law enforcement, immigration, intelligence,
preparedness and critical infrastructure protection, or other DHS
mission-related functions in connection with the hiring or retention by
such an agency of an employee, the issuance of a security clearance,
the reporting of an investigation of such an employee, the letting of a
contract, or the issuance of a license, grant, loan, or other benefit
by the requesting agency.
[[Page 34032]]
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' 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.
Information may also be stored in secured case file folders, cabinets,
safes, or a variety of secured electronic or computer databases and
storage media to include data and materials introduced through legacy
systems (e.g. spreadsheets).
Retrievability:
Records may be retrieved by a variety of data elements including,
but not limited to, name, place and date of arrival or departure,
document number, and other personal identifiers.
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 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. The system maintains a real-time
auditing function of individuals who access the system. Additional
safeguards may vary by component and program. The system is protected
through multi-layer security mechanisms. 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, user authentication,
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 following proposal for retention and disposal is pending
approval with National Archives and Records Administration (NARA): Data
will be disposed of when the information regarding the potential
subject of interest has either been adjudicated or when the 75 year
retention schedule has been met. Seventy five years is the retention
period of IDENT and ADIS, the primary source systems of TRACS. Because
TRACS is frequently used to establish and track decisions that affect
the list of subjects of interest and overstay status in IDENT and ADIS,
it is necessary that a retention period correspond to these systems.
System Manager and address:
TRACS System Manager, US-VISIT Program, U.S. Department of Homeland
Security, Washington, DC 20528.
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 the component's FOIA Officer, whose
contact information can be found at https://www.dhs.gov/foia under
``contacts''. 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, Department of Homeland
Security, 245 Murray Drive, SW., Building 410, STOP-0550, Washington,
DC 20528.
When seeking records about yourself from this system of records or
any other Departmental 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
or perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose form the Director,
Disclosure and FOIA, https://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,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
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 component(s) 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.
Record access procedures:
A portion of this system is exempted from this requirement pursuant
to 5 U.S.C. 552a (j)(2), (k1), (k)(2), and (k)(5). An individual who is
the subject of a record in this system may access those records that
are not exempt from disclosure. A determination whether a record may be
accessed will be made at the time a request is received. DHS will
review and comply appropriately with information requests on a case by
case basis. An individual desiring copies of records maintained in this
system should direct his or her request to the FOIA Officer: See:
``Notification procedure'' above.
Contesting record procedures:
A portion of this system is exempted from this requirement pursuant
to 5 U.S.C. 552a (j)(2), (k)(1), (k)(2), and (k)(5). An individual who
is the subject of a record in this system may access those records that
are not exempt from disclosure. A determination whether a record may be
accessed will be made at the time a request is received. DHS will
review and comply appropriately with information requests on a case by
case basis. Requests for access or correction of records in this system
may be made through the Traveler Redress Inquiry Program (TRIP) at
https://www.dhs.gov/trip or via mail, facsimile or e-mail in accordance
with instructions available at https://www.dhs.gov/trip. See:
``Notification procedure'' above.
Record source categories:
Basic information contained in this system is supplied by
individuals covered by this system, and other
[[Page 34033]]
Federal, State, local, tribal, or foreign government systems; private
citizens; and public sources.
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted this system 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(j)(2). In addition, the Secretary of Homeland Security has
exempted this system from 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I), and (f) pursuant to 5 U.S.C. 552a(k)(1), (k)(2),
and (k)(5). These exemptions apply only to the extent that records in
the system are subject to exemption pursuant to 5 U.S.C. 552a (j)(2),
(k)(1), (k)(2), and (k)(5).
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-13383 Filed 6-13-08; 8:45 am]
BILLING CODE 4410-10-P