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]

Download as PDF 34028 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices 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. rwilkins on PROD1PC63 with NOTICES 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. VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 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] BILLING CODE 4410–10–P PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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: E:\FR\FM\16JNN1.SGM 16JNN1 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices rwilkins on PROD1PC63 with NOTICES 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 VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 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 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 34029 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 E:\FR\FM\16JNN1.SGM 16JNN1 rwilkins on PROD1PC63 with NOTICES 34030 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices 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. VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 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. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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. E:\FR\FM\16JNN1.SGM 16JNN1 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices 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. rwilkins on PROD1PC63 with NOTICES 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, VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 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 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 34031 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. E:\FR\FM\16JNN1.SGM 16JNN1 34032 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices 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. rwilkins on PROD1PC63 with NOTICES 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 VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 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. PO 00000 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 E:\FR\FM\16JNN1.SGM 16JNN1 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, VerDate Aug<31>2005 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. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 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 E:\FR\FM\16JNN1.SGM 16JNN1

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]


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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

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
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