Privacy Act of 1974; U.S. Customs and Border Protection-015 Automated Commercial System, System of Records, 77759-77764 [E8-29801]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77759-77764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29801]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0150]


Privacy Act of 1974; U.S. Customs and Border Protection--015 
Automated Commercial System, System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the 
Department of Homeland Security's ongoing effort to review and update 
legacy system of record notices, the Department of Homeland Security 
proposes to update and reissue the following legacy record system, 
Treasury/CS.278 Automated

[[Page 77760]]

Commercial System (October 18, 2001) as a Department of Homeland 
Security system of records notice titled, U.S. Customs and Border 
Protection Automated Commercial System. The Customs and Border 
Protection Automated Commercial System is a comprehensive system used 
by Department of Homeland Security, U.S. Customs and Border Protection 
to track, control, and process all commercial goods imported into the 
United States. This legacy system will now also collect additional data 
via its Automated Broker Interface and Vessel Automated Manifest 
System. Categories of individuals, categories of records, and the 
routine uses of this legacy system of records notice have been reviewed 
and updated to better reflect the U.S. Customs and Border Protection--
015 Automated Commercial System record system. This reissued system 
will be included in the Department of Homeland Security's inventory of 
record systems.

DATES: The established system of records will be effective January 20, 
2009. Written comments must be submitted on or before January 20, 2009.

ADDRESSES: You may submit comments, identified by DHS-2008-0150 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: 
Laurence E. Castelli (202-325-0280), Chief, Privacy Act Policy and 
Procedures Branch, U.S. Customs and Border Protection, Office of 
International Trade, Regulations & Rulings, Mint Annex, 799 Ninth 
Street, NW., Washington, DC 20001-4501. For privacy issues please 
contact: Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy 
Office, U.S. Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The priority mission of U.S. Customs and Border Protection (CBP) is 
to prevent terrorists and terrorist weapons from entering the country 
while facilitating legitimate travel and trade. The Automated 
Commercial System (ACS) is the comprehensive system used by U.S. 
Customs and Border Protection to track, control, and process all 
commercial goods imported into the United States. ACS is a 
sophisticated and integrated large-scale business-oriented system which 
employs multiple modules to perform discrete aspects of its 
functionality, including receiving data transmissions from a variety of 
parties involved in international commercial transactions and providing 
CBP with the capability to track both the transport transactions and 
the financial transactions associated with the movement of merchandise 
through international commerce. Through the use of Electronic Data 
Interchange (EDI), ACS facilitates merchandise processing, 
significantly cuts costs, and reduces paperwork requirements for both 
Customs and the importing community.
    ACS also provides the following:

A. Cargo Selectivity

    CBP uses the ACS Cargo Selectivity System to sort high risk cargo 
from low risk cargo and to determine the type of examination required. 
Cargo selectivity accepts data transmitted through ABI and compares it 
against established criteria. CBP uses the Cargo Selectivity System, a 
module of ACS, to process manifests and National In-bond entries in 
order to identify the CBP inspection and examination status of specific 
bills of lading for imported merchandise. Cargo Selectivity facilitates 
more efficient and effective cargo processing by ensuring cargo that 
requires additional screening receives it and that which is lower risk 
does not.

B. Entry Summary Selectivity

    The Entry Summary Selectivity system of ACS screens the review of 
entry summary data. Using line item data transmitted through ABI, the 
system matches national and local selectivity criteria against entry 
summary data to assess risk by importer, tariff number, country of 
origin, manufacturer, and value. The system captures paperless summary 
activity, discrepant summary findings, and line item team assignment 
data.

C. Border Cargo

    The Border Cargo Selectivity system of ACS determines risk 
assessment and examination requirements for high volume borders (i.e., 
ports of entry). The system uses the same screening process as the 
Cargo Selectivity system. The Border Cargo Selectivity system will soon 
be enhanced to allow ABI filers to transmit manifest information.

D. Quota

    The ACS Quota system tracks quantity controls on imported 
merchandise. It also tracks visas from other countries. (Visas 
determine the amount of exports allowed for certain countries.) The 
Quota system checks the quantities against the visas and transmits this 
information to the country of origin. The ACS quota and visa controls 
simplify reconciliation of imports and exports.

E. Paperless Entry

    Paperless entry processing eliminates the need for ABI participants 
to file a Customs Form 3461, Entry/Immediate Delivery, if certain 
criteria are met and the merchandise does not require examination. 
Carriers who participate in AMS will receive electronic notifications 
when merchandise is available for release.

F. Automated Invoice Interface (AII)

    AII allows filers to send electronic invoice information to 
Customs. This information is transmitted to Customs using either ABI 
record formats or the EDIFACT CUSDEC (Customs declaration). When 
EDIFACT is used, the filer also transmits data that is normally on the 
CF-3461 for cargo release, as well as the entry summary CF-7501, 
invoice data, and other government agency data.

G. Drawback

    Filers can submit a drawback claim to Customs on a diskette or 
through ABI. This ensures that the data is quickly and accurately 
recorded in ACS and results in faster claim processing and issuance of 
the drawback payment. Immediate acceptance or rejection of data is 
available.

H. Protest

    The ABI electronic protest system allows ABI participants to file, 
amend, and query the following types of actions:
     Protests against decisions of the Customs Service under 19 
U.S. C. 1514.
     Petitions for refunds of Customs duties or corrections of 
errors requiring reliquidation pursuant to 19 U.S.C. 1520(c) and (d).
     Interventions in an importer's protest by an exporter or 
producer of merchandise from a country that is a party to the North 
American Free Trade

[[Page 77761]]

Agreement under Section 181.115 of the Customs Regulations.
    Once filed, protests can be amended and additional arguments 
submitted to:
     Apply for further review (when not requested at time of 
filing).
     Assert additional claims or challenge an additional 
decision.
     Submit alternative claims and additional grounds or 
arguments.
     Request review of denial of further review.
     Request denial of the protest be voided.
    The protest, petition, or intervention can be transmitted remotely 
from any location. Customs views and processes the protest on-line. An 
automatic notification routine keeps the filer informed of any change 
in status, including final disposition.

I. Remote Location Filing

    Remote Location Filing (RLF) is a pilot program which allows an 
approved participant to electronically file a formal or informal entry 
of merchandise with Customs from a location within the United States 
other than the port of arrival (POA) or the designated examination site 
(DES). Such merchandise, upon clearance by CBP, may enter the commerce 
of the United States.

J. National In-bond

    The National In-bond system tracks cargo en route in the United 
States. Using departure, arrival, and closure data, the In-bond system 
tracks cargo from the point of unlading to the port of entry or 
exportation. The In-bond system is incorporated within AMS. AMS retains 
control over all sea in-bond movements (both conventional and 
paperless) that are associated with automated bills of lading.

K. Paperless Master In-bond

    The Paperless Master In-bond program controls the movement and 
disposition of master in-bond (MIB) shipments from the carrier's 
custody at the port of unlading to the same carrier's custody at the 
port of destination. This program utilizes the data already available 
in AMS, eliminating the need for paper documentation.
    To help prevent terrorist weapons from being transported to the 
United States, vessel carriers bringing cargo to the United States are 
required to transmit certain information to Customs and Border 
Protection (CBP) about the cargo they are transporting prior to lading 
that cargo at foreign ports of entry. CBP is issuing an interim final 
rule that requires both importers and carriers to submit additional 
information pertaining to cargo to CBP before the cargo is brought into 
the United States by vessel. This information must be submitted to CBP 
by way of a CBP-approved electronic data interchange system. The 
required information is necessary to improve CBP's ability to identify 
high-risk shipments so as to prevent smuggling and ensure cargo safety 
and security, as required by section 203 of the Security and 
Accountability for Every (SAFE) Port Act of 2006 and section 343(a) of 
the Trade Act of 2002, as amended by the Maritime Transportation 
Security Act of 2002.
    The proposed rule was known to the trade as both the ``Importer 
Security Filing proposal'' and the ``10 + 2 proposal.'' The name ``10 + 
2'' is shorthand for the number of advance data elements CBP was 
proposing to collect. Carriers would be generally required to submit 
two additional data elements--a vessel stow plan and container status 
messages regarding certain events relating to containers loaded on 
vessels destined to the United States--to the elements they are already 
required to electronically transmit in advance (the ``2'' of ``10+2''); 
and importers, as defined in the proposed regulations, would be 
required to submit ten data elements--an Importer Security Filing 
containing ten data elements (the ``10'' of ``10+2'').
    ACS has two principal methods for electronic data interchange: The 
Automated Broker Interface (ABI) and the Automated Manifest System 
(AMS). Under the ``10+2'' program, importers, who submit the Importer 
Security Filing (ISF), will use either ABI or Vessel AMS to provide 
their information to CBP. ACS, upon receipt of the ISF, will transfer 
the data to the Automated Targeting System (ATS) for screening and 
targeting purposes. Once screened the ISF data will be returned with 
embedded targeting links to ACS to be maintained in accordance with the 
ACS stated retention policy.
    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25, 
2002), the Department of Homeland Security (DHS) and its components and 
offices have relied on preexisting Privacy Act systems of records 
notices for the maintenance of records that concern the tracking, 
controlling, and processing of all commercial goods imported into the 
United States.
    This collection satisfies the requirements of Section 203 of the 
Security and Accountability for Every Port Act of 2006 (Pub. L. 109-
347, 120 Stat. 1884 (SAFE Port Act)).
    Consistent with DHS's information sharing mission, information 
stored in the Automated Commercial System may be shared with other DHS 
components, as well as appropriate Federal, State, local, tribal, 
foreign, or international government agencies. This sharing will only 
take place after DHS/CBP determines that the receiving component or 
agency has a need to know the information to carry out national 
security, law enforcement, immigration, intelligence, or other 
functions consistent with the routine uses set forth in this system of 
records notice.
    To provide notice and transparency to the public, the Department of 
Homeland Security, U.S. Customs and Border Protection announces an 
amendment to an existing legacy Privacy Act system of records, the 
Automated Commercial System, a comprehensive system used by U.S. 
Customs and Border Protection to track, control, and process all 
commercial goods imported into the United States. This legacy system 
will now also collect additional data via the Automated Broker 
Interface and Vessel Automated Manifest System.
    In accordance with the Privacy Act of 1974 and as part of DHS's 
ongoing effort to review and update legacy system of record notices, 
DHS proposes to update and reissue the following legacy record system, 
Treasury/CS.278 Automated Commercial System (66 FR 52984 October 18, 
2001), as a DHS/CBP system of records notice titled, U.S. Customs and 
Border Protection Automated Commercial System. Categories of 
individuals and categories of records have been reviewed, and the 
routine uses of this legacy system of records notice have been updated 
to better reflect the DHS/CBP Automated Commercial System record 
system. This reissued system will be included in DHS's inventory of 
record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates personally identifiable 
information. 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 lawful permanent residents. As a matter

[[Page 77762]]

of policy, DHS extends administrative Privacy Act protections to all 
individuals where systems of records maintain information on U.S. 
citizens, lawful permanent residents, and visitors. Individuals may 
request access to their own records that are maintained in a system of 
records in the possession or under the control of DHS by complying with 
DHS Privacy Act regulations, 6 CFR part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency recordkeeping 
practices transparent, to notify individuals regarding the uses to 
which personally identifiable information is put, and to assist 
individuals to more easily find such files within the agency. Below is 
the description of the Automated Commercial System system of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this updated system of records to the Office of Management and Budget 
and to Congress.
System of Records
DHS/CBP--015

System name:
    U.S. Customs and Border Protection--015 Automated Commercial System

Security classification:
    Unclassified.

System location:
    Records are maintained at the CBP Headquarters in Washington, DC 
and field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include: CBP 
employees and individuals involved in the import trade.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Social Security Number (SSN), if collected;
     Address;
     CBP employee names;
     CBP employee SSN;
     Importer of record number, which can be the IRS Employer 
Identification Number (EIN), SSN, or a Customs-assigned number;
     Importer name and address;
     Type of importation bond;
     Importation bond expiration date;
     Surety code;
     Violation statistics;
     Protest information;
     Customhouse broker number;
     Customhouse name;
     Customhouse address;
     Bond agent name;
     Bond agent SSN;
     Surety code (non-SSN);
     Surety name;
     Customs bond information;
     Liquidator identification (non-SSN);
     Foreign Manufacturer/Shipper identification code;
     Foreign Manufacturer/Shipper name;
     Foreign Manufacturer/Shipper address;
     Carrier names;
     Carrier codes (non SSN) (Standard Carrier Agent Code (SCA) 
for vessel carriers, International Air Transport Association (IATA) for 
air carriers);
     Manufacturer (or supplier) name;
     Seller name;
     Buyer name;
     Ship to party name;
     Container stuffing location;
     Consolidator (stuffer);
     Foreign trade zone applicant identification number;
     Consignee number(s);
     Country of origin;
     Commodity HTSUS number;
     Booking party;
     Foreign port of unlading;
     Place of delivery; and
     Ship to party.

Authority for maintenance of the system:
    19 U.S.C. 66, 1431, 1448, 1481, 1484, 1505, 1514 and 1624, section 
203 of the Security and Accountability for Every (SAFE) Port Act of 
2006 and section 343(a) of the Trade Act of 2002, as amended by the 
Maritime Transportation Security Act of 2002.

Purpose(s):
    The purpose of this system is to track, control, and process all 
commercial goods imported into the United States, and to improve CBP's 
ability to identify high-risk shipments so as to prevent smuggling and 
ensure cargo safety and security. As part of CBP identifying high risk 
shipments for border security and counterterrorism purposes, the system 
includes information relating to individuals and their relationship to 
the merchandise as documented in the Importer Security Filing (ISF).

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when:
    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/CBP 
determines that the records are both relevant and necessary to the 
litigation and the use of such records is compatible with the purpose 
for which DHS/CBP 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, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) 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's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS,

[[Page 77763]]

when necessary to accomplish an agency function related to this system 
of records. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to DHS officers and employees.
    G. To a Federal, State, or local agency, or other appropriate 
entity or individual, or through established liaison channels to 
selected foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by U.S. law, Executive Order, or other applicable national 
security directive.
    H. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, 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.
    I. To the Bureau of the Census to provide information on foreign 
trade data.
    J. To a Federal agency, pursuant to the International Trade Data 
System Memorandum of Understanding, consistent with the receiving 
agency's legal authority to collect information pertaining to and/or 
regulate transactions in international trade.
    K. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, license, 
or treaty where DHS determines that the information would assist in the 
enforcement of civil or criminal laws.
    L. To a Federal, State, local, tribal, territorial, foreign, or 
international agency, maintaining civil, criminal or other relevant 
enforcement information or other pertinent information, which has 
requested information relevant to or necessary to the requesting 
agency's or the bureau's hiring or retention of an individual, or 
issuance of a security clearance, license, contract, grant, or other 
benefit;
    M. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations, in response to a subpoena, or in connection with criminal 
law proceedings;
    N. To third parties during the course of an investigation to the 
extent necessary to obtain information pertinent to the investigation;
    O. To the Department of Justice, the United States Attorney's 
Office, or a consumer reporting agency for further collection action on 
any delinquent debt when circumstances warrant;
    P. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations where 
DHS is aware of a need to utilize relevant data for purposes of testing 
new technology and systems designed to enhance national security or 
identify other violations of law;
    Q. To a former employee of DHS, in accordance with applicable 
regulations, for purposes of responding to an official inquiry by a 
Federal, State, or local government entity or professional licensing 
authority; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the Department requires information or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility;
    R. To an organization or individual in either the public or private 
sector, either foreign or domestic, where there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, to the extent the of life or 
property; and
    S. To a consumer reporting agency related to owing the U.S. 
Government money in accordance with 15 U.S.C 1681 et seq.

Disclosure to consumer reporting agencies:
    Yes, in accordance with the provision of 15 U.S.C. 1681 et seq.

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 
that are stored electronically are stored on magnetic disc, tape, 
digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by identification codes and/or name.

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.

Retention and disposal:
    The Importer Security Filing is retained for fifteen years from 
date of submission unless it becomes linked to active law enforcement 
lookout records, CBP matches to enforcement activities, and/or 
investigations or cases (i.e., specific and credible threats; 
individuals, and routes of concern; or other defined sets of 
circumstances) for which it will remain accessible for the life of the 
law enforcement matter to support that activity and other enforcement 
activities that may become related. All other records are maintained 
for a period of six years from the date of entry.

System Manager and address:
    Director, Office of Automated Systems, CBP Headquarters, 1300 
Pennsylvania Avenue, NW., Washington, DC 20229 is responsible for all 
data maintained in the files.

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 CBP's FOIA Officer, 1300 
Pennsylvania Avenue, NW., Washington, DC 20229. 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

[[Page 77764]]

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 from 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:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Records are obtained by authorized Customs forms or electronic 
formats from individuals and/or companies incidental to the conduct of 
foreign trade and required by CBP in administering the tariff laws and 
regulations of the United States.

Exemptions claimed for the system:
    Information in the system may be shared with law enforcement and/or 
intelligence agencies pursuant to the above routine uses. The Privacy 
Act requires DHS to maintain an accounting of the disclosures made 
pursuant to all routines uses. Disclosing the fact that a law 
enforcement or intelligence agencies has sought particular records may 
affect ongoing law enforcement or intelligence activity. As such 
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), DHS will claim exemption 
from (c)(3), (e)(8), and (g) of the Privacy Act of 1974, as amended, as 
is necessary and appropriate to protect this information.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-29801 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P