Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/National Protections and Programs Directorate/U.S. Visitor and Immigrant Status Indicator Technology-003 Technical Reconciliation Analysis Classification System of Records, 63946-63948 [E9-28913]

Download as PDF pwalker on DSK8KYBLC1PROD with RULES4 63946 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension. Amendment of the records could interfere with ongoing investigations and law enforcement activities and would impose an impossible administrative burden by requiring investigations to be continuously reinvestigated. In addition, permitting access and amendment to such information could disclose security-sensitive information that could be detrimental to homeland security. (c) From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of Federal law, the accuracy of information obtained or introduced occasionally may be unclear or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity. (d) From subsection (e)(2) (Collection of Information from Individuals) because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of an investigation, thereby interfering with the related investigation and law enforcement activities. (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed information would impede law enforcement in that it could compromise investigations by: revealing the existence of an otherwise confidential investigation and thereby provide an opportunity for the subject of an investigation to conceal evidence, alter patterns of behavior, or take other actions that could thwart investigative efforts; reveal the identities of witnesses in investigations, thereby providing an opportunity for the subjects of the investigations or others to harass, intimidate, or otherwise interfere with the collection of evidence or other information from such witnesses; or reveal the identity of confidential informants, which would negatively affect the informant’s usefulness in any ongoing or future investigations and discourage members of the public from cooperating as confidential informants in any future investigations. (f) From subsections (e)(4)(G) and (H) (Agency Requirements), and (f) (Agency Requirements) because portions of this system are exempt from the individual access provisions of subsection (d) for the reasons noted above, and therefore DHS is not required to establish requirements, rules, or procedures with respect to such access. Providing notice to individuals with respect to existence of records pertaining to them in the system of records or otherwise setting up procedures pursuant to which individuals may access and view records pertaining to themselves in the system would undermine investigative efforts and reveal the identities of witnesses, and potential witnesses, and confidential informants. (g) From subsection (e)(5) (Collection of Information) because in the collection of information for law enforcement purposes it VerDate Nov<24>2008 18:25 Dec 03, 2009 Jkt 220001 is impossible to determine in advance what information is accurate, relevant, timely, and complete. Compliance with (e)(5) would preclude DHS agents from using their investigative training and exercise of good judgment to both conduct and report on investigations. (h) From subsection (e)(8) (Notice on Individuals) because compliance would interfere with DHS’ ability to obtain, serve, and issue subpoenas, warrants, and other law enforcement mechanisms that may be filed under seal, and could result in disclosure of investigative techniques, procedures, and evidence. (i) From subsection (g) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act relating to individuals’ rights to access and amend their records contained in the system. Therefore DHS is not required to establish rules or procedures pursuant to which individuals may seek a civil remedy for the agency’s: refusal to amend a record; refusal to comply with a request for access to records; failure to maintain accurate, relevant, timely and complete records; or failure to otherwise comply with an individual’s right to access or amend records. provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/National Protections and Programs Directorate/U.S. Visitor and Immigrant Status Indicator Technology—003 Technical Reconciliation Analysis Classification system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. DATES: Effective Date: This final rule is effective December 4, 2009. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Paul Hasson (202–298–5021), Privacy Officer, U.S. Visitor and Immigrant Status Indicator Technology, Washington, DC 20598. For privacy issues please contact: Mary Ellen Callahan (703–235– 0780), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: Dated: November 25, 2009. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E9–28910 Filed 12–3–09; 8:45 am] Background BILLING CODE 9110–9P–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS–2009–0044] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/National Protections and Programs Directorate/U.S. Visitor and Immigrant Status Indicator Technology—003 Technical Reconciliation Analysis Classification System of Records Privacy Office, DHS. Final rule. AGENCY: ACTION: SUMMARY: The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security/ National Protections and Programs Directorate/U.S. Visitor and Immigrant Status Indicator Technology system of records entitled the ‘‘Department of Homeland Security/National Protections and Programs Directorate/U.S. Visitor and Immigrant Status Indicator Technology—003 Technical Reconciliation Analysis Classification System of Records’’ from certain PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 The Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register, 73 FR 33928, June 16, 2008, proposing to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. The system of records is the DHS/National Protections and Programs Directorate (NPPD)/U.S. Visitor and Immigrant Status Indicator Technology (US– VISIT)—003 Technical Reconciliation Analysis Classification system. The DHS/NPPD/US–VISIT—003 Technical Reconciliation Analysis Classification system of records notice was published concurrently in the Federal Register, 73 FR 34028, June 16, 2008, and comments were invited on both the notice of proposed rulemaking and system of records notice. No comments were received on the notice of proposed rulemaking. Comments were received on the system of records notice. Public Comments DHS received no comments on the notice of proposed rulemaking. DHS received three public comments on the system of records notice. Two of the public comments were related to an individual’s immigration status and unrelated to the proposed rulemaking. The third comment was an individual’s personal opinion on illegal immigration and unrelated to the proposed rulemaking. DHS will implement the rulemaking as proposed. E:\FR\FM\04DER4.SGM 04DER4 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations List of Subjects in 6 CFR Part 5 Freedom of information; Privacy. ■ For the reasons stated in the preamble, DHS amends Chapter I of Title 6, Code of Federal Regulations, as follows: PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 5 continues to read as follows: ■ Authority: Public Law 107–296, 116 Stat. 2135, 6 U.S.C. 101 et seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a. 2. At the end of Appendix C to Part 5, Exemption of Record Systems under the Privacy Act, add the following new paragraph ‘‘42’’: ■ Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act pwalker on DSK8KYBLC1PROD with RULES4 * * * * * 42. The DHS/NPPD/US–VISIT—003 Technical Reconciliation Analysis Classification system of records (TRACS) consists of stand alone database and paper files that will be used by DHS and its components. This system of records will be used to perform a range of information management and analytic functions involving collecting, verifying, and resolving tracking of data primarily on individuals 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, 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 of 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. The DHS/NPPD/US–VISIT—003 Technical Reconciliation Analysis Classification system of records is managed and maintained by the US–VISIT Program. The data contained in the DHS/NPPD/US– VISIT—003 Technical Reconciliation Analysis Classification system of records is primarily derived from DHS/NPPD/U.S– VISIT—001 Arrival and Departure Information System (ADIS); DHS/CBP—011 TECS; DHS/ICE—001 Student and Exchange Visitor Information System (SEVIS); DHS/ ICE/CBP/USCIS—001—03 Enforcement Operational Immigration Records (ENFORCE/IDENT); DHS/ICE—011 Removable Alien Records System (RARS); DHS/USCIS—001 Alien File (A–File) and Central Index System (CIS); DHS/USCIS— 007 Benefits Information System covering Computer Linked Application Information Management System 3 (Claims 3) and Computer Linked Application Information Management System 4 (Claims 4); DHS/ VerDate Nov<24>2008 18:25 Dec 03, 2009 Jkt 220001 USCIS Refugees, Asylum & Parole System (RAPS); and from the Department of State’s Consolidated Consular Database (CCD). The DHS/NPPD/US–VISIT—003 Technical Reconciliation Analysis Classification system of records also contains data from web searches for addresses and phone numbers. This data is collected by, on behalf of, in support of, or in cooperation with DHS and its components. The Secretary of Homeland Security has exempted this system from the following provisions of the Privacy Act, subject to the limitations set forth in 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). Additionally, the Secretary of Homeland Security has exempted this system from the following provisions of the Privacy Act, subject to the limitations set forth in 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). Exemptions from these particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, for the following reasons: (a) From subsection (c)(3) and (4) (Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of the investigation, and reveal investigative interest on the part of DHS as well as the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the accounting would also permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension, which would undermine the entire investigative process. (b) From subsection (d) (Access to Records) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation, to the existence of the investigation, and reveal investigative interest on the part of DHS or another agency. Access to the records could permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension. Amendment of the records could interfere with ongoing investigations and law enforcement activities and would impose an impossible administrative burden by requiring investigations to be continuously reinvestigated. In addition, permitting access and amendment to such information could disclose security-sensitive information that could be detrimental to homeland security. (c) From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of Federal law, the accuracy of information obtained or introduced occasionally may be unclear or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 63947 appropriate to retain all information that may aid in establishing patterns of unlawful activity. (d) From subsection (e)(2) (Collection of Information from Individuals) because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of an investigation, thereby interfering with the related investigation and law enforcement activities. (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed information would impede law enforcement in that it could compromise investigations by: revealing the existence of an otherwise confidential investigation and thereby provide an opportunity for the subject of an investigation to conceal evidence, alter patterns of behavior, or take other actions that could thwart investigative efforts; reveal the identity of witnesses in investigations, thereby providing an opportunity for the subjects of the investigations or others to harass, intimidate, or otherwise interfere with the collection of evidence or other information from such witnesses; or reveal the identity of confidential informants, which would negatively affect the informant’s usefulness in any ongoing or future investigations and discourage members of the public from cooperating as confidential informants in any future investigations. (f) From subsections (e)(4)(G), and (e)(4)(H) (Agency Requirements) because portions of this system are exempt from the individual access provisions of subsection (d) which exempts providing access because it could alert a subject to the nature or existence of an investigation, and thus there could be no procedures for that particular data. Procedures do exist for access for those portions of the system that are not exempted. (g) From subsection (e)(4)(I) (Agency Requirements) because providing such source information would impede enforcement or intelligence by compromising the nature or existence of a confidential investigation. (h) From subsection (e)(5) (Collection of Information) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. Compliance with (e)(5) would preclude DHS agents from using their investigative training and exercise of good judgment to both conduct and report on investigations. (i) From subsection (e)(8) (Notice on Individuals) because compliance would interfere with DHS’ ability to obtain, serve, and issue subpoenas, warrants, and other law enforcement mechanisms that may be filed under seal, and could result in disclosure of investigative techniques, procedures and evidence. (j) From subsection (f) (Agency Rules) because portions of this system are exempt from the access and amendment provisions of subsection (d). (k) From subsection (g) to the extent that the system is exempt from other specific subsections of the Privacy Act. E:\FR\FM\04DER4.SGM 04DER4 63948 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations Dated: November 23, 2009. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E9–28913 Filed 12–3–09; 8:45 am] DEPARTMENT OF HOMELAND SECURITY Safety and Law Enforcement system. The DHS/USCG—013 Marine Information for Safety and Law Enforcement system of records notice was published concurrently in the Federal Register, 74 FR 30305, June 25, 2009. Comments were invited on both the notice of proposed rulemaking and the system of records notice. No comments were received. Office of the Secretary Public Comments BILLING CODE P DHS received no comments on the notice of proposed rulemaking or the system of records notice. DHS will implement the rulemaking as proposed. 6 CFR Part 5 [Docket No. DHS–2009–0128] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Coast Guard—013 Marine Information for Safety and Law Enforcement System of Records Privacy Office, DHS. Final rule. AGENCY: ACTION: The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security/U.S. Coast Guard system of records entitled the ‘‘Department of Homeland Security/ U.S. Coast Guard—013 Marine Information for Safety and Law Enforcement System of Records’’ from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/U.S. Coast Guard—013 Marine Information for Safety and Law Enforcement system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. DATES: Effective Date: This final rule is effective December 4, 2009. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Sherry A. Richardson (202–475–3515), Privacy Officer, U.S. Coast Guard. For privacy issues contact: Mary Ellen Callahan (703–235–0780), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528. SUMMARY: SUPPLEMENTARY INFORMATION: pwalker on DSK8KYBLC1PROD with RULES4 Background The Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register, 74 FR 30241, June 25, 2009, proposing to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. The system of records is the DHS/U.S. Coast Guard (USCG)—013 Marine Information for VerDate Nov<24>2008 18:25 Dec 03, 2009 Jkt 220001 List of Subjects in 6 CFR Part 5 Freedom of information; Privacy. For the reasons stated in the preamble, DHS proposes to amend Chapter I of Title 6, Code of Federal Regulations, as follows: ■ PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 5 continues to read as follows: ■ Authority: 6 U.S.C. 101 et seq.; Public Law 107–296, 116 Stat. 2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a. 2. Add at the end of Appendix C to Part 5, the following new paragraph 43 to read as follows: ■ Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act * * * * * 43. The DHS/USCG—013 Marine Information for Safety and Law Enforcement system of records consists of electronic and paper records and will be used by DHS and its components. The DHS/USCG—013 Marine Information for Safety and Law Enforcement system of records is a repository of information held by DHS in connection with its several and varied missions and functions, including, but not limited to: the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; national security and intelligence activities. The DHS/USCG—013 Marine Information for Safety and Law Enforcement system of records contains information that is collected by, on behalf of, in support of, or in cooperation with DHS and its components and may contain personally identifiable information collected by other Federal, State, local, tribal, foreign, or international government agencies. The Secretary of Homeland Security has exempted this system from the following provisions of the Privacy Act, subject to the limitations set forth in 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). Additionally, the Secretary of Homeland Security has exempted this system from the following provisions of the Privacy Act, subject to the PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 limitations set forth in 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); (I); and (f) pursuant to 5 U.S.C. 552a(k)(2). Exemptions from these particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, for the following reasons: (a) From subsection (c)(3) and (4) (Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of the investigation, and reveal investigative interest on the part of DHS as well as the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the accounting would also permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension, which would undermine the entire investigative process. (b) From subsection (d) (Access to Records) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation, to the existence of the investigation, and reveal investigative interest on the part of DHS or another agency. Access to the records could permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension. Amendment of the records could interfere with ongoing investigations and law enforcement activities and would impose an impossible administrative burden by requiring investigations to be continuously reinvestigated. In addition, permitting access and amendment to such information could disclose security-sensitive information that could be detrimental to homeland security. (c) From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of Federal law, the accuracy of information obtained or introduced occasionally may be unclear or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity. (d) From subsection (e)(2) (Collection of Information from Individuals) because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of an investigation, thereby interfering with the related investigation and law enforcement activities. (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed information would impede law enforcement in that it could compromise investigations by: revealing the existence of an otherwise confidential investigation and thereby provide an opportunity for the subject of an investigation to conceal evidence, alter patterns of behavior, or take other actions E:\FR\FM\04DER4.SGM 04DER4

Agencies

[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63946-63948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28913]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2009-0044]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/National Protections and Programs Directorate/U.S. 
Visitor and Immigrant Status Indicator Technology--003 Technical 
Reconciliation Analysis Classification System of Records

AGENCY: Privacy Office, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security is issuing a final rule to 
amend its regulations to exempt portions of a Department of Homeland 
Security/National Protections and Programs Directorate/U.S. Visitor and 
Immigrant Status Indicator Technology system of records entitled the 
``Department of Homeland Security/National Protections and Programs 
Directorate/U.S. Visitor and Immigrant Status Indicator Technology--003 
Technical Reconciliation Analysis Classification System of Records'' 
from certain provisions of the Privacy Act. Specifically, the 
Department exempts portions of the Department of Homeland Security/
National Protections and Programs Directorate/U.S. Visitor and 
Immigrant Status Indicator Technology--003 Technical Reconciliation 
Analysis Classification system of records from one or more provisions 
of the Privacy Act because of criminal, civil, and administrative 
enforcement requirements.

DATES: Effective Date: This final rule is effective December 4, 2009.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Paul Hasson (202-298-5021), Privacy Officer, U.S. Visitor and Immigrant 
Status Indicator Technology, Washington, DC 20598. For privacy issues 
please contact: Mary Ellen Callahan (703-235-0780), Chief Privacy 
Officer, Privacy Office, U.S. Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Homeland Security (DHS) published a notice of 
proposed rulemaking in the Federal Register, 73 FR 33928, June 16, 
2008, proposing to exempt portions of the system of records from one or 
more provisions of the Privacy Act because of criminal, civil, and 
administrative enforcement requirements. The system of records is the 
DHS/National Protections and Programs Directorate (NPPD)/U.S. Visitor 
and Immigrant Status Indicator Technology (US-VISIT)--003 Technical 
Reconciliation Analysis Classification system. The DHS/NPPD/US-VISIT--
003 Technical Reconciliation Analysis Classification system of records 
notice was published concurrently in the Federal Register, 73 FR 34028, 
June 16, 2008, and comments were invited on both the notice of proposed 
rulemaking and system of records notice. No comments were received on 
the notice of proposed rulemaking. Comments were received on the system 
of records notice.

Public Comments

    DHS received no comments on the notice of proposed rulemaking.
    DHS received three public comments on the system of records notice. 
Two of the public comments were related to an individual's immigration 
status and unrelated to the proposed rulemaking. The third comment was 
an individual's personal opinion on illegal immigration and unrelated 
to the proposed rulemaking.
    DHS will implement the rulemaking as proposed.

[[Page 63947]]

List of Subjects in 6 CFR Part 5

    Freedom of information; Privacy.

0
For the reasons stated in the preamble, DHS amends Chapter I of Title 
6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

0
1. The authority citation for part 5 continues to read as follows:

    Authority:  Public Law 107-296, 116 Stat. 2135, 6 U.S.C. 101 et 
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.

0
2. At the end of Appendix C to Part 5, Exemption of Record Systems 
under the Privacy Act, add the following new paragraph ``42'':

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    42. The DHS/NPPD/US-VISIT--003 Technical Reconciliation Analysis 
Classification system of records (TRACS) consists of stand alone 
database and paper files that will be used by DHS and its 
components. This system of records will be used to perform a range 
of information management and analytic functions involving 
collecting, verifying, and resolving tracking of data primarily on 
individuals 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, 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 of 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. The DHS/NPPD/US-VISIT--003 Technical 
Reconciliation Analysis Classification system of records is managed 
and maintained by the US-VISIT Program. The data contained in the 
DHS/NPPD/US-VISIT--003 Technical Reconciliation Analysis 
Classification system of records is primarily derived from DHS/NPPD/
U.S-VISIT--001 Arrival and Departure Information System (ADIS); DHS/
CBP--011 TECS; DHS/ICE--001 Student and Exchange Visitor Information 
System (SEVIS); DHS/ICE/CBP/USCIS--001--03 Enforcement Operational 
Immigration Records (ENFORCE/IDENT); DHS/ICE--011 Removable Alien 
Records System (RARS); DHS/USCIS--001 Alien File (A-File) and 
Central Index System (CIS); DHS/USCIS--007 Benefits Information 
System covering Computer Linked Application Information Management 
System 3 (Claims 3) and Computer Linked Application Information 
Management System 4 (Claims 4); DHS/USCIS Refugees, Asylum & Parole 
System (RAPS); and from the Department of State's Consolidated 
Consular Database (CCD). The DHS/NPPD/US-VISIT--003 Technical 
Reconciliation Analysis Classification system of records also 
contains data from web searches for addresses and phone numbers. 
This data is collected by, on behalf of, in support of, or in 
cooperation with DHS and its components. The Secretary of Homeland 
Security has exempted this system from the following provisions of 
the Privacy Act, subject to the limitations set forth in 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). Additionally, the Secretary of Homeland Security 
has exempted this system from the following provisions of the 
Privacy Act, subject to the limitations set forth in 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). Exemptions from 
these particular subsections are justified, on a case-by-case basis 
to be determined at the time a request is made, for the following 
reasons:
    (a) From subsection (c)(3) and (4) (Accounting for Disclosures) 
because release of the accounting of disclosures could alert the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation to the existence of the 
investigation, and reveal investigative interest on the part of DHS 
as well as the recipient agency. Disclosure of the accounting would 
therefore present a serious impediment to law enforcement efforts 
and/or efforts to preserve national security. Disclosure of the 
accounting would also permit the individual who is the subject of a 
record to impede the investigation, to tamper with witnesses or 
evidence, and to avoid detection or apprehension, which would 
undermine the entire investigative process.
    (b) From subsection (d) (Access to Records) because access to 
the records contained in this system of records could inform the 
subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation, to the existence of the 
investigation, and reveal investigative interest on the part of DHS 
or another agency. Access to the records could permit the individual 
who is the subject of a record to impede the investigation, to 
tamper with witnesses or evidence, and to avoid detection or 
apprehension. Amendment of the records could interfere with ongoing 
investigations and law enforcement activities and would impose an 
impossible administrative burden by requiring investigations to be 
continuously reinvestigated. In addition, permitting access and 
amendment to such information could disclose security-sensitive 
information that could be detrimental to homeland security.
    (c) From subsection (e)(1) (Relevancy and Necessity of 
Information) because in the course of investigations into potential 
violations of Federal law, the accuracy of information obtained or 
introduced occasionally may be unclear or the information may not be 
strictly relevant or necessary to a specific investigation. In the 
interests of effective law enforcement, it is appropriate to retain 
all information that may aid in establishing patterns of unlawful 
activity.
    (d) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from 
the subject of an investigation would alert the subject to the 
nature or existence of an investigation, thereby interfering with 
the related investigation and law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because 
providing such detailed information would impede law enforcement in 
that it could compromise investigations by: revealing the existence 
of an otherwise confidential investigation and thereby provide an 
opportunity for the subject of an investigation to conceal evidence, 
alter patterns of behavior, or take other actions that could thwart 
investigative efforts; reveal the identity of witnesses in 
investigations, thereby providing an opportunity for the subjects of 
the investigations or others to harass, intimidate, or otherwise 
interfere with the collection of evidence or other information from 
such witnesses; or reveal the identity of confidential informants, 
which would negatively affect the informant's usefulness in any 
ongoing or future investigations and discourage members of the 
public from cooperating as confidential informants in any future 
investigations.
    (f) From subsections (e)(4)(G), and (e)(4)(H) (Agency 
Requirements) because portions of this system are exempt from the 
individual access provisions of subsection (d) which exempts 
providing access because it could alert a subject to the nature or 
existence of an investigation, and thus there could be no procedures 
for that particular data. Procedures do exist for access for those 
portions of the system that are not exempted.
    (g) From subsection (e)(4)(I) (Agency Requirements) because 
providing such source information would impede enforcement or 
intelligence by compromising the nature or existence of a 
confidential investigation.
    (h) From subsection (e)(5) (Collection of Information) because 
in the collection of information for law enforcement purposes it is 
impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with (e)(5) would 
preclude DHS agents from using their investigative training and 
exercise of good judgment to both conduct and report on 
investigations.
    (i) From subsection (e)(8) (Notice on Individuals) because 
compliance would interfere with DHS' ability to obtain, serve, and 
issue subpoenas, warrants, and other law enforcement mechanisms that 
may be filed under seal, and could result in disclosure of 
investigative techniques, procedures and evidence.
    (j) From subsection (f) (Agency Rules) because portions of this 
system are exempt from the access and amendment provisions of 
subsection (d).
    (k) From subsection (g) to the extent that the system is exempt 
from other specific subsections of the Privacy Act.


[[Page 63948]]


    Dated: November 23, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-28913 Filed 12-3-09; 8:45 am]
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