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]
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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]
-----------------------------------------------------------------------
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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