Privacy Act of 1974; Department of Homeland Security, U.S. Customs and Border Protection, DHS/CBP-009-Electronic System for Travel Authorization (ESTA) System of Records, 67751-67755 [2011-28405]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Notices]
[Pages 67751-67755]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28405]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0104]


Privacy Act of 1974; Department of Homeland Security, U.S. 
Customs and Border Protection, DHS/CBP-009--Electronic System for 
Travel Authorization (ESTA) 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, the Department of 
Homeland Security proposes to update an existing Department of Homeland 
Security system of records notice titled ``Department of Homeland 
Security/U.S. Customs and Border Protection-009 Electronic System for 
Travel Authorization System of Records.'' This system collects and 
maintains a record of nonimmigrant aliens who want to travel to the 
United States under the Visa Waiver Program, and is used to determine 
whether the applicant is eligible to travel to the United States under 
the Visa Waiver Program by screening his or her information against 
various security and law enforcement databases. DHS/CBP is updating 
this system of records notice to reflect: (1) Updated categories of 
records to include payment information, including credit card number, 
Pay.gov tracking number, billing name, billing address, and the 
applicant's country of birth (to reduce the number of false matches); 
(2) updated routine uses to allow DHS/CBP to share payment information 
with Department of Treasury's Pay.gov for processing; and (3) updated 
routine uses to allow sharing of the ESTA application data (which 
excludes payment information) with federal, state, local, tribal, 
foreign, or international government agencies (including intelligence 
agencies) once they have established that they will use the information 
for a purpose which is compatible with the purpose of the original 
collection. This newly updated system will be included in the 
Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before December 2, 2011. This new system 
will be effective December 2, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0104 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (703) 483-2999.
     Mail: Mary Ellen Callahan, 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), CBP Privacy Officer, Office of 
International Trade, U.S. Customs and Border Protection, Mint Annex, 
799 Ninth Street NW., Washington, DC 20229. 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:

[[Page 67752]]

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security proposes to update an existing 
Department of Homeland Security system of records notice titled, DHS/
CBP-009--Electronic System for Travel Authorization (ESTA) June 10, 
2008, 73 FR 32720. This system collects and maintains records of 
nonimmigrant aliens who want to travel to the United States under VWP 
and is used to determine whether the applicant is eligible to travel to 
the United States by screening his or her information against various 
security and law enforcement databases.
    In 2008, a web-based system called the Electronic System for Travel 
Authorization (ESTA) was developed to determine the eligibility of 
visitors to travel to the United States by air or sea under the Visa 
Waiver Program (VWP), prior to boarding a carrier en route to the 
United States, and whether such travel poses a law enforcement or 
security risk by screening the information provided against selected 
security and law enforcement databases.
    Pursuant to Section 711(d)(1)(E) of the Implementing the 
Recommendations of the 9/11 Commission Act, CBP amended its regulations 
to include the collection of an application fee for each application 
submitted as required by the Travel Promotion Act (TPA), which was 
signed into law on March 4, 2010.
    In addition to the application fee, TPA also mandates that CBP 
collect $10 from each approved applicant, effective six months from the 
date the legislation was signed. CBP must transfer these funds 
quarterly to the Travel Promotion Fund for use by the Corporation for 
Travel Promotion. CBP published regulations instituting the fee on 
August, 9, 2010 (75 FR 47701).
    Through the ESTA web-based interface, the user will be prompted 
through several screens to capture the required application 
information. Once the applicant has entered all required application 
information, ESTA will take the applicant through a series of screens 
where he/she enters his/her billing name, billing address, and credit 
card information. ESTA forwards all of this payment information to 
Pay.gov for payment processing and the applicant name and an ESTA 
tracking number to the DHS/CBP-018 Credit/Debit Card Data System 
(CDCDS) System of Records for payment reconciliation. Pay.gov sends a 
nightly activity file, including the last four digits of the credit 
card, authorization number, billing name, billing address, ESTA 
tracking number, and Pay.gov tracking numbers, to CDCDS. Pay.gov also 
sends a daily batch file with the necessary payment information to 
Fifth Third Bank for settlement processing. After processing, Fifth 
Third Bank sends a settlement file, including the full credit card 
number, authorization number, card type, transaction date, amount, and 
ESTA tracking number to CDCDS. Once ESTA receives confirmation from 
Pay.gov that the payment has been processed successfully, ESTA will 
retain the Pay.gov tracking number for payment reconciliation purposes.
    As CBP enhances and updates ESTA, CBP anticipates amending its 
application to include the applicant's country of birth, which will 
assist in reducing false matches during the vetting process.
    DHS is updating the categories of records and routine uses for this 
system of records notice to permit the collection and use of a Pay.gov 
tracking number associated with the applicant's payment information, 
including billing name, billing address, and credit card information 
for the newly-required application fee, and the applicant's country of 
birth, which will assist in reducing false matches during the vetting 
process. Additionally, this update includes a routine use permitting 
the sharing of payment information with the Department of the 
Treasury's Pay.gov Web site.
    DHS changed the order of routine uses to be consistent across all 
DHS SORNs and for ease of use by DHS personnel. This change impacts the 
following uses, which were not substantially changed. Former routine 
use G, which addressed certain governmental agencies' responsibility 
for, in part, investigating and enforcing civil or criminal laws, was 
eliminated because of redundancy. Former routine use L is now routine 
use K, which clarifies the sharing that takes place with the 
intelligence community. The TPA requires CBP to include the collection 
of an application fee for each application submitted. Accordingly, 
routine use P was added to explicitly allow for payment processing and 
reconciliation activities. Routine use Q was also added.
    The Department of Homeland Security issued a Final Rule for this 
system of records in the Federal Register (74 FR 45069) on August 31, 
2009. This SORN update does not change the nature of reasons for this 
system of records or the need for the exemptions to certain aspects of 
the Privacy Act. This newly-updated system will be included in the 
Department of Homeland Security's inventory of record systems.
    The purpose of this system of records is to determine the 
eligibility of aliens to travel to the U.S. by air or sea under the 
VWP. DHS/CBP has authority to operate this system under the Homeland 
Security Act of 2002, Public Law 107-296; 5 U.S.C. 301 and Section 711 
of the Implementing Recommendations of the 9/11 Commission Act of 2007 
(9/11 Act) (Pub. L. 110-53); and the Travel Promotion Act (Pub. L. 111-
145). Updates to this system include the collection of additional 
information, and DHS/CBP has set in place processes and agreements to 
safeguard the additional data collected. New routine uses included in 
this update primarily relate to the addition of payment information and 
allow for processing of such information, which is directly compatible 
with the purpose for which the information was collected. Additional 
routine uses were edited to align with standards across DHS SORNs for 
ease of use and understanding by DHS personnel.
    Consistent with DHS's information sharing mission, information 
stored in ESTA 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 
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.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass United States citizens and lawful 
permanent residents. As a matter 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

[[Page 67753]]

or under the control of DHS by complying with DHS Privacy Act 
regulations, 6 CFR part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses to 
which their records are put, and to assist individuals to more easily 
find such files within the agency. Below is the description of the 
Department of Homeland Security, U.S. Customs and Border Protection, 
DHS/CBP-009--Electronic System for Travel Authorization (ESTA) system 
of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
System of Records

Department of Homeland Security (DHS)/Customs and Border Protection 
(CBP)-009

System name:
    DHS/CBP-009 Electronic System for Travel Authorization (ESTA).

Security classification:
    Unclassified.

System location:
    Records are maintained in the ESTA system at the U.S. Customs and 
Border Protection (CBP) Headquarters in Washington, DC and field 
offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include foreign 
nationals from VWP countries who are seeking to enter the United States 
by air or sea under the VWP. Under the Immigration and Nationality Act 
(INA), title 8 of the United States Code, these persons are required to 
report their arrival and departure to and from the United States. This 
system only collects information pertaining to persons in nonimmigrant 
status, that is, persons who are not covered by the protections of the 
Privacy Act at the time they provide their information. However, given 
the importance of providing privacy protections to international 
travelers, DHS has decided to apply the privacy protections and 
safeguards outlined in this notice to all international travelers 
subject to ESTA.

Categories of records in the system:
    Categories of records in this system include:

     Full Name (First, Middle, and Last)
     Date of birth
     Gender
     Email Address
     Phone Number
     Travel document type (e.g., passport), number, issuance 
date, expiration date and issuing country
     Country of Citizenship
     ESTA Application Number
     Pay.gov Payment Tracking Number (i.e., confirmation of 
payment; absence of payment confirmation will result in a ``not 
cleared'' determination)
     Country of Birth
     Date of Anticipated Crossing
     Airline and Flight Number
     City of Embarkation
     Address while visiting the United States (Number, Street, 
City, State)
     Whether the individual has a communicable disease, 
physical or mental disorder, or is a drug abuser or addict
     Whether the individual has been arrested or convicted for 
a moral turpitude crime, drug possession or use, or has been sentenced 
for a period longer than five years
     Whether the individual has engaged in espionage, sabotage, 
terrorism or Nazi activity between 1933 and 1945
     Whether the individual is seeking work in the U.S.
     Whether the individual has been excluded or deported, or 
attempted to obtain a visa or enter U.S. by fraud or misrepresentation
     Whether the individual has ever detained, retained, or 
withheld custody of a child from a U.S. citizen granted custody of the 
child
     Whether the individual has ever been denied a U.S. visa or 
entry into the U.S., or had a visa cancelled. (If yes, when and where)
     Whether the individual has ever asserted immunity from 
prosecution
     Any change of address while in the U.S.

Authority for maintenance of the system:
    The Homeland Security Act of 2002, Public Law 107-296; 5 U.S.C. 301 
and Section 711 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (9/11 Act), (Pub. L. 110-53); and the Travel 
Promotion Act (Pub. L. 111-145).

Purpose(s):
    The purpose of this system is to collect and maintain a record of 
nonimmigrant aliens who want to travel to the United States under the 
Visa Waiver Program, and to determine whether applicants are eligible 
to travel to the United States under the VWP by screening their 
information against various security and law enforcement databases.
    The Pay.gov tracking number (associated with the payment 
information provided to Pay.gov and stored in CDCDS) will be used to 
process ESTA and TPA fees and to reconcile issues regarding payment 
between ESTA, CDCDS, and Pay.gov. Payment information will not be used 
for vetting purposes and is stored in a separate system (CDCDS) from 
the ESTA application data.

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 (including United States Attorney 
Offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is necessary to the litigation and one of the following is a party 
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of

[[Page 67754]]

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) or harm to the 
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS'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, 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 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.
    H. To appropriate Federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purpose of protecting the vital health interests of a data subject 
or other persons (e.g.; to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease or to combat other significant public health 
threats; appropriate notice will be provided of any identified health 
threat or risk);
    I. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate to the proper 
performance of the official duties of the officer making the 
disclosure;
    J. To a Federal, state, tribal, local, international, or foreign 
government agency or entity for the purpose of consulting with that 
agency or entity: (1) To assist in making a determination regarding 
redress for an individual in connection with the operations of a DHS 
component or program; (2) for the purpose of verifying the identity of 
an individual seeking redress in connection with the operations of a 
DHS component or program; or (3) for the purpose of verifying the 
accuracy of information submitted by an individual who has requested 
such redress on behalf of another individual;
    K. To Federal and foreign government intelligence or 
counterterrorism agencies when DHS reasonably believes such use is to 
assist in counterterrorism efforts, and disclosure is appropriate to 
the proper performance of the official duties of the person making the 
disclosure;
    L. To the Department of State in the processing of petitions or 
applications for benefits under the Immigration and Nationality Act, 
and all other immigration and nationality laws including treaties and 
reciprocal agreements;
    M. 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 information is 
relevant to the protection of life or property and disclosure is 
appropriate to the proper performance of the official duties of the 
person making the disclosure;
    N. To the carrier transporting an individual to the United States, 
but only to the extent that CBP provides information that the ESTA 
status is not applicable to the traveler, or, if applicable, that the 
individual is authorized to travel, not authorized to travel, pending, 
or has not applied.
    O. To Pay.gov, for payment processing and payment reconciliation 
purposes.
    P. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    These records may be retrieved by any of the data elements supplied 
by the applicant. The payment information and Pay.gov payment tracking 
number may be used to track the amount of payment associated with an 
ESTA application and to reconcile payment discrepancies. As CBP updates 
and enhances ESTA, applicants will be able to access their ESTA 
information to view and amend their applications by providing their 
ESTA number and passport number. Once they have provided their ESTA 
number and passport number, applicants may view their ESTA status 
(authorized to travel, not authorized to travel, pending) and submit 
limited updates to their travel itinerary information. If an applicant 
does not know his/her application number, he/she can provide his or her 
passport number, date of birth, and passport issuing country to 
retrieve his/her application number.

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.

Retention and disposal:
    Application information submitted to ESTA generally expires and is 
deemed ``inactive'' two years after the initial submission of 
information by the applicant. In the event that a traveler's passport 
remains valid for less than two years from the date of the ESTA 
approval, the ESTA will expire concurrently with the passport. 
Information in ESTA will be retained for one year after the ESTA 
expires. After

[[Page 67755]]

this period, the inactive account information will be purged from 
online access and archived for 12 years. Data linked at any time during 
the 15 year retention period (3 years active, 12 years archived), to 
active law enforcement lookout records, CBP matches to enforcement 
activities, and/or investigations or cases, including applications for 
ESTA that are denied, will remain accessible for the life of the law 
enforcement activities to which they may become related. NARA 
guidelines for retention and archiving of data will apply to ESTA and 
CBP is in negotiation with NARA for approval of the ESTA data retention 
and archiving plan.
    Payment information is not stored in ESTA, but is forwarded to 
Pay.gov and stored in CBP's financial processing system, CDCDS, 
pursuant to the DHS/CBP-018, CDCDS system of records notice.
    The ESTA has allowed for the automation of the paper I-94W form in 
the air and sea environment. In those instances where a VWP traveler is 
admitted using the automated process, the corresponding admission 
record will be maintained in accordance with the retention schedule for 
I-94W, which is 75 years. I-94W and I-94 data are maintained for this 
period of time in order to ensure that the information related to a 
particular admission to the United States is available for providing 
any applicable benefits related to immigration or other enforcement 
purposes.

System Manager and address:
    Director, Office of Automated Systems, U.S. Customs and Border 
Protection Headquarters, 1300 Pennsylvania Avenue NW., Washington, DC 
20229.

Notification procedure:
    The Secretary of Homeland Security has exempted portions of this 
system from the notification, access, and amendment procedures of the 
Privacy Act because it is a law enforcement system. However, CBP will 
consider individual requests to determine whether or not information 
may be released. Thus, individuals seeking notification of and access 
to any record contained in this system of records, or seeking to 
contest its content, may submit a request in writing to the 
Headquarters or component's FOIA Officer, whose contact information can 
be found at https://www.dhs.gov/foia under ``contacts.'' If an 
individual believes more than one component maintains Privacy Act 
records concerning him or her the individual may submit the request to 
the Chief Privacy Officer, Department of Homeland Security, 245 Murray 
Drive SW., Building 410, STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 6 CFR part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of 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) may 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:
    The system obtains information from the online ESTA application 
submitted by the applicant. This information is processed by the 
Automated Targeting System (ATS) to screen for terrorists or threats to 
aviation and border security and TECS (for matches to persons 
identified to be of law enforcement interest), and result of 
``authorized to travel,'' ``not authorized to travel,'' or ``pending'' 
is maintained in ESTA. ``Pending'' will be resolved to ``authorized to 
travel'' or ``not authorized to travel'' based on further research by 
CBP. Pay.gov provides the Pay.gov tracking number once payment 
information has been forwarded to it and processed. It is used to 
reconcile payments between ESTA, CDCDS, and Pay.gov.

Exemptions claimed for the system:
    No exemption shall be asserted with respect to information 
maintained in the system as it relates to data submitted by or on 
behalf of a person who travels to visit the United States and crosses 
the border, nor shall an exemption be asserted with respect to the 
resulting determination (authorized to travel, pending, or not 
authorized to travel). 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: October 3, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-28405 Filed 11-1-11; 8:45 am]
BILLING CODE 9110-06-P