Privacy Act of 1974; Department of Homeland Security U.S. Customs and Border Protection-007-Border Crossing Information System of Records, 31958-31962 [2013-12388]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Notices]
[Pages 31958-31962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12388]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2013-0038]


Privacy Act of 1974; Department of Homeland Security U.S. Customs 
and Border Protection-007-Border Crossing Information System of Records

AGENCY: Privacy Office, Department of Homeland Security.

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, U.S. Customs and Border Protection proposes to 
update and reissue a current Department of Homeland Security system of 
records titled, ``Department of Homeland Security, U.S. Customs and 
Border Protection-007--Border Crossing Information System of Records.'' 
This system of records allows U.S. Customs and Border Protection to 
collect and maintain records on border crossing information for all 
individuals who enter, are admitted or paroled into, and--where 
available--exit from the United States, regardless of method or 
conveyance. This border crossing information includes certain 
biographical information; a photograph; certain itinerary information 
mandated or provided on a voluntary basis by air, sea, bus, and rail 
carriers or any other forms of passenger transportation; and the time 
and location of the border crossing.
    This system of records notice was previously published in the 
Federal Register on July 25, 2008 (73 FR 43457). A Final Rule exempting 
portions of this system from certain provisions of the Privacy Act was 
published on February 3, 2010 (75 FR 5491). As part of DHS's ongoing 
effort to increase transparency regarding its collection of 
information, DHS/CBP is updating (1) the categories of individuals to 
include persons entering Canada from the United States, (2) the 
categories of records to include border crossing data from Canada, (3) 
the sources of information to include data provided by the Canada 
Border Services Agency (CBSA), and (4) the routine uses to include the 
sharing of border crossing information with Canada. Additional routine 
uses were edited for clarity and for ease of use and understanding. In 
addition, DHS/CBP made non-substantive edits to the exemptions to 
ensure clarity.
    DHS/CBP is updating this system of records notice to provide notice 
of the Beyond the Border (BTB) Entry/Exit Program with Canada. Through 
the Entry/Exit, the United States and Canada will exchange border 
crossing information about certain third-country nationals, permanent 
residents of Canada, and lawful permanent residents of the United 
States, at all automated land border ports of entry.
    The exemptions for the existing system of records notice (July 25, 
2008, 73 FR 43457) will continue to apply for this updated system of 
records notice and DHS will include this system in its inventory of 
record systems.
    Dates and Comments: Submit comments on or before June 27, 2013. In 
particular, comments are requested concerning the application of the 
exemptions to the newly added categories of individuals, categories of 
records, routine uses, and sources of information for this system. This 
updated system will be effective June 27, 2013.

ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0038 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting 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, please visit https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Laurence E. Castelli (202-325-0280), Privacy Officer, U.S. Customs and 
Border Protection, 90 K Street NE., Washington, DC 20229. For privacy 
questions, please contact: Jonathan R. Cantor, (202) 343-1717, Acting 
Chief Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

[[Page 31959]]

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) U.S. Customs and Border 
Protection (CBP) proposes to update and reissue a current DHS system of 
records titled, ``DHS/CBP-007--Border Crossing Information (BCI) System 
of Records.''
    The priority mission of CBP is to prevent terrorists and terrorist 
weapons from entering the country while facilitating legitimate travel 
and trade. To facilitate this mission, CBP maintains border crossing 
information for all individuals who enter, are admitted or paroled 
into, and--where available--exit from the United States, regardless of 
method or conveyance. This border crossing information includes certain 
biographical information; a photograph; certain itinerary information 
mandated or provided on a voluntary basis by air, sea, and rail 
carriers or any other forms of passenger transportation; and the time 
and location of the border crossing. This border crossing information 
resides on the TECS information technology platform. As part of DHS's 
ongoing effort to increase transparency regarding its collection of 
information, DHS/CBP is updating this system of records to provide 
notice to the public about the update and expansion of the (1) 
categories of individuals, (2) categories of records, (3) sources of 
information for this system, and (4) routine uses. DHS/CBP previously 
published this system of records notice in the Federal Register on July 
25, 2008 (73 FR 43457).
    As part of DHS/CBP's overall border security and enforcement 
missions, CBP is the agency responsible for collecting and reviewing 
border crossing information from travelers entering and departing the 
United States. Upon arrival in the United States, all individuals 
crossing the border are subject to CBP processing. As part of this 
clearance process, each traveler entering the United States must first 
establish his or her identity, nationality, and admissibility, as 
applicable, to the satisfaction of a CBP officer. Additionally, CBP 
creates a record of an individual admission or parole into the United 
States at a particular time and port of entry. CBP also collects 
information about individuals as they exit the United States for law 
enforcement purposes and to document the border crossing.
    To further CBP's immigration and law enforcement missions, as well 
as facilitate cross-border travel, CBP is expanding the sharing of 
border crossing information collected from individuals as part of the 
Beyond the Border Entry/Exit Program. The program is divided into three 
phases. The first phase was a 90-day pilot program that tested the 
ability of DHS/CBP to match the data received from the Canada Border 
Services Agency (CBSA) to DHS/CBP existing entry records. Following the 
completion of the data match, DHS/CBP destroyed all data received 
through the pilot program.
    The Beyond the Border Entry/Exit program is now entering the second 
phase, during which both countries intend to exchange border crossing 
information for third-country nationals, permanent residents of Canada, 
and lawful permanent residents of the United States at all automated 
land border ports of entry. CBP will not share information for U.S. 
citizens, Canadian citizens, asylees, refugees, individuals who have 
obtained a T, U, or Violence Against Women Act (VAWA) visa, or when the 
individual's citizenship is unknown. Individuals with a T, U, or VAWA 
visa fall under the U.S. government's victim protection visa program, 
which includes victims of human trafficking and domestic violence.
    A future third phase is planned to allow CBP and CBSA to exchange 
entry data including U.S. citizens entering the U.S. and Canadian 
citizens entering Canada at any land port of entry between the U.S. and 
Canada. This exchange of border crossing entry information will assist 
both countries so that the record of an entry into one country 
establishes an exit record from the other, ultimately supporting each 
country in their immigration and law enforcement missions, as well as 
facilitating cross-border travel.
    CBP may collect the border crossing information stored in this 
system of records through a number of ways. For example, CBP may 
collect information from: (1) Travel documents, such as foreign 
passport, presented by the individual at CBP ports of entry when the 
individual provided no advance notice of the border crossing to CBP; 
(2) carriers who submit information in advance of travel through the 
Advance Passenger Information System (APIS) (DHS/CBP-005--Advance 
Passenger Information System (November 18, 2008, (73 FR 68435)); (3) 
information stored in DHS/CBP-002--Global Enrollment System (GES) 
January 16, 2013 (78 FR 3441), as part of a trusted or registered 
traveler program; (4) non-federal governmental authorities that have 
issued valid travel documents approved by the Secretary of the 
Department of Homeland Security, such as an Enhanced Driver's License 
(EDL); (5) another Federal Agency that has issued a valid travel 
document, such as Department of State Visa, Passport including Passport 
Card, or Border Crossing Card data; or (6) the CBSA pursuant to the 
Beyond the Border Entry/Exit Program. When a traveler is admitted, 
paroled into, or departs from the United States, the traveler's 
biographical information, photograph (when available), and crossing 
details (time and location) will be maintained in accordance with this 
BCI system of records.
    DHS/CBP is updating the categories of individuals to include 
persons entering Canada from the United States for all individuals who 
enter, are admitted or paroled into, and--where available--exit from 
the United States, regardless of method or conveyance. This border 
crossing information includes certain biographical information; a 
photograph; certain itinerary information mandated or provided on a 
voluntary basis by air, sea, and rail carriers or any other forms of 
passenger transportation; and the time and location of the border 
crossing.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/CBP-007--Border Crossing Information (BCI) may be 
shared with other DHS components that have a need to know the 
information to carry out their national security, law enforcement, 
immigration, intelligence, or other homeland security function. In 
addition, information may be shared with appropriate federal, state, 
local, tribal, territorial, foreign, or international government 
agencies consistent with the routine uses set forth in this system of 
records notice (SORN).
    Through this updated SORN, DHS is requesting comment on the 
application of these exemptions to the newly added categories of 
individuals,> categories of records, sources of information, and 
routine uses for this system.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which federal government 
agencies collect, maintain, use, and disseminate 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 from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. The Privacy Act 
defines an individual to encompass U.S. citizens and lawful permanent 
residents. As a matter of policy, DHS extends

[[Page 31960]]

administrative Privacy Act protections to all individuals when systems 
of records maintain information on U.S. citizens, lawful permanent 
residents, and visitors.
    Below is the description of the DHS/CBP-007--Border Crossing 
Information (BCI) 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)/U.S. Customs and Border 
Protection (CBP)-007
System Name:
    DHS/CBP-007--Border Crossing Information (BCI)

Security classification:
    Unclassified, Sensitive, For Official Use Only, Law Enforcement-
Sensitive.

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

Categories of individuals covered by the system:
    Individuals covered by BCI consist of persons, including U.S. 
citizens, lawful permanent residents, and immigrant and non-immigrant 
aliens who lawfully cross the United States border by air, land, or 
sea, regardless of method of transportation or conveyance. This system 
also contains information about certain individuals, excluding known 
U.S. or Canadian citizens, who enter Canada from the United States.

Categories of records in the system:
     Full name (First, Middle, and Last);
     Date of birth;
     Gender;
     Travel document type (e.g., passport information, 
permanent resident card, Trusted Traveler Program card), number, 
issuing country or entity, and expiration date;
     Photograph (when available);
     Country of citizenship;
     Radio Frequency Identification (RFID) tag number(s) (if 
land/sea border crossing);
     Date/time of crossing;
     Lane for clearance processing;
     Location of crossing;
     Secondary Examination Status, and
     License Plate number (or Vehicle Identification Number 
(VIN), if no plate exists; only for land border crossings).
    When applicable, information derived from an associated APIS 
transmission, including:
     airline carrier code;
     flight number;
     vessel name;
     vessel country of registry/flag;
     International Maritime Organization number or other 
official number of the vessel;
     voyage number;
     date of arrival/departure;
     foreign airport/port where the passengers and crew members 
began their air/sea transportation to the United States;
     for passengers and crew members destined for the United 
States, the location where the passenger and crew members will undergo 
customs and immigration clearance by CBP;
     for passengers and crew members who are transiting through 
(and crew on flights over flying) the United States and not clearing 
CBP, the foreign airport/port of ultimate destination, and status on 
board (whether an individual is crew or non-crew), and
     for passengers and crew departing the United States, the 
final foreign airport/port of arrival.

To the extent private aircraft operators and carriers operating in the 
land border environment may transmit APIS, either voluntarily or 
pursuant to a legal mandate, similar information may also be recorded 
in BCI by CBP with regard to such travel.
    In the land border environment for both arrival and departure (when 
departure information is available), CBP also collects the License 
Plate number of the conveyance (or VIN number when no plate exists).
    Under the Entry/Exist Program with Canada, records may also include 
border crossing data from the CBSA, including:
     Name (First, Middle, Last);
     Date of Birth;
     Nationality (citizenship);
     Gender;
     Document Type;
     Document Number;
     Document Country of Issuance;
     Port of entry location (Port code);
     Date of entry, and
     Time of entry.

Authority for maintenance of the system:
    Authority for BCI comes from the Enhanced Border Security and Visa 
Entry Reform Act of 2002, Public Law 107-173, 116 Stat. 543 (2002); the 
Aviation and Transportation Security Act of 2001, Public Law 107-71, 
115 Stat. 597 (2001); the Intelligence Reform and Terrorism Prevention 
Act of 2004, Public Law 108-458, 118 Stat. 3638 (2004); the Immigration 
and Nationality Act, as amended, including 8 U.S.C. 1185 and 1354; and 
the Tariff Act of 1930, as amended, including 19 U.S.C. 66, 1433, 1454, 
1485, 1624 and 2071.

Purpose(s):
    CBP collects and maintains this information to assist in screening 
persons arriving in or departing from the United States; to determine 
identity, citizenship, and admissibility; and to identify persons who 
may be or are suspected of being a terrorist or having affiliations to 
terrorist organizations, have active warrants for criminal activity, 
are currently inadmissible or have been previously removed from the 
United States, or have been otherwise identified as potential security 
risks or raise a law enforcement concern. For immigrant and non-
immigrant aliens, the information is also collected and maintained in 
order to ensure that the information related to a particular border 
crossing is available for providing any applicable benefits related to 
immigration or other enforcement purposes. Lastly, CBP maintains this 
information in BCI to retain a historical record of persons crossing 
the border for law enforcement, counterterrorism, and benefits 
processing.

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 (DOJ), including U.S. Attorney 
Offices, or other federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or 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 or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The U.S. or any agency thereof.
    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 (NARA) or 
General Services Administration pursuant to records management

[[Page 31961]]

inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS' 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, when 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, tribal, local, or foreign 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, or 
license, when DHS believes the information would assist enforcement of 
applicable civil or criminal laws.
    I. To the Canada Border Services Agency for law enforcement and 
immigration purposes, as well as to facilitate cross-border travel, 
when an individual enters the United States from Canada.
    J. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations when 
DHS reasonably believes there to be a threat or potential threat to 
national or international security for which the information may be 
relevant in countering the threat or potential threat.
    K. To a federal, state, tribal, or local agency, other appropriate 
entity or individual, or foreign governments, in order to provide 
relevant information related to intelligence, counterintelligence, or 
antiterrorism activities authorized by U.S. law, Executive Order, or 
other applicable national security directive.
    L. To an organization or individual in either the public or private 
sector, either foreign or domestic, when there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, or when the information is relevant 
and necessary to the protection of life or property.
    M. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purposes of protecting the vital interests of a data subject or 
other persons, including to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease, to combat other significant public health 
threats, or to provide appropriate notice of any identified health 
threat or risk.
    N. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations, or in response to a subpoena, or in connection with 
criminal law proceedings.
    O. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation.
    P. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations when 
DHS is aware of a need to use relevant data for purposes of testing new 
technology and systems designed to enhance BCI.
    Q. 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 
may be stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by name or other personal identifiers 
listed in the categories of records, above.

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 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:
    CBP is working with NARA to develop the appropriate retention 
schedule based on the information below. For persons CBP determines to 
be U.S. Citizens (USC) and Lawful Permanent Residents (LPR), 
information in BCI that is related to a particular border crossing is 
maintained for fifteen years from the date when the traveler was 
admitted or paroled into or departed the U.S., at which time it is 
deleted from BCI. For non-immigrant aliens, the information will be 
maintained for seventy-five (75) years from the date of admission/
parole into or departure from the United States in

[[Page 31962]]

order to ensure that the information related to a particular border 
crossing is available for providing any applicable benefits related to 
immigration or for other law enforcement purposes. For non-immigrant 
aliens who become USCs or LPRs following a border crossing that leads 
to the creation of a record in BCI, the information related to border 
crossings prior to that change in status will follow the 75-year 
retention period. All information regarding border crossing by such 
persons following their change in status will follow the 15-year 
retention period applicable to USCs and LPRs. For all travelers, 
however, BCI records linked to active law enforcement lookout records, 
DHS/CBP matches to enforcement activities, and/or investigations or 
cases will remain accessible for the life of the primary records of the 
law enforcement activities to which the BCI records may relate, to the 
extent retention for such purposes exceeds the normal retention period 
for such data in BCI.

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:
    DHS allows persons (including foreign nationals) to seek 
administrative access under the Privacy Act to information maintained 
in BCI. However, 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. 
DHS/CBP, however, 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 CBP 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 and Chief Freedom of Information Act Officer, 
Department of Homeland Security, 245 Murray Lane 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. Sec.  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 Chief 
Privacy Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
     Explain 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; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
and
    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 the above 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 contains certain data received from individuals who 
arrive in, depart from, or transit through the United States. This 
system also contains information collected from carriers that operate 
vessels, vehicles, aircraft, and/or trains that enter or exit the 
United States, including private aircraft operators. The system also 
contains border crossing information received from CBSA.

Exemptions claimed for the system:
    No exemption shall be asserted with respect to border crossing 
information about an individual maintained in the system. In addition 
to the disclosures generally permitted under 5 U.S.C. 552a(b) of the 
Privacy Act, 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 agency has sought particular 
records may affect ongoing law enforcement activities. The Secretary of 
Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), exempted this 
system from the following provisions of the Privacy Act: Sections 
(c)(3), (e)(8), and (g) of the Privacy Act of 1974, as amended, as is 
necessary and appropriate to protect this information. Further, DHS has 
exempted section (c)(3) of the Privacy Act of 1974, as amended, 
pursuant to 5 U.S.C. 552a(k)(2) as is necessary and appropriate to 
protect this information.

    Dated: May 16, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-12388 Filed 5-24-13; 8:45 am]
BILLING CODE 9111-14-P