[Federal Register Volume 68, Number 239 (Friday, December 12, 2003)]
[Notices]
[Pages 69412-69414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30761]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

[DHS/ICE-CBP-001]


Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security (DHS).

ACTION: Notice of Privacy Act System of Records.

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

SUMMARY: This notice addresses the previously established ADIS system, 
a portion of which is the U.S. Visitor and Immigrant Status Indicator 
Technology (US-VISIT) program. This notice allows the ADIS system to 
collect biometric and biographic data for US-VISIT. US-VISIT has 
created a new business process that integrates and enhances the 
capabilities of existing systems, including the ADIS system.

DATES: Written comments must be submitted on or before January 12, 
2004.

ADDRESSES: Please address your comments to the Privacy Office, U.S. 
Department of Homeland Security, Washington, DC 20528. You must 
identify the Docket Number DHS/ICE-CBP-001 at the beginning of your 
comments, and you should submit two copies of the comments. You may 
also submit comments via e-mail at

[[Page 69413]]

[email protected]. Please reference the Docket Number shown above in the 
subject line of the e-mail. If you wish to receive confirmation that 
DHS has received your comments, please include a self-addressed, 
stamped postcard with your request. DHS will make comments received 
available online at http://www.dhs.gov.

FOR FURTHER INFORMATION CONTACT: If you have any questions about this 
notice, please call Nuala O'Connor Kelly, Chief Privacy Officer, U.S. 
Department of Homeland Security, Washington, DC 20528, Phone: 202-282-
8000; Fax 202-772-5036.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
as amended, 5 U.S.C. 552a, the DHS is publishing this notice regarding 
an existing system of records, known as the Arrival and Departure 
Information System (ADIS). This system is intended to provide biometric 
and biographic information for US-VISIT. The purpose of the amended 
system is to support US-VISIT to record information pertinent to the 
arrival and departure of immigrants and nonimmigrants to and from the 
United States.
    The DHS intends to compile and maintain these records in a secure 
electronic database serviced and maintained by Federal agency and or 
contractor personnel who will be bound by the restrictions of the 
Privacy Act. The records will ultimately be under the general 
supervision of components of the DHS, with technical support from the 
DHS's Office of the Chief Information Officer.
    System records will be subject to appropriate safeguards to prevent 
unauthorized disclosure or tampering.
DHS/ICE CBP-001-03

System Name:
    Arrival and Departure Information System (ADIS).

System Location:
    Department of Homeland Security (DHS) field offices for the U.S. 
Immigration and Customs Enforcement (ICE), Bureau of Customs and Border 
Protection (CBP), and the U.S. Citizenship and Immigration Services 
(USCIS); Service Centers; Border Patrol Sectors (including all offices 
under their jurisdiction); Ports of Entry; Asylum offices and other 
offices as detailed in DHS-DS-999, last published in the Federal 
Register on October 17, 2002 (67 FR 64136) and on the web page of each 
bureau (i.e., http://www.bice.immigration.gov, http://www.bcbp.gov, and 
http://www.uscis.immigration.gov); Office of National Risk Assessment 
(ONRA).

Categories of Individuals Covered By the System:
    The ADIS database contains arrival/departure, biographic and 
biometric indicator information on immigrants and nonimmigrants 
entering and departing the United States. The ADIS database contains 
biographic arrival/departure information on legal permanent residents. 
Although this system primarily consists of immigrants, nonimmigrants 
and Lawful Permanent Residents, some of them may change status and 
become Lawful Permanent Residents and U.S. citizens. For the purposes 
of the U.S. Visitor Immigrant Status Indicator Technology (US-VISIT) 
program, non-U.S. citizens who present themselves for entry into and/or 
exit from the United States including individuals subject to the 
requirements and processes of US-VISIT are included in ADIS. 
Individuals covered under US-VISIT include those who are not U.S. 
citizens or Lawful Permanent Residents at the time of entry or exit or 
are U.S. citizens or Lawful Permanent Residents who have not identified 
themselves as such at the time of entry or exit.

Categories of Records in the System:
    The ADIS database is a centralized application designed to create, 
update and report immigrants' and nonimmigrants' arrivals and 
departures to and from the United States. The system also contains 
biographic, biometric indicator and address information.

Authority for Maintenance of the System:
    8 U.S.C. 1365a.

Purpose(s):
    This system of records is established and maintained to enable DHS 
to carry out its assigned national security, law enforcement, 
immigration control, national security and other mission-related 
functions and to provide associated management reporting, planning and 
analysis. Specifically, the ADIS database is a system of records 
tracking immigrants, nonimmigrants and Lawful Permanent Residents 
arriving in and departing from the United States. It enables the 
Secretary of Homeland Security to identify, through on-line searching 
procedures, lawfully admitted nonimmigrants who remain in the United 
States beyond the period of authorized stay, and to analyze information 
gathered for the purpose of this and other DHS programs. In addition to 
arrival and departure information, each record also provides complete 
name, date of birth, nationality, gender, passport number and country 
of issuance, country of residence, U.S. visa number including date and 
place of issuance if applicable, alien registration number if 
applicable, immigration status, complete address while in the United 
States, and Fingerprint Identification Number System (FINS) number. The 
system assists the DHS in supporting immigration inspection at POEs by 
providing quick retrieval of biographic and biometric indicator data on 
individuals who may be inadmissible to the United States. Furthermore, 
the system interfaces with the Student and Exchange Visitor Information 
System (SEVIS), the Computer Linked Applications Information Management 
System (CLAIMS), the Passenger Processing Component of the Treasury 
Enforcement Communications System (TECS) and the Automated Fingerprint 
Identification System (IDENT). It facilitates the investigation process 
of individuals who may have violated their immigration status.

Routine Uses of Records Maintained in the System Including Categories 
of Users and Purpose of Such Uses:
    Relevant information contained in this system of records may be 
disclosed as follows:
    A. To appropriate government agencies or organizations(regardless 
of whether they are Federal, State, local, foreign, or tribal), 
lawfully engaged in collecting law enforcement intelligence information 
(whether civil or criminal) and/or charged with investigating, 
prosecuting, enforcing or implementing civil and/or criminal laws, 
related rules, regulations or orders, to enable these entities to carry 
out their law enforcement responsibilities.
    B. To an attorney or representative who is acting on behalf of an 
individual covered by this system of records as defined in 8 CFR 1.1(j) 
in any proceeding before the Executive Office for Immigration Review.
    C. In a proceeding before a court, grand jury, or adjudicative body 
when records are determined by the Department of Homeland Security to 
be arguably relevant to the proceeding where any of the following is a 
party: (1) The DHS, or any DHS component, or subdivision thereof; (2) 
any DHS employee in his or her official capacity; (3) any DHS employee 
in his or her individual capacity when the DHS has agreed to represent 
the employee or has authorized a private attorney to represent him or 
her; and (4) the United States, where the DHS or its components are 
likely to be affected.

[[Page 69414]]

    D. To a member of Congress or staff acting on the Member's behalf 
when the Member or staff requests the information on behalf of and at 
the request of the individual who is the subject of the record.
    E. To the General Service Administration and the National Archives 
and Records Administration (NARA) in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    F. To the news media and the public 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 the Department 
or is necessary to demonstrate the accountability of the Department'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.
    G. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal government, when 
necessary to accomplish an agency function related to this system of 
records.
    H. To a former employee of the Department for purposes of 
responding to an official inquiry by a Federal, State, or local 
government entity or professional licensing authority in accordance 
with applicable Department regulations, or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.
    I. To a Federal, State, tribal, local or foreign government agency 
in response to its request, in connection with the hiring or retention 
by such agency of an employee, the issuance of a security clearance, 
the reporting of an investigation of such an employee, the letting of a 
contract, or the issuance of a license, grant, loan or other benefit by 
the requesting agency, to the extent that the information is relevant 
and necessary to the requesting agency's decision on the matter.

policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system
Storage:
    These records are stored in a central computer database.

Retrievability:
    These records may be searched on a variety of data elements 
including name, place and date of entry or departure, country of 
citizenship, admission number, and FINS number used to track the 
particular fingerprints.

Safeguards:
    The system is protected through a multi-layer security approach. 
The protective strategies are physical, technical, administrative and 
environmental in nature and provide access control to sensitive data, 
physical access control to DHS facilities, confidentiality of 
communications, authentication of sending parties, and personnel 
screening to ensure that all personnel with access to data are screened 
through background investigations commensurate with the level of access 
required to perform their duties.

Retention and Disposal:
    Records will be retained for 100 years. This policy proposal for 
retention and disposal of records in the ADIS database is pending 
approval by the NARA.

System Manager(s) and Address:
    Program Manager, ADIS Program Management Office, 1616 North Fort 
Myer Drive, Arlington, VA 22209.

Notification Procedure:
    Address inquiries to the system manager identified above.

Records Access Procedure:
    Since the Privacy Act applies to only U.S. citizens and legal 
permanent residents, this notice covers only U.S. citizens and Lawful 
Permanent Residents whose information is contained in this system. Make 
all requests for access in writing and by mail to the system manager 
noted above. The envelope and letter shall be clearly marked Privacy 
Access Request. Include a description of the general subject matter, 
the related file number if known, and any other identifying information 
which may be of assistance in locating the record. To identify a 
record, the requester should provide his or her full name, date and 
place of birth, verification of identity in accordance with 8 CFR 
103.21(b). The requester shall also provide a return address for 
transmitting the records to be released.

Contesting Records Procedures:
    The following procedures cover only U.S. citizens and Lawful 
Permanent Residents whose information is contained in this system. U.S. 
citizens and Lawful Permanent Residents who wish to contest or seek 
amendment of their records should direct a written request to the 
system manager. The request should include the requestor's full name, 
current address and date of birth, a copy of the record in question, 
and a detailed explanation of the change sought. If the matter cannot 
be resolved by the system manager, further appeal for resolution may be 
made to the DHS Privacy Office.

Record Source Categories:
    Basic information is obtained from individuals, the individuals' 
attorney or representative, DHS and DOS officials, and other Federal, 
State, and local officials.

Systems Exempted from Certain Provisions of the Act:
    The Secretary of Homeland Security has exempted this system from 
subsections (c)(3) and (4), (d), (e)(1), (2), and (3), (e)(4)(G) and 
(H), (e)(5) and (8), and (g) of the Privacy Act pursuant to 5 U.S.C. 
552a(j)(2). In addition, the Secretary of Homeland Security has 
exempted portions of this system from subsections (c)(3), (d), (e)(1), 
(e)(4)(G) and (H) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). 
These exemptions apply only to the extent that records in the system 
are subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).

    Dated: December 8, 2003.
Nuala O'Connor Kelly,
Chief Privacy Officer.
[FR Doc. 03-30761 Filed 12-9-03; 12:02 pm]
BILLING CODE 4410-10-P