[Federal Register Volume 70, Number 149 (Thursday, August 4, 2005)]
[Notices]
[Pages 44934-44938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15487]


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DEPARTMENT OF HOMELAND SECURITY

[DHS 2005-0011]
RIN 1650-AA01


United States Visitor and Immigrant Status Indicator Technology 
Program; Notice on Automatic Identification of Certain Nonimmigrants 
Exiting the United States at Select Land Border Ports-of-Entry

AGENCY: Border and Transportation Security Directorate, Department of 
Homeland Security.

ACTION: Notice with request for comments.

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SUMMARY: The Department of Homeland Security has established the United 
States Visitor and Immigrant Status Indicator Technology Program, an 
integrated, automated entry-exit system that records the arrival and 
departure of aliens; verifies aliens' identities; and authenticates 
aliens' travel documents through comparison of biometric identifiers. 
On August 31, 2004, the Department of Homeland Security implemented the 
second phase of the United States Visitor and Immigrant Status 
Indicator Technology Program by publishing an interim rule in the 
Federal Register authorizing collection of biometric data from 
travelers upon admission at the 50 most highly trafficked land border 
ports-of-entry. This Notice informs the public of the further expansion 
of the second phase of the program by establishing a limited testing or 
proof of concept protocol for automatically documenting the exits and 
any subsequent re-entries of nonimmigrant travelers at five United 
States land border ports-of-entry crossings utilizing radio frequency 
identification (RFID) technology. The purpose of this testing is to 
determine if RFID technology can improve the efficiency of processing 
individuals who seek to enter or exit the United States at a land 
border port-of-entry. This program of testing will last approximately 
one year.

DATES: Effective Dates: This Notice is effective August 4, 2005. 
Written comments must be submitted on or before October 3, 2005.

ADDRESSES: You may submit comments identified by DHS-2005-0011 to the 
Docket Management Facility at the EPA. To avoid duplication, please use 
only one of the following methods:
     Web site: http://www.epa.gov/edocket. Follow the 
instructions for submitting comments at that Web site.
     Mail: Written comments may be submitted to Craig Howie, 
US-VISIT, Border and Transportation Security; Department of Homeland 
Security; 1616 North Fort Myer Drive, 18th Floor, Arlington, VA 22209.
    Submitted comments may be inspected at 1616 North Ft. Myer Drive, 
Arlington, VA 22209 between 9 a.m. and 5 p.m., Monday through Friday 
except Federal holidays. Arrangements to inspect submitted comments 
should be made in advance by calling (202) 298-5200. You may also find 
this docket on the Internet at http://www.epa.gov/edocket.

FOR FURTHER INFORMATION, CONTACT: Craig Howie, Senior Regulatory 
Analyst, US-VISIT, Border and Transportation Security, Department of 
Homeland Security, 1616 Fort Myer Drive, 18th Floor, Arlington, 
Virginia 22209, (202) 298-5200.

    Authority: 8 U.S.C. 1103, 1184, 1185, 1258, 1281, 1282, 1301-
1306, E.O. 13323.

SUPPLEMENTARY INFORMATION:

I. Statutory Authority for US-VISIT

    The Department of Homeland Security (DHS) established the United 
States Visitor and Immigrant Status Indicator Technology Program (US-
VISIT) in accordance with several statutory mandates that collectively 
require DHS to create an integrated, automated entry and exit system 
(entry-exit system) that records the arrival and departure of aliens; 
verifies the identities of aliens at a land border port-of-entry; and 
authenticates travel documents presented by such aliens through the 
comparison of biometric identifiers at a land border port-of-entry. 
Aliens subject to US-VISIT may be required to provide finger scans, 
photographs, or other biometric identifiers upon arrival in, or 
departure from, the United States. DHS views US-VISIT as a biometric 
driven program designed to enhance the security of United States 
citizens, permanent residents, and visitors while expediting legitimate 
travel and trade, ensure the integrity of the immigration system, and 
protect visitors' personal information.
    The statutes that authorize DHS to establish US-VISIT include, but 
are not limited to:
     Section 2(a) of the Immigration and Naturalization Service 
Data Management Improvement Act of 2000, Public Law 106-215, 114 Stat. 
337 (June 15, 2000);
     Section 205 of the Visa Waiver Permanent Program Act of 
2000, Public Law 106-396, 114 Stat. 1637, 1641 (Oct. 30, 2000);
     Section 414 of the Uniting and Strengthening America by 
Providing Appropriate Tools Required To Intercept and Obstruct 
Terrorism Act of 2001 (USA PATRIOT Act), Public Law 107-56, 115 Stat. 
271, 353 (Oct. 26, 2001); and
     Section 302 of the Enhanced Border Security and Visa Entry 
Reform Act of 2002 (Border Security Act) Public Law 107-173, 116 Stat. 
543, 552 (May 14, 2002).
DHS provided detailed abstracts of the particular sections of the 
statutes that established and authorized the US-VISIT program in two 
prior rulemakings. See 69 FR 468 (Jan. 5, 2004); 69 FR 53318 (Aug. 31, 
2004).
    In addition, on December 17, 2004, the Intelligence Reform and 
Terrorism Prevention Act of 2004 (IRPTA), Public Law 108-458, sec. 
7208, 118 Stat. 3638, 3817 (Dec. 17, 2004), specifically addressed 
biometric entry and exit, and subsection (c) calls for the Secretary to 
accelerate the full implementation of the US-VISIT program. The proof 
of concept protocol described within this Notice assists DHS in 
accelerating the full implementation of US-VISIT.

II. Implementation of US-VISIT, Phases One and Two

    On January 5, 2004, DHS published an interim rule in the Federal 
Register establishing US-VISIT at air and sea ports-of-entry designated 
by notice in the Federal Register. See 69 FR 468. Also on January 5, 
2004, DHS published a notice in the Federal Register, 69 FR 482, 
designating 115 airports and 14 seaports for the collection of 
biometric data from certain nonimmigrant travelers upon arrival to the 
United States under the US-VISIT program. Since January 5, 2004, 
travelers applying for admission pursuant to a nonimmigrant visa at 
designated air and seaports have been required to submit finger scans 
and photographs.
    The January 5, 2004, interim rule also provided for the Secretary 
to establish pilot programs at up to fifteen air or sea ports of entry, 
to be identified by notice in the Federal Register, through which DHS 
may require certain nonimmigrant travelers who depart from a designated 
air or sea port-of-entry to provide specified biometric identifiers and 
other evidence at the time of departure. See 8 CFR 215.8. On January 5, 
2004, DHS published a notice in the Federal

[[Page 44935]]

Register, 69 FR 482, identifying the implementation of exit pilot 
programs at Baltimore-Washington International Airport (BWI) and the 
Miami Seaport. DHS has also implemented exit pilot programs at an 
additional 13 ports of departure, as identified by Notice in the 
Federal Register on August 3, 2004. See 69 FR 46556.
    On August 31, 2004, DHS regulations were amended to implement the 
second phase of US-VISIT by expanding the program to the 50 most highly 
trafficked land border ports-of-entry in the United States as directed 
under section 110 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, Pub. L. 104-208, div. C, sec. 110, 110 
Stat. 3009-558 (Sept. 30, 1006), as amended (8 U.S.C. 1365a(d)(2)). 
This interim rule also expanded the population of nonimmigrant aliens 
subject to US-VISIT biometric data collection. Biometric data 
collection at the time of entry for those nonimmigrants subject to US-
VISIT was implemented at the 50 most highly trafficked United States 
land border ports-of-entry by December 31, 2004, and to nonimmigrants 
applying for admission to the United States under the provisions of the 
Visa Waiver Program. The list of the 50 most highly trafficked United 
States land border ports-of-entry was published in a Federal Register 
notice on November 9, 2004. See 69 FR 64964. This Notice also advised 
the public that DHS planned, via a future notice, to begin another 
pilot program on biometric data collection at the time of an alien's 
exit from the United States at select land border port-of-entry 
crossings. As has been noted in previously published DHS interim rules, 
staggering the implementation of US-VISIT, starting with a few initial 
locations, will enable DHS to test the system and identify areas where 
the process for collection of biometric information may be improved.

III. Automatic Identification at Exit and Subsequent Re-entry at United 
States Land Ports-of-Entry

A. Radio Frequency Identification Technology

    The interim rule of August 31, 2004 amended the DHS regulations, 8 
CFR 215.8(a)(1), to allow for the development of pilot programs that 
document when a nonimmigrant traveler exits from the United States at a 
designated land border port-of-entry. This Notice provides the public 
with information on how DHS plans to test exit and entry control 
through the use of passive radio frequency identification (RFID) 
technology at five United States land border locations.
    RFID is a technology that is similar, in theory, to bar code 
identification. In both technologies, a tag is scanned to retrieve an 
identifying number that is used to find information contained in a 
database. An RFID tag contains an antenna and chip that stores data. 
The tag receives and responds to radio frequency queries from an RFID 
reader. There are a number of different types of RFID tags. Entirely 
passive tags use the energy from the radio frequency query to provide 
power to the chip on the tag and to reflect the information stored on 
the chip back to the reader. Because the reader's energy is used in 
this way there is limited power available to store the information and 
retrieve during a read. Accordingly, the amount of information stored 
is limited to an identifying number. At the other end of the spectrum, 
some active RFID tags can affirmatively transmit radio signals 
containing substantive information contained in the tag to any reader 
that has the capability of reading the tag.
    Passive RFID tags do not have their own power supply. In passive 
RFID technology, the incoming radio frequency provides all of the power 
for the tag to send a response. The response of a passive RFID tag is 
necessarily brief: typically just a unique identification number. 
Passive tags have limited read ranges, reader power levels and local 
factors. Based on these variables, reliable reads can be received from 
a few inches to as much as 30 feet away from the reader. Longer reads 
are impractical with passive tags.
    In contrast, active RFID tags must have a power source and have 
larger memories than passive tags. An active RFID tag may store a 
substantial amount of substantive information that may be transmitted 
to any reader with the capability of reading the tag. Active tags are 
used, for example, by many States to automatically collect tolls on 
highways, such as EZ-PASS, and these devices generate an identifying 
signal to a receiver at a toll plaza.
    The RFID tags that will be tested by US-VISIT under this Notice are 
passive and will contain only the unique identification number from the 
tag embedded in the U.S. Citizenship and Immigration Services (USCIS) 
forms which usually are issued by Bureau of Customs and Border 
Protection (CBP) agents to nonimmigrant aliens upon entry into the 
United States. Upon arrival into the United States at a land border 
port-of-entry, a CBP agent will provide a nonimmigrant traveler with a 
USCIS Form I-94 (white), Arrival/Departure Record, or Form I-94W 
(green), Nonimmigrant Visa Waiver Arrival/Departure Form. These forms 
ask for basic identification information and the address where the 
traveler will stay while in the United States. The Form I-94W is issued 
to nonimmigrant travelers admitted to the United States under the 
provisions of the Visa Waiver Program.
    The chip that will be imbedded in the USCIS forms at identified 
land border ports-of-entry participating in the test will not contain 
any information about the individual traveler. The chip will contain 
only a unique identifier for the specific Form I-94. This program will 
test the optimal distance at which the tag can be read during the 
traveler's exit and any subsequent re-entry and the tag's effectiveness 
and accuracy. For example, when a traveler leaves the United States 
from one of the identified land border ports-of-entry, either on foot 
or in a vehicle, the traveler's tag will be read and documented when 
the traveler passes through a specially designed gantry on which hang 
RFID antennas. If this traveler has a multiple entry I-94 and 
subsequently applies for re-admission, the RFID tag will be read as the 
traveler approaches the port-of-entry, again either on foot or in a 
vehicle. At that point, the US-VISIT computer systems will call up the 
associated information about the traveler more quickly and that 
information will be available when the traveler presents the multiple-
entry Form I-94 before the inspecting officer. As noted above, the Form 
I-94 chip will contain no information about the individual, other than 
a unique number that has no meaning except to US-VISIT computer systems 
that are being operated by DHS.
    DHS, through CBP, has utilized radio frequency technology for many 
years in several dedicated commuter lane programs at United States land 
border ports-of-entry--in particular the Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI) program along the southern border 
with Mexico and the dedicated commuter lane system (NEXUS) along the 
northern border with Canada. This Notice does not eliminate or replace 
any of the currently used dedicated commuter lane programs at United 
States land border ports-of-entry, or programs designed to assist the 
flow of international commercial cargo, such as the Automated 
Commercial Environment (ACE) program.

B. Radio Frequency Technology for Automatic Identification

    As noted above, DHS, through CBP, has utilized RFID technology for 
many years in several dedicated commuter

[[Page 44936]]

lane programs at United States land border ports-of-entry. Taking this 
concept one step further, DHS plans to test the use of RFID technology 
to match data gathered at the time of entry and exit at certain proof 
of concept ports of entry with a traveler's biographic and/or biometric 
information that was collected when the traveler was initially admitted 
to the United States at a proof of concept land border port-of-entry 
and issued Form I-94 or I-94W.
    As noted above, DHS, through CBP, has utilized RFID technology for 
many years in several dedicated commuter lane programs at United States 
land border ports-of-entry. Taking this concept one step further, DHS 
plans to test using RFID technology in the following way: matching the 
biographic and/or biometric data collected when a traveler is initially 
admitted to the United States at a proof of concept land border port-
of-entry and issued Form I-94 or I-94W with the data collected, by way 
of RFID technology, at the time of the traveler's exit and if 
applicable re-entry at a land border proof of concept port-of-entry.
    For this proof of concept, DHS plans to embed an RFID tag into the 
paper stock of the Form I-94 and plans to use RFID passive tags. The 
tag will be powered by the radio frequencies transmitted by 
transceivers that will be mounted at both vehicular and pedestrian exit 
lanes at select land border ports-of-entry. When travelers either drive 
or walk through the port-of-entry to leave the United States, the 
transceivers will send out a harmless radio wave frequency that will 
power the DHS-issued RFID tag to transmit back a unique identifier code 
number. This code number, when received by the transceivers, will be 
relayed back to secure DHS computer systems and matched with the 
biographic and/or biometric data of the traveler. DHS will be able to 
automatically identify and document the exits and, if applicable, the 
subsequent re-entry of select travelers at the United States land 
border ports-of-entry identified in the proof of concept protocol.

C. RFID-Embedded Form I-94 Issuance and US-VISIT Enrollment Process

    For purposes of automatic identification, all nonimmigrant 
travelers issued a Form I-94 or Form I-94W at a proof of concept United 
States land border port-of-entry will be issued a Form I-94 or Form I-
94W that has an RFID tag embedded in the paper stock. DHS will issue an 
RFID-embedded Form I-94 to all applicable travelers because such 
travelers are required under the current US-VISIT program to comply 
with the biographic data collection requirements of the admission and 
exit process, regardless of whether the traveler has had his or her 
biometrics collected and thereby enrolled in the US-VISIT program. This 
is an important distinction. A traveler exempt from US-VISIT enrollment 
is not screened using biometrics, but is screened using biographic 
information, including entry and exit information, that is maintained 
on the traveler in various DHS databases. An automatic identification 
tag embedded in the Form I-94 or Form I-94W issued to a traveler exempt 
from US-VISIT will not read back against any biometric-driven database 
maintained by DHS, but will ``point'' to the biographic information 
within DHS databases. Issuing automatic identification tags to all 
nonimmigrant travelers issued a Form I-94 or Form I-94W at a proof of 
concept location is an important part of the DHS comprehensive approach 
to managing our land borders because it will provide DHS, for the first 
time, with information that will accurately document the traveler's 
exit from the United States at a land border port-of-entry.
    DHS will continue to enroll into US-VISIT at United States land 
border ports-of-entry those travelers issued Form I-94 or Form I-94W at 
the time of admission and who are not otherwise exempt from the 
biometric collection requirements. Those travelers who are otherwise 
exempt from US-VISIT enrollment, even if issued a Form I-94 or Form I-
94W at a land border port-of-entry, will continue to be exempt from US-
VISIT biometric enrollment. See 8 CFR 235.1(d)(1)(iv)(A)-(D) 
(nonimmigrant aliens for which the biometric enrollment requirements of 
the US-VISIT program do not apply). This means that Canadian citizens 
not requiring a Form I-94 (the majority of Canadians crossing the 
border at land ports-of-entry) and Mexican citizens admitted to the 
United States with a B-1/B-2 Visa and Border Crossing Card (BCC)--and 
whose intent is to abide by the requirement that they exit within 30 
days or less and the travel limitation of staying within 25 miles of 
the border (75 miles within parts of the state of Arizona)--will not be 
enrolled in US-VISIT or be issued an automatic ID tag at the time of 
admission. In addition, travelers must note that the unique automatic 
identification tag that will be issued is not a replacement for either 
a valid passport or valid nonimmigrant visa if either of these 
documents is required at the time of application for admission to the 
United States.
    Only those travelers issued Form I-94 or Form I-94W at United 
States land border ports-of-entry proof of concept locations will 
receive an automatic identification tag and, unless otherwise exempt, 
be enrolled in the US-VISIT program. Since a nonimmigrant traveler 
needing a Form I-94 at a land border port-of-entry is directed to the 
CBP secondary inspection area, CBP officers will collect biometrics 
from these travelers at the time of admission and issue the traveler an 
RFID-embedded Form I-94. At the time of issuance, the RFID tag will be 
activated and the unique code number embedded on the tag will be 
automatically linked to the traveler's biographic and/or biometric 
information that is stored in DHS databases. This procedure should 
prove to be only a modest change of the current process for issuing 
Form I-94 or Form I-94W for these select nonimmigrant travelers. 
Nothing in this Notice expands the classes of nonimmigrant travelers 
who are required issuance of a Form I-94 or Form I-94W, and DHS is not 
increasing the fee for Form I-94 or Form I-94W issuance.

D. Using the RFID Tag at Exit and Subsequent Admissions

    After a CBP officer has issued an RFID-enabled Form I-94 or Form I-
94W, travelers will need to keep the document in their possession as 
they would a regular Form I-94 (see section 264(e) of the Immigration 
and Nationality Act (the Act), 8 U.S.C. 1304(e)), and especially if 
they plan to exit the United States from one of the proof of concept 
ports-of-entry. When exiting the United States at one of the proof of 
concept ports-of-entry, the test will examine if the RFID-enabled Form 
I-94 can be read automatically, regardless of whether the traveler is 
on foot or in a vehicle. While initial testing of the reading 
capabilities of the RFID tags has shown a high read rate with little to 
no action required by the traveler, DHS will advise travelers of any 
actions they may need to take in order to guarantee that the RFID-
enabled Form I-94 is read automatically. For example, it may be 
necessary for persons traveling in a private vehicle to place the Form 
I-94s on the seat next to them while exiting the United States. DHS 
will issue guidance and instructions to all travelers issued an 
automatic identification tag as part of the Form I-94 issuance process, 
as well conduct an educational campaign in the border regions affected 
by the testing.
    Travelers issued multiple entry Form I-94s at United States land 
border proof of concept ports-of-entry will be able to use these 
documents at the time of a subsequent application for re-entry into

[[Page 44937]]

the United States. By reading the RFID tag at the time of re-entry, the 
CBP officer will be able to automatically access the traveler's 
previously collected biographic and biometric (unless exempt) 
information. In this way, the pre-positioning of previously collected 
information is similar to the operation of the current CBP NEXUS and 
SENTRI systems. DHS is testing whether the ability to read the RFID tag 
and call up the previously collected information immediately prior to 
presentation of the Form I-94 to the CBP officer will improve 
processing times for admission in primary inspection.
    DHS notes that exception scenarios will be built into the proof of 
concept process. It is inevitable that some automatic identification 
tags will become lost, damaged, or will simply not work for whatever 
technical reason. For example, some travelers, at the time of exit, may 
be in possession of an automatic identification tag issued to another 
alien, such as a person mistakenly having in his or her possession the 
I-94 of their spouse. Such situations will undoubtedly take place and 
US-VISIT and CBP will build into the standard operating procedures 
processes that will address exception scenarios such as those just 
described.
    In order to improve the ability of DHS to monitor overstays of 
authorized periods of admission, DHS anticipates that issuing to 
travelers RFID-enabled Forms I-94 or Forms I-94W will permit DHS to 
have the data associated with the automatic identification tags 
automatically checked against a number of databases, including various 
lookout systems. Such checks will be performed automatically and 
remotely by way of the automatic identification tag being read at the 
time of exit or subsequent re-entry (for those aliens with multiple 
entry Form I-94 documents). Any noted overstay of an authorized period 
of admission detected by the automatic identification capabilities at 
the time of a traveler's exit from the United States will require the 
traveler to be processed through secondary inspection for questioning 
if the traveler makes a subsequent application for admission.

E. Traveler Responsibilities

    As DHS noted in the preamble to the interim rule published in the 
Federal Register on August 31, 2004, US-VISIT continues to inform the 
public of their responsibility to comply with all United States entry 
and exit requirements. See 69 FR 53326. DHS and the Department of State 
(DOS) will review all evidence surrounding any prior travel to, and 
departure from, the United States to determine whether a traveler has 
complied with the terms of his or her admission. At the time a traveler 
subsequently applies for a visa or admission, information from US-
VISIT, including departure information derived from the proofs of 
concept outlined in this Notice, will be one factor relied upon by 
consular and CBP officers when determining whether the traveler 
complied with the terms of his or her prior admission, and whether the 
traveler should be granted a visa or be admitted.
    To that end, DHS reminds travelers of their responsibility to 
maintain in their personal possession any RFID-enabled Form I-94 or 
Form I-94W while in and when exiting the United States. See section 
264(e) of the Act, 8 U.S.C. 1304(e). Using a multiple entry RFID-
enabled Form I-94 or Form I-94W when applying for a subsequent 
admission at a proof of concept United States land border port-of-entry 
may facilitate admission. See 8 CFR 235.1(f). Travelers should also 
note that any willful attempt to tamper with or deactivate an automatic 
identification tag or to willfully and knowingly engage in practices 
such as, but not limited to, transporting another traveler's tag across 
the United States border at a proof of concept port-of-entry could 
render the traveler inadmissible under the fraud and misrepresentation 
provisions of section 212(a)(6)(C) of the Act, 8 U.S.C. 1182(a)(6)(C), 
and liable for criminal prosecution.

F. Impact on International Land Borders

    DHS wishes to stress the importance the Department is placing on 
maintaining the free flow of individuals and goods across our shared 
international land borders. To not do so would erase decades of work on 
improving the flow of individuals and goods between the United States, 
Canada and Mexico. DHS intends to use strategies for automated exit and 
re-entry that will work to foster both a safer and more secure border 
without compromising our unique border relationships with Canada and 
Mexico. To this end, DHS, in partnership with DOS, plans to work with 
the governments of Canada and Mexico to further refine the use of radio 
frequency technology along the land borders and to possibly explore 
alternative methods for documenting the exits and entries of 
individuals crossing the land borders between our respective countries.

G. Public Privacy Interests

    DHS fully realizes that individuals may be concerned about the use 
of RFID technology and personal privacy. Under the DHS plan, no 
personal information will be included or encoded on the RFID tags that 
are embedded in the Form I-94 and Form I-94W and issued to travelers 
crossing the border. The RFID tags will only contain an embedded serial 
number that has no intrinsic relationship to the individual traveler. 
Only the DHS computers and databases will be able to link the embedded 
serial number to the traveler's biographic and biometric information 
when activated at the time of an exit or subsequent application for 
admission to the United States. This biographic and biometric 
information is separately stored in secure databases used by the US-
VISIT and CBP programs in order to determine admissibility to the 
United States and for other enforcement purposes. Even if an individual 
has the capability to read a tag using an unauthorized scanning device, 
the only information gained would be a meaningless series of digits, 
not any biographic or biometric information.
    Another privacy-related issue is whether the ability exists to 
track a person's movements within the United States by way of the radio 
frequency tag issued at the time of admission. It will not be possible 
to track the whereabouts of a person in the United States because DHS 
is using non-battery powered passive tags. The tags themselves can only 
be activated by the radio wave sensors used at one of the proof of 
concept land ports-of-entry and within the port of entry. Passive radio 
frequency tags should not be confused with Global Positioning System 
(GPS) devices--including cellular phones with GPS capability--that rely 
on different technology than that used by radio frequency devices. US-
VISIT does not use global positioning technology.
    As discussed in the January 5 and August 31, 2004 interim rules, 
US-VISIT records will be protected consistent with all applicable 
privacy laws and regulations. Personal information will be kept secure 
and confidential and will not be discussed with, nor disclosed to, any 
person within or outside US-VISIT other than as authorized by law and 
as required for the performance of official duties. In addition, 
careful safeguards, including appropriate security controls, will 
ensure that the data is not used or accessed improperly. The 
Department's Chief Privacy Officer continues to review pertinent 
aspects of the program to ensure that proper safeguards and security 
controls remain in place.
    Personal information will be protected in accordance with the DHS' 
published privacy policy for US-VISIT.

[[Page 44938]]

See 69 FR 2608 (Jan. 16, 2004) (appended to privacy impact assessment). 
US-VISIT has implemented a process to facilitate the amendment or 
correction by individuals of data that are not accurate, relevant, 
timely, or complete. The full US-VISIT redress policy, including 
request form, is available at http://www.dhs.gov/us-visit. The DHS 
Privacy Office continues to exercise oversight of US-VISIT to ensure 
that the information collected and stored in IDENT and other systems 
associated with US-VISIT is being properly protected under the privacy 
laws and guidance. US-VISIT also has a program-dedicated Privacy 
Officer to handle specific inquiries and to provide additional 
oversight of the program. A full Privacy Impact Assessment was 
published in the Federal Register on July 7, 2005, at 70 FR 39300.
    Finally, DHS will continue to maintain secure computer systems that 
will ensure that the confidentiality of an individual's personal 
information is maintained. In doing so, DHS and its information 
technology personnel will comply with all laws and regulations 
applicable to government systems, such as the Federal Information 
Security Management Act of 2002, Title X, Public Law 107-296, 116 Stat. 
2259-2273 (November 25, 2002) (codified in scattered sections of titles 
6, 10, 15, 40, and 44 U.S.C.); Information Management Technology Reform 
Act (Clinger-Cohen Act), 40 U.S.C. 11101 et seq.); Computer Security 
Act of 1987, 40 U.S.C. 1441 et seq. (as amended); Government Paperwork 
Elimination Act, 44 U.S.C. 101, 3504; and Electronic Freedom of 
Information Act of 1996, 5 U.S.C. 552.
    Persons with further questions about how the US-VISIT program is 
applying the Privacy Act to enrollees may contact the US-VISIT Privacy 
Officer, Mr. Steve Yonkers, by the following means: by mail--US-VISIT 
Privacy Officer, Border and Transportation Security, Department of 
Homeland Security, 245 Murray Lane, SW., Washington, DC 20538; by 
telephone at (202) 298-5200 (not a toll-free number); or by e-mail at 
[email protected].

H. Schedule and Locations of Proof of Concept

    DHS will begin issuing RFID embedded Forms I-94 or Forms I-94W on 
or around August 4, 2005, at the following land border ports-of-entry 
crossing locations: Pacific Highway, Washington, Peace Arch, 
Washington, Alexandria Bay, New York, Nogales East, Arizona, Mariposa-
Nogales West, Arizona.
    As already noted, DHS will conduct outreach in each of the above-
noted locations. This outreach will provide those travelers issued an 
automatic identification or RFID tag, and especially those whose 
biometrics are collected at any of the above noted crossing locations, 
complete information on the proof of concept being conducted, on the 
RFID-enabled Form I-94 or Form I-94W that will be issued to travelers, 
and whether there will be the need for travelers to take any type of 
affirmative action to make sure that the automatic identification tag 
is read when the traveler next exits the United States at a proof of 
concept crossing location. This RFID test program will continue for 
approximately one year.

I. Proof of Concept Evaluation

    DHS notes that none of the radio frequency technology protocols 
outlined in this preamble will be installed at the busiest land border 
ports-of-entry until the proof of concept programs are implemented 
during the late summer and fall of 2005 and evaluated for accuracy and 
effectiveness. While DHS has experience with using radio frequency 
technology, the proof of concept will be the first instance where DHS 
is attempting to automatically document the exits of select 
nonimmigrant travelers at land border ports-of-entry. DHS will also be 
working with technical experts to determine if any new technologies--
technologies other than those based on radio frequency--are able to 
match or better the results DHS expects to receive during the proof of 
concept.
    DHS anticipates that the automatic identification proof of concept 
will continue for approximately one year. This time period will allow 
DHS to concurrently analyze the results of the proof of concept being 
conducted at the above noted locations. Due to the significant cost 
associated with implementing exit control at all United States land 
border port-of-entry crossings, a full and comprehensive analysis of 
the proof of concept testing must be undertaken prior to any nationwide 
installation of radio frequency technology equipment. The results of 
this analysis will be closely examined to see if radio frequency-based 
technology does have the ability to increase the efficiency and 
accuracy of documenting the exit and any subsequent reentry of 
travelers at land border ports-of-entry. A staggered, incremental 
installation approach is consistent with the overall strategy of the 
US-VISIT program.

IV. Solicitation of Public Comment

    As noted in previously published US-VISIT rulemaking actions, DHS 
places a great deal of importance on input from the public on the 
performance and implementation of the US-VISIT program. While DHS is 
not under the obligation to solicit public comments in response to this 
Notice, DHS is interested in whether the public has any suggestions for 
automated methods to document the exit of travelers from the United 
States other than those identified in this Notice. Accordingly, DHS is 
soliciting comments from the public on all aspects of the issues 
outlined in this Notice.
    The comment filing process will use the standard procedure and 
instructions for filing are included at the beginning of this Notice. 
The comment period will be open until October 3, 2005.

    Dated: August 1, 2005.
Michael Chertoff,
Secretary of Homeland Security.
[FR Doc. 05-15487 Filed 8-3-05; 8:45 am]
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