[Federal Register Volume 71, Number 53 (Monday, March 20, 2006)]
[Notices]
[Pages 13987-13989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3951]



[[Page 13987]]

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DEPARTMENT OF HOMELAND SECURITY

[DHS-2005-0055]


Privacy Act of 1974; System of Records

AGENCY: United States Department of Homeland Security (DHS).

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: This notice addresses the previously established ENFORCE/IDENT 
Privacy Act system of records. Among other information, ENFORCE/IDENT 
stores biometric data collected for national security, law enforcement 
and other mission-related functions of the Department of Homeland 
Security. The Department proposes to change the categories of 
individuals from whom biometric information will be obtained in order 
to cover two new groups: (1) Individuals who apply for any form of 
automated or other expedited inspection for verifying eligibility to 
cross the borders into the United States; and (2) individuals who are 
permitted access to the sterile areas of airports after undergoing 
screening, including an immigration check, by the Transportation 
Security Administration. The Department also proposes to change the 
system manager for this record system.

DATES: Written comments must be submitted on or before April 19, 2006.

ADDRESSES: You may submit comments, identified by DOCKET NUMBER DHS-
2005-0055 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (202) 298-5201.
     Mail: Steve Yonkers, US-VISIT Privacy Officer, 245 Murray 
Lane, SW., Washington, DC 20538; Maureen Cooney, Acting Chief Privacy 
Officer, Department of Homeland Security, 601 S. 12th Street, 
Arlington, VA 22202-4220.

FOR FURTHER INFORMATION CONTACT: Steve Yonkers, US-VISIT Privacy 
Officer, 245 Murray Lane, SW., Washington, DC 20538, by telephone (202) 
298-5200 or by facsimile (202) 298-5201.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552a, the Department of Homeland Security (DHS) is publishing 
a revision in an existing Privacy Act system of records known as 
Enforcement Operational Immigration Records (ENFORCE/IDENT). The notice 
for this system of records was last published in the Federal Register 
on December 12, 2003 (68 FR 69414).
    ENFORCE/IDENT is a system of records that existed prior to the 
creation of DHS. It was part of the systems of records maintained by 
the Immigration and Naturalization Service when that agency was part of 
the Department of Justice, and it transferred to DHS with enactment of 
the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135 
(Nov. 25, 2002). Although the system provides biometric identification 
services for many different types of enforcement operations and 
biometric screening programs at DHS, management of the system is now 
the responsibility of the United States Visitor and Immigrant Status 
Indicator Technology (US-VISIT) Program. The title of the System 
Manager has been changed in this notice to reflect this responsibility.
    Because ENFORCE/IDENT amounts to a legacy system, it maintains 
functionality beyond the collection of biometric information and many 
of the categories of records already in the system pertain to law 
enforcement operations generally. The changes being proposed today, 
however, are prompted by the proposed collection of biometric data from 
additional populations. In particular, DHS proposes to add two 
categories of individuals from whom biometric information will be 
obtained: (1) Individuals who apply for any form of automated or other 
expedited inspection for verifying eligibility to cross the borders 
into the United States; and (2) individuals who are permitted access to 
the sterile areas of airports and seaports after undergoing screening 
by the Transportation Security Administration. The screening includes a 
check of immigration databases for which biometrics will be collected 
and stored in the IDENT record system.
    Addition of the first category is based on the fact that DHS has 
proposed a consolidation of existing frequent traveler programs to 
expedite the processing of pre-approved, international, low-risk 
travelers effectively and efficiently through the border. Participation 
in the trusted traveler programs is completely voluntary, and the 
applicants agree to provide personal biographical and biometric data 
for the purposes of conducting law enforcement based background checks 
and criminal history checks to determine their ``low-risk'' status. The 
biometrics will be stored in ENFORCE/IDENT and will be used to conduct 
biometric based watchlist checks and to verify identity through 
biometric matching of an individual against the biometrics submitted by 
the individual at a prior encounter.
    Addition of the second category of individuals is based on the fact 
that the ENFORCE/IDENT database will maintain biometrics collected by 
the Transportation Security Administration, which is conducting 
immigration status checks for individuals who have unescorted access to 
the sterile areas of airports and seaports.
    In addition to the biometrics collected for these two initiatives, 
ENFORCE/IDENT will maintain sufficient biographic information to 
facilitate the identification of the biometric information, and 
encounter data.
    The revisions in this record system will result in additions to the 
categories of individuals covered by the system, but otherwise there 
should be no significant change in the system operation. Over time, 
however, DHS may change the architecture of the ENFORCE/IDENT to more 
closely align it with operational requirements. Such changes will be 
documented in privacy impact assessments and in further revisions, as 
necessary, to this system of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system change to the Office of Management and Budget and to 
Congress.
DHS/ICE-CBP-CIS-001-03

SYSTEM NAME:
    Enforcement Operational Immigration Records (ENFORCE/IDENT).

SYSTEM LOCATIONS:
    Department of Homeland Security (DHS) field offices for the Bureau 
of Immigration and Customs Enforcement (ICE), Bureau of Customs and 
Border Protection (CBP), and the United States Citizenship and 
Immigration Services (USCIS); Service Centers; Border Patrol Sectors 
(including all offices under their jurisdiction); Ports of Entry; and 
Asylum offices and other offices as published in the Federal Register 
on October 17, 2002 (67 FR 64136) and on the Web page of each bureau 
(i.e., http://www.ice.gov, http://www.cbp.gov, and http://www.uscis.gov); Transportation Security Administration, 601 S. 12th 
Street, Arlington, VA 22202-4220.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this consist of:

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    A. Individuals or entities who relate in any manner to 
investigations, inspections, apprehensions, detentions, patrols, 
removals, examinations, naturalizations, intelligence production, legal 
proceedings or other operations that implement and enforce the 
Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.) and 
related treaties, statutes, orders and regulations. Individuals who are 
respondents, representatives, or witnesses in administrative, civil 
penalty, or forfeiture proceedings, or defendants, representatives or 
witnesses in criminal prosecution or extradition proceedings.
    B. Individuals who are obligors or representatives of obligors of 
bonds posted.
    C. Individuals in distress who are located during search and rescue 
operations, and other immigration operations.
    D. Individuals wanted by other law enforcement agencies, including 
Federal, state, local, tribal, foreign and international or individuals 
who are the subject of inquiries, lookouts, or notices by another 
agency or a foreign government.
    E. Individuals who apply for immigration benefits and/or any form 
of automated or other expedited inspection for verifying eligibility to 
cross the borders into the United States.
    F. Non-United States citizens and Non-Lawful Permanent Residents 
who present themselves for entry into and/or exit from the United 
States, including individuals subject to the requirements and processes 
of US-VISIT. Individuals covered under US-VISIT include those who are 
not United States citizens or Lawful Permanent Residents at the time of 
entry or exit or who are United States citizens or Lawful Permanent 
Residents who have not identified themselves as such at the time of 
entry or exit.
    G. Nationals of countries that threaten to wage war, or are or were 
at war with the United States, and individuals required to register as 
agents of foreign governments in the United States.
    H. Individuals who are subject to security screening by the 
Transportation Security Administration, which includes a check of 
immigration databases, in order to have access to the sterile areas of 
an airport or seaport.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records in this system come directly from information collected 
from individuals during a DHS enforcement encounter or biometric 
identification/screening. Records collected from enforcement encounters 
generally include biographical data, including but not limited to name, 
aliases, date of birth, phone numbers, addresses, nationality; personal 
descriptive data; biometric identifiers, including but not limited to 
fingerprints and photographs; any materials, information or data 
related to the subject individual's case, including but not limited to 
immigration history, alien registration and other identification or 
record numbers. Records collected from admission screening generally 
consist of biographic data, biometric data, and encounter data, 
including time, place, location, and travel document information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. 1103; 8 U.S.C. 1225(d)(3); 8 U.S.C. 1324(b)(3); 8 U.S.C. 
1357(a); and 8 U.S.C. 1360(b).

PURPOSE(S):
    This system of records is established and maintained to enable DHS 
to carry out its assigned national security, law enforcement, 
immigration control, and other mission-related functions and to provide 
associated management reporting, planning and analysis. Specifically, 
this system of records assists in identifying, investigating, 
apprehending, and/or removing aliens unlawfully entering or present in 
the United States; preventing the entry of inadmissible aliens into the 
United States; facilitating the legal entry of individuals into the 
United States; recording the departure of individuals leaving the 
United States; maintaining immigration control; preventing aliens from 
obtaining benefits to which they are not entitled; analyzing 
information gathered for the purpose of this and other DHS programs; or 
identifying, investigating, apprehending and prosecuting, or imposing 
sanctions, fines or civil penalties against individuals or entities who 
are in violation of INA, or other governing orders, treaties or 
regulations and assisting other Federal agencies to protect national 
security and carry out other Federal missions.

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 appropriate agency/organization/task force, regardless of 
whether it is Federal, state, local, foreign, or tribal, charged with 
the enforcement (e.g., investigation and prosecution) of a law 
(criminal or civil), regulation, or treaty, of any record contained in 
this system of records which indicates either on its face, or in 
conjunction with other information, a violation or potential violation 
of that law, regulation, or treaty.
    B. To other Federal, state, tribal, and local government law 
enforcement and regulatory agencies and foreign governments, and 
individuals and organizations during the course of an investigation or 
the processing of a matter, or during a proceeding within the purview 
of the immigration and nationality laws, to elicit information required 
by DHS to carry out its functions and statutory mandates.
    C. To an appropriate Federal, state, local, tribal, international 
government agency in response to its request, in connection with the 
hiring or retention by such an agency of an employee, the issuance of a 
security clearance, the reporting of an investigation of such an 
employee, the letting 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 in the matter.
    D. To an actual or potential party or to his or her attorney for 
the purpose of negotiation or discussion on such matters as settlement 
of the case or matter, or discovery proceedings.
    E. To a Federal, state, tribal or local government agency to assist 
such agencies in collecting the repayment or recovery of loans, 
benefits, grants, fines, bonds, civil penalties, judgments or other 
debts owed to them or to the United States Government, and/or to obtain 
information that may assist DHS in collecting debts owed to the United 
States government.
    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 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.
    H. To the National Archives and Records Administration or other 
Federal

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government agencies pursuant to records management inspections being 
conducted under the authority of 44 U.S.C. Sections 2904 and 2906.
    I. 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.
    J. 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Information can be stored in case file folders, cabinets, safes, or 
a variety of electronic or computer databases and storage media.

RETRIEVABILITY:
    Records may be retrieved by name; biometrics; identification 
numbers (including but not limited to alien number, fingerprint 
identification number, etc.); case related data and/or combination of 
other personal identifiers such as date of birth, nationality, etc.

SAFEGUARDS:
    The system is protected through multi-layer security mechanisms. 
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:
    The following proposal for retention and disposal is pending 
approval with National Archives and Records Administration (NARA):
    Records that are stored in an individual's file will be purged 
according to the retention and disposition guidelines that relate to 
the individual's file (DHS/ICE/USCIS001A). Electronic records for which 
the statute of limitations has expired for all criminal violations and 
that are older than 75 years will be purged. Fingerprint cards, created 
for the purpose of entering records in the database, will be destroyed 
after data entry. The I-877, and copies of supporting documentation, 
which are created for the purpose of special alien registration back-up 
procedures, will be destroyed after data entry. Work Measurement 
Reports and Statistical Reports will be maintained within the 
guidelines set forth in NCI-95-78-5/2 and NCI-85-78-1/2 respectively.

SYSTEM MANAGER AND ADDRESS:
    Program Manager, IDENT Program Management Office, US-VISIT Program, 
U.S. Department of Homeland Security, Washington, DC 20528, USA.

NOTIFICATION PROCEDURE:
    To determine whether this system contains records relating to you, 
write to the US-VISIT Privacy Officer, US-VISIT Program, Border and 
Transportation Security, U.S. Department of Homeland Security, 245 
Murray Lane, SW., Washington, DC 20528, USA.

RECORD ACCESS PROCEDURE:
    The major part of this system is exempted from this requirement 
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). To the extent that this 
system of records is not subject to exemption, it is subject to access. 
A determination as to the granting or denial of access shall be made at 
the time a request is received. Requests for access to records in this 
system must be in writing, and should be addressed to the System 
Manager noted above or to the appropriate FOIA/PA Officer. Such request 
may be submitted either by mail or in person. The envelope and letter 
shall be clearly marked ``Privacy Access Request.'' To identify a 
record, the record subject should provide his or her full name, date 
and place of birth; if appropriate, the date and place of entry into or 
departure from the United States; verification of identity (in 
accordance with 8 CFR 103.21(b) and/or pursuant to 28 U.S.C. 1746, make 
a dated statement under penalty of perjury as a substitute for 
notarization), and any other identifying information that may be of 
assistance in locating the record. He or she shall also provide a 
return address for transmitting the records to be released.

CONTESTING RECORD PROCEDURES:
    The major part of this system is exempted from this requirement 
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). To the extent that this 
system of records is not subject to exemption, it is subject to access 
and contest. A determination as to the granting or denial of a request 
shall be made at the time a request is received. An individual desiring 
to request amendment of records maintained in this system should direct 
his or her request to the System Manager of the appropriate office that 
maintains the record or (if unknown) to the appropriate FOIA/PA Officer 
at each bureau. The request should state clearly what information is 
being contested, the reasons for contesting it, and the proposed 
amendment to the information.

RECORD SOURCE CATEGORIES:
    Basic information contained in this system is supplied by 
individuals covered by this system, and other Federal, state, local, 
tribal, or foreign governments; private citizens, public and private 
organizations.

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: March 10, 2006.
Maureen Cooney,
Acting Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E6-3951 Filed 3-17-06; 8:45 am]
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