Federal Register: September 30, 2009 (Volume 74, Number 188)
DOCID: fr30se09-84 FR Doc E9-23522
DEPARTMENT OF HOMELAND SECURITY
Homeland Security Department
Docket ID: [Docket No. DHS-2009-0106]
NOTICE: NOTICES
DOCID: fr30se09-84
DOCUMENT ACTION: Notice of Privacy Act system of records.
SUBJECT CATEGORY:
Privacy Act of 1974; U.S. Immigration and Customs Enforcement-012 Visa Security Program (VSP) System of Records
DATES: The established system of records will be effective October 30, 2009. Written comments must be submitted on or before October 30, 2009.
DOCUMENT SUMMARY:
In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to establish a new system of records titled, U.S. Immigration and Customs Enforcement DHS/ICE012 Visa Security Program Records (VSPR). The purpose of the VSPR system is to manage, review, track, investigate, and document visa security reviews conducted by ICE agents pertaining to U.S. visa applicants and to document ICE visa recommendations to the U.S. State Department. VSPR contains information about individuals who have applied for U.S. visas and undergo a visa security review. VSPR also contains data maintained in the Office of International Affairs' Visa Security Program Tracking System (VSPTSNet), a software application used by ICE to record, track, manage, and report visa security review activities. VSPTSNet manages the workflow associated with visa security reviews by recording and tracking all visa applicant reviews, records checks, and followup investigative activities. Additionally, a Privacy Impact Assessment (PIA) for VSPTSNet will be posted on the Department's privacy Web site (see http://www.dhs.gov/privacy and follow the link to ``Privacy Impact Assessments.'') Due to urgent homeland security and law enforcement mission needs, VSPTSNet is currently in operation. Recognizing that ICE is publishing a notice of system of records for an existing system, ICE will carefully consider public comments, apply appropriate revisions, and republish the VSPR notice of system of records within 180 days of receipt of comments. A proposed rulemaking is also published in this issue of the Federal Register in which the Department proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil and administrative enforcement requirements.
SUMMARY:
Privacy Act; Systems of Records
SUPPLEMENTAL INFORMATION
I. Background
The Visa Security Program Records (VSPR) system of records is owned and maintained by the ICE Office of International Affairs (OIA). It consists of paper and electronic records created in support of the Visa Security Program, the purpose of which is to identify persons who may be ineligible for a U.S. visa because of criminal history, terrorism association, or other factors and convey that information to the State Department, which decides whether to issue the visa. VSPR contains records on visa applicants for whom a visa security review is conducted. The Visa Security Program Tracking System (VSPTSNet) is a new OIA application scheduled to deploy in September 2009 that supports the management of ICE's Visa Security Program. ICE Special Agents use VSPTSNet to record, track, and manage all visa security reviews performed by ICE. The VSPR system of records describes records maintained in VSPTSNet and associated paper records.
In support of Section 428 of the Homeland Security Act of 2002, ICE deploys agents to U.S. embassies and consulates (``consular posts'') in highrisk areas worldwide to conduct security reviews of visa applications. ICE agents assigned to the Visa Security Program examine visa applications, initiate investigations of applicants who may be ineligible for a visa, coordinate with other law enforcement entities, and provide advice and training to the State Department. Through its Visa Security Program, ICE also participates in the Security Advisory Opinion (SAO) process. which is a U.S. Government mechanism to coordinate thirdagency checks on visa applicants about whom the State Department has securityrelated concerns. Upon request from the State Department, ICE provides information from DHS record systems about visa applicants who are selected to undergo the SAO process. The State Department in turn provides the results of SAO checks to consular officers to aid in adjudicating visa applications. Like the ICE Special Agents located at consular posts abroad, ICE agents and analysts supporting SAO operations identify persons who may be ineligible for a U.S. visa because of criminal history, terrorism association, or other factors and convey that information to the State Department, which decides whether to issue the visa.
VSPTSNet will be used to support the Visa Security Program activities described above by recording, tracking, and managing the SAOs and visa security reviews and documenting the results that are communicated to the State Department. VSPTSNet will provide ICE agents with an intranetbased application that manages the workflow associated with visa security reviews and provides the necessary analytical, reporting and data storage capabilities. VSPTSNet will also allow users (ICE employees and contractors) to record relevant visa application data, derogatory information about applicants, visa recommendation data. It also supports the generation of performance metrics for the Visa Security program as a whole. Ultimately, the system helps the Visa Security Program and the State Department prevent known and suspected terrorists, criminals, and other ineligible persons from obtaining U.S. visas. A PIA was conducted on VSPTSNet because it is a new system that will maintain personally identifiable information (PII). The VSPTSNet PIA is available on the Department of Homeland Security (DHS) Privacy Office Web site at http://www.dhs.gov/privacy.
The DHS/ICE012 VSPR system of records will collect, use,
disseminate, and maintain PII on persons who apply for a visa and
undergo a visa security review. This collection of information is necessary for ICE to conduct visa
[[Page 50229]]
security reviews and to provide the State Department with a visa
recommendation and/or information that is relevant to the applicant's eligibility for a visa under Federal law.
Consistent with DHS's information sharing mission, information stored in the VSPR system of records may be shared with other DHS components, as well as appropriate Federal, State, local, Tribal, foreign, or international government agencies. This sharing will only take place after DHS determines that the receiving component or agency has a need to know the information to carry out national security, law enforcement, immigration, intelligence, or other functions consistent with the routine uses set forth in this system of records notice.
A proposed rulemaking is published in this issue of the Federal Register in which the Department proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil and administrative enforcement requirements. Individuals may request information about records pertaining to them stored in DHS/ICE012 VSPR system of records as outlined in the ``Notification Procedure'' section below. ICE reserves the right to exempt various records from release pursuant to exemptions 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2) of the Privacy Act.
This newly established system will be included in DHS's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory framework governing the means by which the United States Government collects, maintains, uses, and disseminates personally identifiable information. The Privacy Act applies to information that is maintained in a ``system of records.'' A ``system of records'' is a group of any records under the control of an agency for which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass United States citizens and legal permanent residents. As a matter of policy, DHS extends administrative Privacy Act protections to all individuals where systems of records maintain information on U.S. citizens, lawful permanent residents, and visitors. Individuals may request access to their own records that are maintained in a system of records in the possession or under the control of DHS by complying with DHS Privacy Act regulations, 6 CFR Part 5.
The Privacy Act requires each agency to publish in the Federal Register a description denoting the type and character of each system of records that the agency maintains, and the routine uses that are contained in each system in order to make agency record keeping practices transparent, to notify individuals regarding the uses to which personally identifiable information is put, and to assist individuals to more easily find such files within the agency. Below is the description of the DHS/ICE012 Visa Security Program Records (VSPR) system of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of this new system of records to the Office of Management and Budget and to Congress.
FOR FURTHER INFORMATION CONTACT
Lyn Rahilly, (202-732-3300) Privacy Officer, U.S. Immigration and Customs Enforcement, 500 12th Street, SW., Washington, DC 20536; or Mary Ellen Callahan, (7032350780), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528.