[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Pages 24022-24027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11967]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0015]
Privacy Act of 1974; United States Citizenship Immigration
Services 009 Compliance Tracking and Monitoring System; System of
Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974 the Department of
[[Page 24023]]
Homeland Security proposes to establish a new Department of Homeland
Security system of records notice titled, DHS/USCIS--009 Compliance
Tracing and Monitoring System (CTMS). CTMS collects and uses
information necessary to support monitoring and compliance activities
for researching and managing misuse, abuse, discrimination, breach of
privacy, and fraudulent use of USCIS Verification Division's
verification programs, the Systematic Alien Verification for
Entitlements (SAVE) and E-Verify. Additionally, the Department of
Homeland Security is issuing a Notice of Proposed Rulemaking concurrent
with this system of records elsewhere in the Federal Register. This
newly established system will be included in the Department of Homeland
Security's inventory of records systems.
DATES: Submit comments on or before June 22, 2009. This new system will
be effective June 22, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0015 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, 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 http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Claire Stapleton (202-358-7777) Verification Division Privacy Branch
Chief, or Donald K. Hawkins (202-272-1400), Citizenship and Immigration
Services Privacy Officer, 20 Massachusetts Avenue, NW., Washington, DC
20529, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 470 L'Enfant Plaza East, SW., Suite 8204,
Washington, DC 20529. For privacy issues please contact: Mary Ellen
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The United States Citizenship and Immigration Services (USCIS)
Verification Division supports two congressionally mandated programs,
the Systematic Alien Verification for Entitlements (SAVE) and E-Verify
programs. E-Verify, formerly known as the Basic Pilot Program, was
established under the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, Public Law 104-208 section 401, 8 U.S.C.
1324a note. SAVE was established under the Immigration and Control Act
of 1986, Public Law 100-360 section 121(c). Congress mandated SAVE to
provide government agencies with citizenship and immigration status
information for use in determining an individual's eligibility for
government benefits. The SAVE program allows Federal, State, and local
government benefit-granting agencies, as well as licensing bureaus and
credentialing organizations to confirm the immigration status of non-
citizen applicants, by submitting to SAVE certain information supplied
by the benefit applicant. Congress mandated E-Verify for use by
employers to determine whether an employee is authorized to work in the
United States at the time that he or she begins working. The E-Verify
program allows participating employers to verify the employment
eligibility of all newly hired employees, by submitting to E-Verify
specific information supplied by the employee.
The SAVE and E-Verify programs rely on the Verification Information
System (VIS) as the underlying technical infrastructure as described in
the Verification Information System SORN, DHS-USCIS-004, December 11,
2008, 73 FR 75445, and VIS Privacy Impact Assessments. As part of the
mandate to implement the SAVE and E-Verify programs, Congress imposed
various legal and operational requirements including requirements to
insulate and protect the privacy and security of collected information,
to prevent unauthorized disclosure of personal information, and to have
safeguards against the system resulting in unlawful discrimination. In
order to ensure that these requirements are met, the Verification
Division created the Monitoring and Compliance (M&C) Branch which, as
one might imagine, will be responsible for two distinct set of tasks:
monitoring and compliance. M&C will monitor the verification
transactions within VIS to identify potential cases of misuse, abuse,
discrimination, breach of privacy, or fraudulent use of SAVE and E-
Verify. When M&C identifies certain defined anomalous activities
through these monitoring efforts they may take additional compliance
steps to verify and correct these activities. These activities are
referred to as noncompliant behaviors.
The M&C Branch is developing detailed procedures for both
monitoring the verification transactions in VIS and for performing
compliance activities on defined non-compliant behaviors. For example,
one type of behavior is associated with the misuse of SSN. For this
behavior M&C will identify when a single social security number is used
multiple times for employment authorization verifications through E-
Verify. It would not be uncommon for a single individual to be verified
several times through E-Verify as one person may hold multiple jobs or
change jobs frequently, but it would be unusual for a single individual
to hold 30 or 40 jobs simultaneously. M&C has developed procedures for
identifying when a certain threshold number of verifications of a
single SSN would be likely to indicate some type of misuse. If this
threshold is met then M&C would conduct certain specific compliance
activities that may involve collecting or looking at information from
outside of VIS. This might include contacting or visiting an employer
to research the issue and determine if there is: a system problem which
the Verification Division needs to correct; if there is a user
misunderstanding which requires additional training for the employer,
or potentially fraudulent activity which may need to be reported to law
enforcement agency.
In most cases compliance activities will be undertaken based on
monitoring defined behaviors in VIS. However, there are some behaviors
which may not necessarily be indicated by monitoring VIS. For example,
employers are required to conspicuously post notification of their
participation in E-Verify to their employees. This notification
provides the employees with information concerning their rights and
responsibilities regarding E-Verify, including contact information.
Obviously there is no information in VIS that would indicate whether an
employer had actually posted these notices. Compliance activities
around the non-compliant behavior of failing to post the required
notices would most likely occur based on a complaint/hotline report or
during a compliance visit researching another potential behavior. M&C
might also identify potential non-compliant behaviors from media
reports or tips for law enforcement agencies.
[[Page 24024]]
The management of compliance activities and storage of the
supporting information will be handled by the Compliance Tracking and
Management System (CTMS). The basic capabilities of CTMS include:
monitoring and compliance activity tracking, data and document
collection and storage, incident management tracking and incident
history searching, reporting, and workflow management.
CTMS will be developed in increments. Initially, it will be based
on existing and new consumer-off-the-shelf (COTS) technology products
required to meet basic capabilities. This includes database and
analysis technologies that are currently available in the Verification
Division, and new data storage and business process workflow systems.
It is anticipated that CTMS will also grow to include additional and
more sophisticated analytic and information management functionality.
As the system develops, USCIS will update the SORN and PIA as
appropriate.
Initially, CTMS will be used to support a range of monitoring and
compliance activities, which include researching and documenting the
following non-compliant agency or employer categories of behaviors:
Fraudulent use of Alien-Numbers (A-Numbers) and SSNs by E-
Verify users;
Termination of an employee because he receives a tentative
non-confirmation (TNC) \1\;
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\1\ A tentative non-confirmation (TNC) occurs when E-Verify is
unable to match the information provided by the employer with the
information in DHS records. Employees can choose to contest the TNC
by contacting either SSA or DHS and following the established
procedures.
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Failure of an employer to notify DHS, as required by law,
when an employee who receives a final non-confirmation (FNC) is not
terminated;
Verification of existing employees (as opposed to new
hires);
Verification of job applicants, rather than new employees
(pre-screening);
Selectively using E-Verify or SAVE for verifications based
on foreign appearance, race/ethnicity, or citizenship status;
Failure to post the notice informing employees of
participation in E-Verify;
Failure to use the E-Verify, consistently or at all, once
registered;
Failure of SAVE agency to initiate additional verification
when necessary;
Unauthorized searching and use of information by a SAVE
agency user; and
Fraudulent use of visas, permits, and other DHS documents
by SAVE users.
Monitoring
Generally speaking these categories of behaviors, as described more
fully below, will usually be identified by monitoring the information
in VIS. They may also be identified based on tips received from
affected individuals, various law enforcement agencies, or the media.
They may be the result of a Privacy Act redress request. With regard to
the behavior of failing to post appropriate notice, it could be
identified during a compliance visit to an employer for research on
another potential non-compliant behavior. As noted above, monitoring
for behaviors is complicated by the fact that not all anomalous
transactions in VIS will necessarily indicate a non-compliant behavior.
Thus M&C is establishing thresholds to narrow their research to find
the most likely cases of non-compliant behaviors. Once M&C has
established there is likely an occurrence of a non-compliant behavior
M&C will extract the minimal amount of data necessary to identify
possible non-compliant behavior. The minimal amount of data necessary
is only data that is directly related to making a determination about
the alleged non-compliant behavior. That data is entered into CTMS to
conduct compliance activities.
Compliance
Compliance activities are meant to stop misuse, abuse,
discrimination, breach of privacy, and fraudulent use of SAVE and E-
Verify. These activities could result in a range of outcomes including
correcting a SAVE or E-Verify system problem, providing additional SAVE
and E-Verify user training or assistance to ensure correct use of these
systems, turning off access to SAVE and E-Verify for individual users
who continue to misuse the systems, or contacting law enforcement
agencies in the case of suspected illegal activities.
Once the monitoring analyst determines a behavior meets the
threshold the compliance analyst may begin researching the behavior.
The specific research will vary depending on the behavior but generally
could involve contacting or visiting the SAVE or E-Verify user (a
government agency or employer respectively), to notify them that they
may not be in compliance with program requirements. This notification
will allow the SAVE and E-Verify user to remediate or explain the
issue. In some cases, if the program user is unable to remediate or
explain the issue, additional research may be conducted, including
collecting supporting information from other sources beyond VIS. This
may include the collection of such information as E-Verify or SAVE
created documents (such as an E-Verify Tentative Non-Confirmation (TNC)
letter or referral letters), Forms I-9 and copies of supporting
documents, employment offer or termination letters, information
collected during interviews with SAVE and E-Verify users \2\ related to
program participation.
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\2\ An E-Verify user is anyone in a company/agency enrolled with
E-Verify, who actually uses E-Verify to verify other individuals, or
others who have a relationship/association with E-Verify such as a
designated point of contact or Memorandum of Understanding (MOU)
signatory. Similarly, SAVE users are deemed to be individuals who
actually use SAVE to verify other individuals, or others who have a
relationship/association with SAVE. Users do not include individuals
who have no relationship with SAVE or E-Verify except that they may
have been verified through these programs.
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M&C efforts are focused on misuse of the E-Verify and SAVE program.
M&C will concentrate compliance operations, such as interviews or
document requests, directly on the users of these systems--the
employers or government agencies, rather than on the individuals who
are verified. M&C would only contact a SAVE or E-Verify subject
directly when a compliance activity is based on a redress request or
hotline tip. When appropriate, interviews will be conducted in a
confidential manner. Information received during interviews and
complaints will be kept confidential unless required to be released
based on legal necessity. If a particular behavior is substantiated,
the Verification Division will take appropriate steps to correct this
behavior including requiring additional training, restricting access to
SAVE or E-Verify, or referral to a law enforcement agency for further
action. Concurrently with the publication of this SORN, the
Verification Division is publishing a notice of proposed rulemaking to
pursuant to 5 U.S.C. 552a(k)(2), to exempt CTMS from the following
provisions of the Privacy Act, subject to the limitations set forth in
those subsections: 5 U.S.C. 552a(c)(3), (d), (e)(4)(G), and (e)(4)(H).
Information in CTMS is used to prevent misuse and illegal
activities. Consequently, this SORN has a routine use for sharing with
Federal, State, local, and Tribal law enforcement agencies, as well as
for other standard DHS routine uses.
Consistent with DHS's information sharing mission, information
stored in CTMS 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
[[Page 24025]]
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.
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 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 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 lawful
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
their records are put, and to assist individuals to more easily find
such files within the agency. Below is the description of the USCIS,
Verification Division, DHS/USCIS--009 Compliance Tracking and
Monitoring 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
DHS/USCIS-009
System name:
DHS/USCIS-009 Compliance Tracking and Monitoring System.
Security classification:
Sensitive but unclassified.
System location:
Records are maintained at USCIS Headquarters in Washington, DC, in
USCIS field offices, and at a contractor-owned facility in Meriden, CT.
The system is accessible in a secure manner to authorized USCIS
personnel via the Internet.
Categories of individuals covered by the system:
This system contains information on four categories of individuals,
any of whom may be either U.S. citizens or non-U.S. citizens. These
include:
1. Verification Subjects: Individuals who are the subject of E-
Verify or SAVE verifications and whose employer is subject to
compliance activities,
2. E-Verify or Save Program Users: Individuals who use, are
enrolled users, or have an agency or employment responsibility
associated with the SAVE or E-Verify programs,
3. Complainants: Individuals who have contacted the Verification
Division or publicly reported potential cases of misuse, abuse,
discrimination, breach of privacy, and fraudulent use of USCIS
Verification Division's verification programs, the Systematic Alien
Verification for Entitlements (SAVE) and E-Verify, and
4. DHS Employees: Verification Division employees or contractors
who are involved in SAVE and E-Verify monitoring and compliance
activities.
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Verification Subjects birth information;
Verification Subjects citizenship and nationality
information;
Verification Subjects immigrant/non-immigrant information
maintained by DHS or Department of State, such as arrival and departure
information;
Verification Subjects identification information such
Social Security Number, A-Number, passport and visa information;
Verification Subjects contact information such as phone
numbers, e-mail addresses, physical addresses;
SAVE and E-Verify user contact information such as phone
numbers, e-mail addresses, physical addresses;
Analytic information derived from monitoring VIS that may
indicate further compliance activities are warranted (this may include
any data element contained in VIS);
Complaint and lead information from VIS redress requests,
media reports, and call center compliant reports;
Information collected during compliance activities
including, but not limited to: SAVE and E-Verify created documents such
as TNC, referral or compliance letters, Form I-9 and supporting
documents, employment offer and termination letters, benefit and
credential applications and supporting documents, SAVE and E-Verify
user interviews; and
CTMS user information.
Authority for maintenance of the system:
The authority for the maintenance of records in the system is found
in 8 U.S.C. 1324a, 8 U.S.C. 1360, 42 U.S.C. 1320b-7 and the Immigration
Reform and Control Act of 1986 (IRCA), Public Law (Pub. L.) 99-603, The
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA), Public Law 104-193, 110 Stat. 2168, Title IV, Subtitle A, of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA), Public Law 104-208, 110 Stat. 3009, 18 U.S.C. 3291, and in
Executive Order 12989, as amended by Executive Order 13465, June 6,
2008.
Purpose(s):
The purpose of this system is to analyze, collect, and manage
information necessary to support monitoring and compliance activities
for researching and managing misuse, abuse, discrimination, breach of
privacy, and fraudulent use of USCIS Verification Division's
verification programs, the Systematic Alien Verification for
Entitlements (SAVE) and E-Verify.
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).
Routine uses include disclosure to:
A. To the Department of Justice (including United States Attorney
Offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is 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 of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
[[Page 24026]]
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
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 or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual 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. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual 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's 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, or local law
enforcement agency or other appropriate authority charged with
investigating or prosecuting a violation or enforcing or implementing a
law, rule, regulation, or order, where 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 the DOJ, Civil Rights Division, for the purpose of responding
to matters within the DOJ's jurisdiction to include allegations of
fraud and/or nationality discrimination.
I. 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
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
This is an analytic and data management system that allows for
retrievability on any data element collected. For example, records may
be retrieved by a name or other unique identifiers to include:
verification number, A-Number, I-94 Number, Visa Number, SSN, or by the
submitting employer or agency name.
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 that is being
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:
The following proposal for retention and disposal is being prepared
to be sent to the National Archives and Records Administration for
approval. Records collected in the process of establishing immigration
and citizenship status or employment authorization are stored and
retained in the VIS Repository for ten (10) years from the date of the
completion of the verification unless the records are part of an on-
going investigation in which case they may be retained until completion
of the investigation. This period is based on the statute of
limitations for most types of misuse or fraud possible using VIS (under
18 U.S.C. 3291, the statute of limitations for false statements or
misuse regarding passports, citizenship or naturalization documents).
System Manager and address:
Chief, Verification Division, U.S. Citizenship and Immigration
Services, 470-490 L'Enfant Plaza East, SW., Suite 8206, Washington, DC
20529.
Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, USCIS, Verification
Division 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 component's FOIA Officer, whose contact information can
be found at http://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, Department of Homeland Security, 245 Murray
Lane, SW., Building 410, Mail 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. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization.
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While no specific form is required, you may obtain forms for this
purpose from the Director, Disclosure and FOIA, http://www.dhs.gov or
1-866-431-0486. In addition you should provide the following:
An explanation of 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,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
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 this bulleted 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:
Records come from several sources including: (1) Information from
VIS reflecting the monitoring analysis of VIS systems users,
potentially including any data fields that are allowed for VIS under
the current VIS SORN, 73 FR 75445; (2) complaints, questions, and tips
from SAVE and E-Verify users and individuals subject to immigration
status verification provided by callers to the Verification Call
Center; (3) information collected on potential cases of misuse, abuse,
discrimination, breach of privacy, and fraudulent use of Verification
programs from various media or law enforcement organizations to include
media leads or external requests; and (4) information collected from
compliance reviews undertaken by the M&C staff which have been provided
by the E-Verify employer or SAVE user regarding the compliance review,
which may include, but is not limited to: Form I-9 and supporting
documents; benefit or credential applications and supporting documents:
government documents such as SSNs, visas, DHS and Department of State
issued benefit documents, and passports; employment offer and
termination letters; and notes of interviews.
Exemptions claimed for the system:
The Secretary of Homeland Security plans to claim an exemption for
this system from 5 U.S.C. 552a (c)(3), (d), (e)(4)(G), and (e)(4)(H)
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(k)(2).
Dated: May 15, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-11967 Filed 5-21-09; 8:45 am]
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