50228 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0106] 

Privacy Act of 1974; U.S. Immigration 

and Customs Enforcement–012 Visa 

Security Program (VSP) System of 

Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of Privacy Act system of 

records. 

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/ICE–012 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 (VSPTS–Net), 

a software application used by ICE to 

record, track, manage, and report visa 

security review activities. VSPTS–Net 

manages the workflow associated with 

visa security reviews by recording and 

tracking all visa applicant reviews, 

records checks, and follow-up 

investigative activities. Additionally, a 

Privacy Impact Assessment (PIA) for 

VSPTS–Net 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, VSPTS–Net 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. 

DATES: The established system of 

records will be effective October 30, 

2009. Written comments must be 

submitted on or before October 30, 

2009. 

ADDRESSES: You may submit comments, 

identified by DHS–2009–0106, 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: Lyn 

Rahilly, (202–732–3300) Privacy Officer, 

U.S. Immigration and Customs 

Enforcement, 500 12th Street, SW., 

Washington, DC 20536; or 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 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 (VSPTS-Net) 

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 

VSPTS-Net 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 third-agency 

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. 

VSPTS-Net 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. VSPTS-Net 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. VSPTS-Net 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 

VSPTS-Net because it is a new system 

that will maintain personally 

identifiable information (PII). The 

VSPTS-Net PIA is available on the 

Department of Homeland Security 

(DHS) Privacy Office Web site at http:// 

www.dhs.gov/privacy. 

The DHS/ICE–012 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 


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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/ICE–012 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/ 

ICE–012 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. 

SYSTEM OF RECORDS: 

DHS/ICE–012 

SYSTEM NAME: 

Visa Security Program Records 

(VSPR). 

CLASSIFICATION: 

Classified; Controlled Unclassified 

Information. 

SYSTEM LOCATION: 

Records are maintained at the U.S. 

Immigration and Customs Enforcement 

(ICE) Headquarters in Washington, DC, 

ICE field offices, and foreign embassies 

and consulates. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: 

(1) Individuals who apply for U.S. 

visas, and 

(2) Other individuals who are 

identified on the visa application, such 

as the applicant’s spouse, individuals 

traveling with applicant, application 

preparer’s name, and individuals 

identified by the applicant as the person 

in the U.S. with whom the applicant 

will stay (hereafter, applicant point of 

contact). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

may include: 

(1) Biographic, employment, contact, 

and other types of information provided 

on the visa application, or by the 

applicant and others during interviews, 

such as name, address, phone number, 

e-mail address, date of birth, country of 

birth, nationality, passport number, 

information related to applicant’s 

intended travel to the United States, 

spouse’s name, names and relationships 

of individuals traveling with applicant, 

the application preparer’s name, and the 

name and address of the applicant point 

of contact. 

(2) Information obtained during a visa 

security review from interviews, public 

records, foreign governments, and U.S. 

government databases, such as the State 

Department’s visa control number, 

lookout records, criminal history, 

admission, visa and immigration 

history, and records indicating a 

possible threat to homeland or national 

security due to terrorism or other 

reasons. 

(3) Recommendations and/or other 

information provided by ICE to the State 

Department pertaining to visa 

applicants, and the State Department’s 

decision on the visa application. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

8 U.S.C. 1103; 8 U.S.C. 1153–55; 8 

U.S.C. 1201–1204; Section 428 of the 

Homeland Security Act of 2002; 22 CFR 

41.122; Memorandum of Understanding 

between DHS, Federal Bureau of 

Investigation, and State Department 

Bureau of Consular Affairs on Improved 

Information Sharing Services signed 

July 18, 2009; Memorandum of 

Understanding Between the Secretaries 

of State and Homeland Security 

Concerning the Implementation of 

Section 428 of the Homeland Security 

Act of 2002 signed on September 26, 

2003; Memorandum of Understanding 

between the Department of State, 

Bureau of Consular Affairs and the 

Department of Homeland Security, U.S. 

Immigration and Customs Enforcement 

for Cooperation in Datasharing signed 

on October 6, 2006; and Memorandum 

of Agreement Between the Department 

of State and the Department of 

Homeland Security Regarding the 

Sharing of Visa and Passport Records 

and Immigration and Naturalization and 

Citizenship Records signed on 

November 18, 2008. 

PURPOSE(S): 

(a) To manage, review, track, 

investigate, document, and report on 

visa security reviews conducted by ICE 

agents pertaining to U.S. visa applicants 

and to document ICE recommendations 

to the State Department on visa 

issuance; 

(b) To facilitate communication 

among ICE personnel on matters 

pertaining to visa applications, visa 

holders, and visa security reviews; 

(c) To enforce the provisions of the 

Immigration and Nationality Act, as 

amended; and 

(d) To identify potential criminal 

activity, immigration violations, and 

threats to homeland security; to uphold 


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and enforce the law; and to ensure 

public safety. 

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 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: 

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 

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 an 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, local, international, or foreign 

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 a court, magistrate, or 

administrative tribunal in the course of 

presenting evidence, including 

disclosures to opposing counsel or 

witnesses in the course of civil 

discovery, litigation, or settlement 

negotiations or in connection with 

criminal law proceedings or in response 

to a subpoena. 

I. To Federal and foreign government 

intelligence or counterterrorism 

agencies when DHS reasonably believes 

there to be a threat or potential threat to 

national or international security for 

which the information may be useful in 

countering the threat or potential threat, 

when DHS reasonably believes such use 

is to assist in anti-terrorism efforts, and 

disclosure is appropriate to the proper 

performance of the official duties of the 

person making the disclosure. 

J. To the Department of State in the 

processing of petitions or applications 

for benefits under the Immigration and 

Nationality Act, and all other 

immigration and nationality laws 

including treaties and reciprocal 

agreements. 

K. To an organization or individual in 

either the public or private sector, either 

foreign or domestic, where there is a 

reason to believe that the recipient is or 

could become the target of a particular 

terrorist activity or conspiracy, to the 

extent the information is relevant to the 

protection of life or property and 

disclosure is appropriate to the proper 

performance of the official duties of the 

person making the disclosure. 

L. To appropriate Federal, State, local, 

Tribal, or foreign governmental agencies 

or multilateral governmental 

organizations responsible for 

investigating or prosecuting the 

violations of, or for enforcing or 

implementing, a statute, rule, 

regulation, order, license, or treaty 

where DHS determines that the 

information would assist in the 

enforcement of civil or criminal laws. 

M. To appropriate Federal, State, 

local, Tribal, or foreign governmental 

agencies or multilateral governmental 

organizations where DHS is aware of a 

need to utilize relevant data for 

purposes of testing new technology and 

systems designed to enhance national 

security or identify other violations of 

law. 

N. To third parties during the course 

of a visa security review to the extent 

necessary to obtain information 

pertinent to the review, provided 

disclosure is appropriate to the proper 

performance of the official duties of the 

person making the disclosure. 

O. To international and foreign 

governmental authorities in accordance 

with law and formal or informal 

international arrangements. 

P. To a Federal, State, or local agency, 

or other appropriate entity or 

individual, or through established 

liaison channels to selected foreign 

governments, in order to provide 

intelligence, counterintelligence, or 

other information for the purposes of 

intelligence, counterintelligence, or 

antiterrorism activities authorized by 

U.S. law, Executive Order, or other 

applicable national security directive. 

Q. To a Federal, State, Tribal, local, 

international, or foreign government 

agency or entity for the purpose of 

consulting with that agency or entity: (1) 

To assist in making a determination 

regarding redress for an individual in 

connection with the operations of a DHS 

component or program; (2) for the 

purpose of verifying the identity of an 

individual seeking redress in 

connection with the operations of a DHS 

component or program; or (3) for the 

purpose of verifying the accuracy of 

information submitted by an individual 

who has requested such redress on 

behalf of another individual. 

R. To the Federal Bureau of 

Investigation, the National CounterTerrorism Center (NCTC), the Terrorist 

Screening Center (TSC), or other 

appropriate Federal agencies, for the 

integration and use of such information 

to protect against terrorism, if that 

record is about one or more individuals 


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known, or suspected, to be or to have 

been involved in activities constituting, 

in preparation for, in aid of, or related 

to terrorism. Such information may be 

further disseminated by recipient 

agencies to Federal, State, local, 

territorial, Tribal, and foreign 

government authorities, and to support 

private sector processes as contemplated 

in Homeland Security Presidential 

Directive/HSPD–6 and other relevant 

laws and directives, for terrorist 

screening, threat-protection and other 

homeland security purposes. 

S. To appropriate Federal, State, local, 

Tribal, or foreign governmental agencies 

or multilateral government 

organizations for the purpose of 

protecting the vital interests of a data 

subject or other persons, including to 

assist such agencies or organizations in 

preventing exposure to or transmission 

of a communicable or quarantinable 

disease or to combat other significant 

public health threats; appropriate notice 

will be provided of any identified health 

risk, as practicable. 

T. 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 electronic records are 

stored on magnetic disc, tape, digital 

media, and CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by visa 

applicant name, passport number, or 

visa control number. 

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. 

The system maintains a real-time 

auditing function of individuals who 

access the system. 

RETENTION AND DISPOSAL: 

ICE is in the process of drafting a 

proposed record retention schedule for 

the information maintained in VSPR, 

including system information 

maintained in VSPTS–Net. ICE 

anticipates retaining the following 

records for 25 years after the date of 

review: visa security reviews where ICE 

has no adverse finding and does not 

object to the issuance of a visa, visa 

security reviews where ICE does not 

object to the issuance of a visa but 

provides derogatory information to the 

Department of State regarding the 

applicant, and visa security reviews 

where ICE recommends against the 

issuance of a visa, with no nexus to 

terrorism. ICE anticipates retaining the 

following records for 75 years after the 

date of review: visa security reviews 

where ICE recommends against the 

issuance of a visa due to a nexus to 

terrorism, or where ICE does not object 

to the issuance of the visa but provides 

terrorism-related information to the 

State Department regarding the 

applicant. ICE also anticipates that 

extracts of visa applicant data created 

for the purpose of creating VSPTS–Net 

records will be retained by ICE for one 

week and then destroyed/deleted. 

SYSTEM MANAGER AND ADDRESS: 

Visa Security Program Unit Chief, 

Office of International Affairs, U.S. 

Immigration and Customs Enforcement, 

800 N. Capitol Street NW., Suite 300, 

Washington, DC 20536. 

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, 

ICE will consider requests 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 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 Drive, 

SW., Building 410, STOP–0550, 

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. 

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) will 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: 

Information is obtained from the visa 

application, the visa applicant, Federal 

databases, foreign governments, 

Interpol, Europol, employers, family 

members, public records, the Internet, 

and other individuals or entities from 

which information is collected during a 

visa security review. 


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EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Pursuant to exemption 5 U.S.C. 

552a(j)(2) of the Privacy Act, portions of 

this system are exempt from 5 U.S.C. 

552a(c)(3) and (4); (d); (e)(1), (e)(2), 

(e)(3), (e)(4)(G), and (e)(4)(H), (e)(5) and 

(e)(8); (f); and (g). Pursuant to 5 U.S.C. 

552a(k)(1) and (k)(2), this system is 

exempt 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)(1), (e)(4)(G), (e)(4)(H), and (f). In 

addition, to the extent a record contains 

information from other exempt systems 

of records, DHS will rely on the 

exemptions claimed for those systems. 

Dated: September 23, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–23522 Filed 9–29–09; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID: FEMA–2009–0001] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice; 60-day notice and 

request for comments; new information 

collection; OMB No. 1660–NEW; FEMA 

Form 089–8, IBSGP Investment 

Justification Template. 

SUMMARY: The Federal Emergency 

Management Agency, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a proposed new 

information collection. In accordance 

with the Paperwork Reduction Act of 

1995, this Notice seeks comments 

concerning the Intercity Bus Security 

Grant Program (IBSGP). 

DATES: Comments must be submitted on 

or before November 30, 2009. 

ADDRESSES: To avoid duplicate 

submissions to the docket, please use 

only one of the following means to 

submit comments: 

(1) Online. Submit comments at 

http://www.regulations.gov under 

docket ID FEMA–2009–0001. Follow the 

instructions for submitting comments. 

(2) Mail. Submit written comments to 

Office of Chief Counsel, Regulation and 

Policy Team, DHS/FEMA, 500 C Street, 

SW., Room 835, Wash, DC 20472–3100. 

(3) Facsimile. Submit comments to 

(703) 483–2999. 

(4) E-mail. Submit comments to 

FEMA–POLICY@dhs.gov. Include docket 

ID FEMA–2009–0001 in the subject line. 

All submissions received must 

include the agency name and docket ID. 

Regardless of the method used for 

submitting comments or material, all 

submissions will be posted, without 

change, to the Federal eRulemaking 

Portal at http://www.regulations.gov, 

and will include any personal 

information you provide. Therefore, 

submitting this information makes it 

public. You may wish to read the 

Privacy Act notice that is available on 

the Privacy and Use Notice link on the 

Administration Navigation Bar of 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Contact Alexander Mrazik, Program 

Analyst, Grant Programs Directorate, 

202–786–9732 for additional 

information. You may contact the 

Records Management Branch for copies 

of the proposed collection of 

information at facsimile number (202) 

646–3347 or e0mail address: FEMA– 

Information-Collections@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Intercity Bus Security Grant Program 

(IBSGP) is a DHS grant program that 

focuses on infrastructure protection 

activities. IBSGP is one tool among a 

comprehensive set of measures 

authorized by Congress and 

implemented by the Administration to 

help strengthen the nation’s critical 

infrastructure against risks associated 

with potential terrorist attacks. Section 

1532, Title XV of the Implementing 

Recommendations of the 9/11 

Commission Act of 2007 (6 U.S.C. 1182), 

mandates the Secretary to establish a 

grant program for eligible private 

operators providing transportation by an 

over-the-road bus for security 

improvements and that the Secretary 

shall determine the requirements for 

grant recipients, including application 

requirements. 

Collection of Information 

Title: FEMA FY 2009 Preparedness 

Grants: Intercity Bus Security Grant 

Program (IBSGP). 

Type of Information Collection: New 

information collection. 

OMB Number: 1660–NEW. 

Form Titles and Numbers: FEMA 

Form 089–8, IBSGP Investment 

Justification Template. 

Abstract: The IBSGP Investment 

Justification Template is submitted with 

the application which provides 

narrative details on proposed 

investments. These Investment 

Justifications must demonstrate how 

proposed projects address gaps and 

deficiencies in current programs and 

capabilities and the ability to provide 

enhancements consistent with the 

purpose of the program and guidance 

provided by FEMA. The data from the 

IBSGP Investment Justification 

Template is collected to assist decisionmaking at all levels, although it is 

primarily used by individual 

application reviewers. 

Affected Public: Business or other forprofit. 

Estimated Total Annual Burden 

Hours: 280 hours. 

TABLE A.12—ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

Type of respondent Form name/form 

number 

Number of 

respondents 

Number of 

responses 

per respondent 

Total number of responses 

Avg. burden 

per response 

(in hours) 

Total annual 

burden 

(in hours) 

Avg. hourly 

wage rate* 

Total annual 

respondent 

cost 

Business or other 

for-profit.

IBSGP Investment 

Justification 

Template, FEMA 

Form 089–8.

56 1 56 5 280 $25.97 $7,271.60 

Total ............... ............................... 56 .................... .................... .................... 280 .................... $7,271.60 


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