[Federal Register: August 4, 2005 (Volume 70, Number 149)]
[Notices]
[Page 44934-44938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au05-50]
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DEPARTMENT OF HOMELAND SECURITY
[DHS 2005-0011]
RIN 1650-AA01
United States Visitor and Immigrant Status Indicator Technology
Program; Notice on Automatic Identification of Certain Nonimmigrants
Exiting the United States at Select Land Border Ports-of-Entry
AGENCY: Border and Transportation Security Directorate, Department of
Homeland Security.
ACTION: Notice with request for comments.
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SUMMARY: The Department of Homeland Security has established the United
States Visitor and Immigrant Status Indicator Technology Program, an
integrated, automated entry-exit system that records the arrival and
departure of aliens; verifies aliens' identities; and authenticates
aliens' travel documents through comparison of biometric identifiers.
On August 31, 2004, the Department of Homeland Security implemented the
second phase of the United States Visitor and Immigrant Status
Indicator Technology Program by publishing an interim rule in the
Federal Register authorizing collection of biometric data from
travelers upon admission at the 50 most highly trafficked land border
ports-of-entry. This Notice informs the public of the further expansion
of the second phase of the program by establishing a limited testing or
proof of concept protocol for automatically documenting the exits and
any subsequent re-entries of nonimmigrant travelers at five United
States land border ports-of-entry crossings utilizing radio frequency
identification (RFID) technology. The purpose of this testing is to
determine if RFID technology can improve the efficiency of processing
individuals who seek to enter or exit the United States at a land
border port-of-entry. This program of testing will last approximately
one year.
DATES: Effective Dates: This Notice is effective August 4, 2005.
Written comments must be submitted on or before October 3, 2005.
ADDRESSES: You may submit comments identified by DHS-2005-0011 to the
Docket Management Facility at the EPA. To avoid duplication, please use
only one of the following methods:
Web site: http://www.epa.gov/edocket. Follow the
instructions for submitting comments at that Web site.
Mail: Written comments may be submitted to Craig Howie,
US-VISIT, Border and Transportation Security; Department of Homeland
Security; 1616 North Fort Myer Drive, 18th Floor, Arlington, VA 22209.
Submitted comments may be inspected at 1616 North Ft. Myer Drive,
Arlington, VA 22209 between 9 a.m. and 5 p.m., Monday through Friday
except Federal holidays. Arrangements to inspect submitted comments
should be made in advance by calling (202) 298-5200. You may also find
this docket on the Internet at http://www.epa.gov/edocket.
FOR FURTHER INFORMATION, CONTACT: Craig Howie, Senior Regulatory
Analyst, US-VISIT, Border and Transportation Security, Department of
Homeland Security, 1616 Fort Myer Drive, 18th Floor, Arlington,
Virginia 22209, (202) 298-5200.
Authority: 8 U.S.C. 1103, 1184, 1185, 1258, 1281, 1282, 1301-
1306, E.O. 13323.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority for US-VISIT
The Department of Homeland Security (DHS) established the United
States Visitor and Immigrant Status Indicator Technology Program (US-
VISIT) in accordance with several statutory mandates that collectively
require DHS to create an integrated, automated entry and exit system
(entry-exit system) that records the arrival and departure of aliens;
verifies the identities of aliens at a land border port-of-entry; and
authenticates travel documents presented by such aliens through the
comparison of biometric identifiers at a land border port-of-entry.
Aliens subject to US-VISIT may be required to provide finger scans,
photographs, or other biometric identifiers upon arrival in, or
departure from, the United States. DHS views US-VISIT as a biometric
driven program designed to enhance the security of United States
citizens, permanent residents, and visitors while expediting legitimate
travel and trade, ensure the integrity of the immigration system, and
protect visitors' personal information.
The statutes that authorize DHS to establish US-VISIT include, but
are not limited to:
Section 2(a) of the Immigration and Naturalization Service
Data Management Improvement Act of 2000, Public Law 106-215, 114 Stat.
337 (June 15, 2000);
Section 205 of the Visa Waiver Permanent Program Act of
2000, Public Law 106-396, 114 Stat. 1637, 1641 (Oct. 30, 2000);
Section 414 of the Uniting and Strengthening America by
Providing Appropriate Tools Required To Intercept and Obstruct
Terrorism Act of 2001 (USA PATRIOT Act), Public Law 107-56, 115 Stat.
271, 353 (Oct. 26, 2001); and
Section 302 of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (Border Security Act) Public Law 107-173, 116 Stat.
543, 552 (May 14, 2002).
DHS provided detailed abstracts of the particular sections of the
statutes that established and authorized the US-VISIT program in two
prior rulemakings. See 69 FR 468 (Jan. 5, 2004); 69 FR 53318 (Aug. 31,
2004).
In addition, on December 17, 2004, the Intelligence Reform and
Terrorism Prevention Act of 2004 (IRPTA), Public Law 108-458, sec.
7208, 118 Stat. 3638, 3817 (Dec. 17, 2004), specifically addressed
biometric entry and exit, and subsection (c) calls for the Secretary to
accelerate the full implementation of the US-VISIT program. The proof
of concept protocol described within this Notice assists DHS in
accelerating the full implementation of US-VISIT.
II. Implementation of US-VISIT, Phases One and Two
On January 5, 2004, DHS published an interim rule in the Federal
Register establishing US-VISIT at air and sea ports-of-entry designated
by notice in the Federal Register. See 69 FR 468. Also on January 5,
2004, DHS published a notice in the Federal Register, 69 FR 482,
designating 115 airports and 14 seaports for the collection of
biometric data from certain nonimmigrant travelers upon arrival to the
United States under the US-VISIT program. Since January 5, 2004,
travelers applying for admission pursuant to a nonimmigrant visa at
designated air and seaports have been required to submit finger scans
and photographs.
The January 5, 2004, interim rule also provided for the Secretary
to establish pilot programs at up to fifteen air or sea ports of entry,
to be identified by notice in the Federal Register, through which DHS
may require certain nonimmigrant travelers who depart from a designated
air or sea port-of-entry to provide specified biometric identifiers and
other evidence at the time of departure. See 8 CFR 215.8. On January 5,
2004, DHS published a notice in the Federal
[[Page 44935]]
Register, 69 FR 482, identifying the implementation of exit pilot
programs at Baltimore-Washington International Airport (BWI) and the
Miami Seaport. DHS has also implemented exit pilot programs at an
additional 13 ports of departure, as identified by Notice in the
Federal Register on August 3, 2004. See 69 FR 46556.
On August 31, 2004, DHS regulations were amended to implement the
second phase of US-VISIT by expanding the program to the 50 most highly
trafficked land border ports-of-entry in the United States as directed
under section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, Pub. L. 104-208, div. C, sec. 110, 110
Stat. 3009-558 (Sept. 30, 1006), as amended (8 U.S.C. 1365a(d)(2)).
This interim rule also expanded the population of nonimmigrant aliens
subject to US-VISIT biometric data collection. Biometric data
collection at the time of entry for those nonimmigrants subject to US-
VISIT was implemented at the 50 most highly trafficked United States
land border ports-of-entry by December 31, 2004, and to nonimmigrants
applying for admission to the United States under the provisions of the
Visa Waiver Program. The list of the 50 most highly trafficked United
States land border ports-of-entry was published in a Federal Register
notice on November 9, 2004. See 69 FR 64964. This Notice also advised
the public that DHS planned, via a future notice, to begin another
pilot program on biometric data collection at the time of an alien's
exit from the United States at select land border port-of-entry
crossings. As has been noted in previously published DHS interim rules,
staggering the implementation of US-VISIT, starting with a few initial
locations, will enable DHS to test the system and identify areas where
the process for collection of biometric information may be improved.
III. Automatic Identification at Exit and Subsequent Re-entry at United
States Land Ports-of-Entry
A. Radio Frequency Identification Technology
The interim rule of August 31, 2004 amended the DHS regulations, 8
CFR 215.8(a)(1), to allow for the development of pilot programs that
document when a nonimmigrant traveler exits from the United States at a
designated land border port-of-entry. This Notice provides the public
with information on how DHS plans to test exit and entry control
through the use of passive radio frequency identification (RFID)
technology at five United States land border locations.
RFID is a technology that is similar, in theory, to bar code
identification. In both technologies, a tag is scanned to retrieve an
identifying number that is used to find information contained in a
database. An RFID tag contains an antenna and chip that stores data.
The tag receives and responds to radio frequency queries from an RFID
reader. There are a number of different types of RFID tags. Entirely
passive tags use the energy from the radio frequency query to provide
power to the chip on the tag and to reflect the information stored on
the chip back to the reader. Because the reader's energy is used in
this way there is limited power available to store the information and
retrieve during a read. Accordingly, the amount of information stored
is limited to an identifying number. At the other end of the spectrum,
some active RFID tags can affirmatively transmit radio signals
containing substantive information contained in the tag to any reader
that has the capability of reading the tag.
Passive RFID tags do not have their own power supply. In passive
RFID technology, the incoming radio frequency provides all of the power
for the tag to send a response. The response of a passive RFID tag is
necessarily brief: typically just a unique identification number.
Passive tags have limited read ranges, reader power levels and local
factors. Based on these variables, reliable reads can be received from
a few inches to as much as 30 feet away from the reader. Longer reads
are impractical with passive tags.
In contrast, active RFID tags must have a power source and have
larger memories than passive tags. An active RFID tag may store a
substantial amount of substantive information that may be transmitted
to any reader with the capability of reading the tag. Active tags are
used, for example, by many States to automatically collect tolls on
highways, such as EZ-PASS, and these devices generate an identifying
signal to a receiver at a toll plaza.
The RFID tags that will be tested by US-VISIT under this Notice are
passive and will contain only the unique identification number from the
tag embedded in the U.S. Citizenship and Immigration Services (USCIS)
forms which usually are issued by Bureau of Customs and Border
Protection (CBP) agents to nonimmigrant aliens upon entry into the
United States. Upon arrival into the United States at a land border
port-of-entry, a CBP agent will provide a nonimmigrant traveler with a
USCIS Form I-94 (white), Arrival/Departure Record, or Form I-94W
(green), Nonimmigrant Visa Waiver Arrival/Departure Form. These forms
ask for basic identification information and the address where the
traveler will stay while in the United States. The Form I-94W is issued
to nonimmigrant travelers admitted to the United States under the
provisions of the Visa Waiver Program.
The chip that will be imbedded in the USCIS forms at identified
land border ports-of-entry participating in the test will not contain
any information about the individual traveler. The chip will contain
only a unique identifier for the specific Form I-94. This program will
test the optimal distance at which the tag can be read during the
traveler's exit and any subsequent re-entry and the tag's effectiveness
and accuracy. For example, when a traveler leaves the United States
from one of the identified land border ports-of-entry, either on foot
or in a vehicle, the traveler's tag will be read and documented when
the traveler passes through a specially designed gantry on which hang
RFID antennas. If this traveler has a multiple entry I-94 and
subsequently applies for re-admission, the RFID tag will be read as the
traveler approaches the port-of-entry, again either on foot or in a
vehicle. At that point, the US-VISIT computer systems will call up the
associated information about the traveler more quickly and that
information will be available when the traveler presents the multiple-
entry Form I-94 before the inspecting officer. As noted above, the Form
I-94 chip will contain no information about the individual, other than
a unique number that has no meaning except to US-VISIT computer systems
that are being operated by DHS.
DHS, through CBP, has utilized radio frequency technology for many
years in several dedicated commuter lane programs at United States land
border ports-of-entry--in particular the Secure Electronic Network for
Travelers Rapid Inspection (SENTRI) program along the southern border
with Mexico and the dedicated commuter lane system (NEXUS) along the
northern border with Canada. This Notice does not eliminate or replace
any of the currently used dedicated commuter lane programs at United
States land border ports-of-entry, or programs designed to assist the
flow of international commercial cargo, such as the Automated
Commercial Environment (ACE) program.
B. Radio Frequency Technology for Automatic Identification
As noted above, DHS, through CBP, has utilized RFID technology for
many years in several dedicated commuter
[[Page 44936]]
lane programs at United States land border ports-of-entry. Taking this
concept one step further, DHS plans to test the use of RFID technology
to match data gathered at the time of entry and exit at certain proof
of concept ports of entry with a traveler's biographic and/or biometric
information that was collected when the traveler was initially admitted
to the United States at a proof of concept land border port-of-entry
and issued Form I-94 or I-94W.
As noted above, DHS, through CBP, has utilized RFID technology for
many years in several dedicated commuter lane programs at United States
land border ports-of-entry. Taking this concept one step further, DHS
plans to test using RFID technology in the following way: matching the
biographic and/or biometric data collected when a traveler is initially
admitted to the United States at a proof of concept land border port-
of-entry and issued Form I-94 or I-94W with the data collected, by way
of RFID technology, at the time of the traveler's exit and if
applicable re-entry at a land border proof of concept port-of-entry.
For this proof of concept, DHS plans to embed an RFID tag into the
paper stock of the Form I-94 and plans to use RFID passive tags. The
tag will be powered by the radio frequencies transmitted by
transceivers that will be mounted at both vehicular and pedestrian exit
lanes at select land border ports-of-entry. When travelers either drive
or walk through the port-of-entry to leave the United States, the
transceivers will send out a harmless radio wave frequency that will
power the DHS-issued RFID tag to transmit back a unique identifier code
number. This code number, when received by the transceivers, will be
relayed back to secure DHS computer systems and matched with the
biographic and/or biometric data of the traveler. DHS will be able to
automatically identify and document the exits and, if applicable, the
subsequent re-entry of select travelers at the United States land
border ports-of-entry identified in the proof of concept protocol.
C. RFID-Embedded Form I-94 Issuance and US-VISIT Enrollment Process
For purposes of automatic identification, all nonimmigrant
travelers issued a Form I-94 or Form I-94W at a proof of concept United
States land border port-of-entry will be issued a Form I-94 or Form I-
94W that has an RFID tag embedded in the paper stock. DHS will issue an
RFID-embedded Form I-94 to all applicable travelers because such
travelers are required under the current US-VISIT program to comply
with the biographic data collection requirements of the admission and
exit process, regardless of whether the traveler has had his or her
biometrics collected and thereby enrolled in the US-VISIT program. This
is an important distinction. A traveler exempt from US-VISIT enrollment
is not screened using biometrics, but is screened using biographic
information, including entry and exit information, that is maintained
on the traveler in various DHS databases. An automatic identification
tag embedded in the Form I-94 or Form I-94W issued to a traveler exempt
from US-VISIT will not read back against any biometric-driven database
maintained by DHS, but will ``point'' to the biographic information
within DHS databases. Issuing automatic identification tags to all
nonimmigrant travelers issued a Form I-94 or Form I-94W at a proof of
concept location is an important part of the DHS comprehensive approach
to managing our land borders because it will provide DHS, for the first
time, with information that will accurately document the traveler's
exit from the United States at a land border port-of-entry.
DHS will continue to enroll into US-VISIT at United States land
border ports-of-entry those travelers issued Form I-94 or Form I-94W at
the time of admission and who are not otherwise exempt from the
biometric collection requirements. Those travelers who are otherwise
exempt from US-VISIT enrollment, even if issued a Form I-94 or Form I-
94W at a land border port-of-entry, will continue to be exempt from US-
VISIT biometric enrollment. See 8 CFR 235.1(d)(1)(iv)(A)-(D)
(nonimmigrant aliens for which the biometric enrollment requirements of
the US-VISIT program do not apply). This means that Canadian citizens
not requiring a Form I-94 (the majority of Canadians crossing the
border at land ports-of-entry) and Mexican citizens admitted to the
United States with a B-1/B-2 Visa and Border Crossing Card (BCC)--and
whose intent is to abide by the requirement that they exit within 30
days or less and the travel limitation of staying within 25 miles of
the border (75 miles within parts of the state of Arizona)--will not be
enrolled in US-VISIT or be issued an automatic ID tag at the time of
admission. In addition, travelers must note that the unique automatic
identification tag that will be issued is not a replacement for either
a valid passport or valid nonimmigrant visa if either of these
documents is required at the time of application for admission to the
United States.
Only those travelers issued Form I-94 or Form I-94W at United
States land border ports-of-entry proof of concept locations will
receive an automatic identification tag and, unless otherwise exempt,
be enrolled in the US-VISIT program. Since a nonimmigrant traveler
needing a Form I-94 at a land border port-of-entry is directed to the
CBP secondary inspection area, CBP officers will collect biometrics
from these travelers at the time of admission and issue the traveler an
RFID-embedded Form I-94. At the time of issuance, the RFID tag will be
activated and the unique code number embedded on the tag will be
automatically linked to the traveler's biographic and/or biometric
information that is stored in DHS databases. This procedure should
prove to be only a modest change of the current process for issuing
Form I-94 or Form I-94W for these select nonimmigrant travelers.
Nothing in this Notice expands the classes of nonimmigrant travelers
who are required issuance of a Form I-94 or Form I-94W, and DHS is not
increasing the fee for Form I-94 or Form I-94W issuance.
D. Using the RFID Tag at Exit and Subsequent Admissions
After a CBP officer has issued an RFID-enabled Form I-94 or Form I-
94W, travelers will need to keep the document in their possession as
they would a regular Form I-94 (see section 264(e) of the Immigration
and Nationality Act (the Act), 8 U.S.C. 1304(e)), and especially if
they plan to exit the United States from one of the proof of concept
ports-of-entry. When exiting the United States at one of the proof of
concept ports-of-entry, the test will examine if the RFID-enabled Form
I-94 can be read automatically, regardless of whether the traveler is
on foot or in a vehicle. While initial testing of the reading
capabilities of the RFID tags has shown a high read rate with little to
no action required by the traveler, DHS will advise travelers of any
actions they may need to take in order to guarantee that the RFID-
enabled Form I-94 is read automatically. For example, it may be
necessary for persons traveling in a private vehicle to place the Form
I-94s on the seat next to them while exiting the United States. DHS
will issue guidance and instructions to all travelers issued an
automatic identification tag as part of the Form I-94 issuance process,
as well conduct an educational campaign in the border regions affected
by the testing.
Travelers issued multiple entry Form I-94s at United States land
border proof of concept ports-of-entry will be able to use these
documents at the time of a subsequent application for re-entry into
[[Page 44937]]
the United States. By reading the RFID tag at the time of re-entry, the
CBP officer will be able to automatically access the traveler's
previously collected biographic and biometric (unless exempt)
information. In this way, the pre-positioning of previously collected
information is similar to the operation of the current CBP NEXUS and
SENTRI systems. DHS is testing whether the ability to read the RFID tag
and call up the previously collected information immediately prior to
presentation of the Form I-94 to the CBP officer will improve
processing times for admission in primary inspection.
DHS notes that exception scenarios will be built into the proof of
concept process. It is inevitable that some automatic identification
tags will become lost, damaged, or will simply not work for whatever
technical reason. For example, some travelers, at the time of exit, may
be in possession of an automatic identification tag issued to another
alien, such as a person mistakenly having in his or her possession the
I-94 of their spouse. Such situations will undoubtedly take place and
US-VISIT and CBP will build into the standard operating procedures
processes that will address exception scenarios such as those just
described.
In order to improve the ability of DHS to monitor overstays of
authorized periods of admission, DHS anticipates that issuing to
travelers RFID-enabled Forms I-94 or Forms I-94W will permit DHS to
have the data associated with the automatic identification tags
automatically checked against a number of databases, including various
lookout systems. Such checks will be performed automatically and
remotely by way of the automatic identification tag being read at the
time of exit or subsequent re-entry (for those aliens with multiple
entry Form I-94 documents). Any noted overstay of an authorized period
of admission detected by the automatic identification capabilities at
the time of a traveler's exit from the United States will require the
traveler to be processed through secondary inspection for questioning
if the traveler makes a subsequent application for admission.
E. Traveler Responsibilities
As DHS noted in the preamble to the interim rule published in the
Federal Register on August 31, 2004, US-VISIT continues to inform the
public of their responsibility to comply with all United States entry
and exit requirements. See 69 FR 53326. DHS and the Department of State
(DOS) will review all evidence surrounding any prior travel to, and
departure from, the United States to determine whether a traveler has
complied with the terms of his or her admission. At the time a traveler
subsequently applies for a visa or admission, information from US-
VISIT, including departure information derived from the proofs of
concept outlined in this Notice, will be one factor relied upon by
consular and CBP officers when determining whether the traveler
complied with the terms of his or her prior admission, and whether the
traveler should be granted a visa or be admitted.
To that end, DHS reminds travelers of their responsibility to
maintain in their personal possession any RFID-enabled Form I-94 or
Form I-94W while in and when exiting the United States. See section
264(e) of the Act, 8 U.S.C. 1304(e). Using a multiple entry RFID-
enabled Form I-94 or Form I-94W when applying for a subsequent
admission at a proof of concept United States land border port-of-entry
may facilitate admission. See 8 CFR 235.1(f). Travelers should also
note that any willful attempt to tamper with or deactivate an automatic
identification tag or to willfully and knowingly engage in practices
such as, but not limited to, transporting another traveler's tag across
the United States border at a proof of concept port-of-entry could
render the traveler inadmissible under the fraud and misrepresentation
provisions of section 212(a)(6)(C) of the Act, 8 U.S.C. 1182(a)(6)(C),
and liable for criminal prosecution.
F. Impact on International Land Borders
DHS wishes to stress the importance the Department is placing on
maintaining the free flow of individuals and goods across our shared
international land borders. To not do so would erase decades of work on
improving the flow of individuals and goods between the United States,
Canada and Mexico. DHS intends to use strategies for automated exit and
re-entry that will work to foster both a safer and more secure border
without compromising our unique border relationships with Canada and
Mexico. To this end, DHS, in partnership with DOS, plans to work with
the governments of Canada and Mexico to further refine the use of radio
frequency technology along the land borders and to possibly explore
alternative methods for documenting the exits and entries of
individuals crossing the land borders between our respective countries.
G. Public Privacy Interests
DHS fully realizes that individuals may be concerned about the use
of RFID technology and personal privacy. Under the DHS plan, no
personal information will be included or encoded on the RFID tags that
are embedded in the Form I-94 and Form I-94W and issued to travelers
crossing the border. The RFID tags will only contain an embedded serial
number that has no intrinsic relationship to the individual traveler.
Only the DHS computers and databases will be able to link the embedded
serial number to the traveler's biographic and biometric information
when activated at the time of an exit or subsequent application for
admission to the United States. This biographic and biometric
information is separately stored in secure databases used by the US-
VISIT and CBP programs in order to determine admissibility to the
United States and for other enforcement purposes. Even if an individual
has the capability to read a tag using an unauthorized scanning device,
the only information gained would be a meaningless series of digits,
not any biographic or biometric information.
Another privacy-related issue is whether the ability exists to
track a person's movements within the United States by way of the radio
frequency tag issued at the time of admission. It will not be possible
to track the whereabouts of a person in the United States because DHS
is using non-battery powered passive tags. The tags themselves can only
be activated by the radio wave sensors used at one of the proof of
concept land ports-of-entry and within the port of entry. Passive radio
frequency tags should not be confused with Global Positioning System
(GPS) devices--including cellular phones with GPS capability--that rely
on different technology than that used by radio frequency devices. US-
VISIT does not use global positioning technology.
As discussed in the January 5 and August 31, 2004 interim rules,
US-VISIT records will be protected consistent with all applicable
privacy laws and regulations. Personal information will be kept secure
and confidential and will not be discussed with, nor disclosed to, any
person within or outside US-VISIT other than as authorized by law and
as required for the performance of official duties. In addition,
careful safeguards, including appropriate security controls, will
ensure that the data is not used or accessed improperly. The
Department's Chief Privacy Officer continues to review pertinent
aspects of the program to ensure that proper safeguards and security
controls remain in place.
Personal information will be protected in accordance with the DHS'
published privacy policy for US-VISIT.
[[Page 44938]]
See 69 FR 2608 (Jan. 16, 2004) (appended to privacy impact assessment).
US-VISIT has implemented a process to facilitate the amendment or
correction by individuals of data that are not accurate, relevant,
timely, or complete. The full US-VISIT redress policy, including
request form, is available at http://www.dhs.gov/us-visit. The DHS
Privacy Office continues to exercise oversight of US-VISIT to ensure
that the information collected and stored in IDENT and other systems
associated with US-VISIT is being properly protected under the privacy
laws and guidance. US-VISIT also has a program-dedicated Privacy
Officer to handle specific inquiries and to provide additional
oversight of the program. A full Privacy Impact Assessment was
published in the Federal Register on July 7, 2005, at 70 FR 39300.
Finally, DHS will continue to maintain secure computer systems that
will ensure that the confidentiality of an individual's personal
information is maintained. In doing so, DHS and its information
technology personnel will comply with all laws and regulations
applicable to government systems, such as the Federal Information
Security Management Act of 2002, Title X, Public Law 107-296, 116 Stat.
2259-2273 (November 25, 2002) (codified in scattered sections of titles
6, 10, 15, 40, and 44 U.S.C.); Information Management Technology Reform
Act (Clinger-Cohen Act), 40 U.S.C. 11101 et seq.); Computer Security
Act of 1987, 40 U.S.C. 1441 et seq. (as amended); Government Paperwork
Elimination Act, 44 U.S.C. 101, 3504; and Electronic Freedom of
Information Act of 1996, 5 U.S.C. 552.
Persons with further questions about how the US-VISIT program is
applying the Privacy Act to enrollees may contact the US-VISIT Privacy
Officer, Mr. Steve Yonkers, by the following means: by mail--US-VISIT
Privacy Officer, Border and Transportation Security, Department of
Homeland Security, 245 Murray Lane, SW., Washington, DC 20538; by
telephone at (202) 298-5200 (not a toll-free number); or by e-mail at
USVISITPRIVACY@dhs.gov.
H. Schedule and Locations of Proof of Concept
DHS will begin issuing RFID embedded Forms I-94 or Forms I-94W on
or around August 4, 2005, at the following land border ports-of-entry
crossing locations: Pacific Highway, Washington, Peace Arch,
Washington, Alexandria Bay, New York, Nogales East, Arizona, Mariposa-
Nogales West, Arizona.
As already noted, DHS will conduct outreach in each of the above-
noted locations. This outreach will provide those travelers issued an
automatic identification or RFID tag, and especially those whose
biometrics are collected at any of the above noted crossing locations,
complete information on the proof of concept being conducted, on the
RFID-enabled Form I-94 or Form I-94W that will be issued to travelers,
and whether there will be the need for travelers to take any type of
affirmative action to make sure that the automatic identification tag
is read when the traveler next exits the United States at a proof of
concept crossing location. This RFID test program will continue for
approximately one year.
I. Proof of Concept Evaluation
DHS notes that none of the radio frequency technology protocols
outlined in this preamble will be installed at the busiest land border
ports-of-entry until the proof of concept programs are implemented
during the late summer and fall of 2005 and evaluated for accuracy and
effectiveness. While DHS has experience with using radio frequency
technology, the proof of concept will be the first instance where DHS
is attempting to automatically document the exits of select
nonimmigrant travelers at land border ports-of-entry. DHS will also be
working with technical experts to determine if any new technologies--
technologies other than those based on radio frequency--are able to
match or better the results DHS expects to receive during the proof of
concept.
DHS anticipates that the automatic identification proof of concept
will continue for approximately one year. This time period will allow
DHS to concurrently analyze the results of the proof of concept being
conducted at the above noted locations. Due to the significant cost
associated with implementing exit control at all United States land
border port-of-entry crossings, a full and comprehensive analysis of
the proof of concept testing must be undertaken prior to any nationwide
installation of radio frequency technology equipment. The results of
this analysis will be closely examined to see if radio frequency-based
technology does have the ability to increase the efficiency and
accuracy of documenting the exit and any subsequent reentry of
travelers at land border ports-of-entry. A staggered, incremental
installation approach is consistent with the overall strategy of the
US-VISIT program.
IV. Solicitation of Public Comment
As noted in previously published US-VISIT rulemaking actions, DHS
places a great deal of importance on input from the public on the
performance and implementation of the US-VISIT program. While DHS is
not under the obligation to solicit public comments in response to this
Notice, DHS is interested in whether the public has any suggestions for
automated methods to document the exit of travelers from the United
States other than those identified in this Notice. Accordingly, DHS is
soliciting comments from the public on all aspects of the issues
outlined in this Notice.
The comment filing process will use the standard procedure and
instructions for filing are included at the beginning of this Notice.
The comment period will be open until October 3, 2005.
Dated: August 1, 2005.
Michael Chertoff,
Secretary of Homeland Security.
[FR Doc. 05-15487 Filed 8-3-05; 8:45 am]
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