According to the DHS disclosure form, it is a joint action by the DHS and the Treasury Department to implement an "Automated Targeting System" as an extension of 19 U.S.C. 482, 1461, 1496, and 1581-1582, 8 U.S.C. 1357, Title VII of Public Law 104-208, and 49 U.S.C. 44909 (essentially, the Privacy Act of 1974). This system uses a logarithm program to assess a "terrorism score" to all travelling Americans based upon a wide variety of data (compiled and maintained for every individual for a period of forty years).
There is no provision to contest this data and is only accessible on a "need-to-know" basis:
"Since this system of records may not be accessed, generally, for
purposes of determining if the system contains a record pertaining to a particular individual and those records, if any, cannot be inspected,the system may not be accessed under the Privacy Act for the purpose of contesting the content of the record."
The document was authorized for release on 27 October, 2006 by Hugo Teufel III,Chief Privacy Officer (Department of Homeland Security). German speakers may feel free to note the irony.
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