80 FR 13398 - Privacy Act of 1974; Department of Homeland Security/United States Customs and Border Protection-016 Nonimmigrant and Immigrant Information System

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range		13398-13401
FR Document		2015-05804
In accordance with the Privacy Act of 1974 and as part of the Department of Homeland Security's ongoing effort to review and update legacy system of record notices, the Department of Homeland Security (DHS) proposes to update and reissue the following legacy record system, Department of Homeland Security/United States Customs and Border Protection-016 Nonimmigrant Information System. This system of records notice has been updated to include system name, security classification, system location, purpose(s), storage, retention and disposal, and notification procedures. The previous final rule exempts this system from certain aspects of the Privacy Act, and will continue to do so. This notice also includes non-substantive changes to simplify the formatting and text of the previously published notice. This updated system will be included in DHS's inventory of systems of records, located on the DHS Web site at http://www.dhs.gov/system- records-notices-sorns.
Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015)
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13398-13401]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05804]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2015-0008]


Privacy Act of 1974; Department of Homeland Security/United 
States Customs and Border Protection-016 Nonimmigrant and Immigrant 
Information System

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the 
Department of Homeland Security's ongoing effort to review and update 
legacy system of record notices, the Department of Homeland Security 
(DHS) proposes to update and reissue the following legacy record 
system, Department of Homeland Security/United States Customs and 
Border Protection-016 Nonimmigrant Information System. This system of 
records notice has been updated to include system name, security 
classification, system location, purpose(s), storage, retention and 
disposal, and notification procedures. The previous final rule exempts 
this system from certain aspects of the Privacy Act, and will continue 
to do so. This notice also includes non-substantive changes to simplify 
the formatting and text of the previously published notice. This 
updated system will be included in DHS's inventory of systems of 
records, located on the DHS Web site at http://www.dhs.gov/system-records-notices-sorns.

DATES: Written comments must be submitted on or before April 13, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0008 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Karen L. Neuman, 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: 
John Connors, (202) 344-1610, Privacy Officer, United States Customs 
and Border Protection, Privacy and Diversity Office, 1300 Pennsylvania 
Ave. NW., Washington, DC 20229. For privacy questions, please contact: 
Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, 
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) United States Customs and Border 
Protection (CBP) proposes to update and reissue a current DHS system of 
records titled, ``DHS/CBP-016 Nonimmigrant Information System System of 
Records.''
    DHS is updating and reissuing a DHS/CBP system of records under the 
Privacy Act (5 U.S.C. 552a) to reflect CBP's current and future 
practices regarding the processing of foreign nationals entering the 
United States. CBP inspects all persons applying for admission to the 
United States. As part of this inspection process, CBP establishes the 
identity, nationality, and admissibility of persons crossing the border 
and may create a border crossing record, which would be covered by DHS/
CBP-007 Border Crossing Information System of Records Notice (78 FR 
31958, published on May 28, 2013), or additional CBP records, which 
would be covered by the DHS/CBP-011 TECS System of Records Notice (73 
FR 77799, published December 19, 2008) during this process. Similarly, 
CBP has authority to keep records of departures from the United States.
    In addition to information collected from the alien during the 
inspection process, CBP primarily uses two immigration forms to collect 
information from nonimmigrant aliens as they arrive in the United 
States: The I-94, Arrival/Departure Record; and the I-94W, Nonimmigrant 
Visa Waiver Arrival/Departure Form (for aliens applying for admission 
under the visa waiver program (VWP)). Separately, Canadian nationals 
that travel to the U.S. as tourists or for business and Mexican 
nationals who possess a nonresident alien Mexican Border Crossing Card 
are not required to complete an I-94 upon arrival. However, their 
information is maintained in Nonimmigrant and Immigrant Information 
System (NIIS). Additionally, DHS/CBP implemented an Electronic System 
for Travel Authorization (ESTA) to permit nationals of VWP countries to 
submit their biographic and admissibility information online in advance 
of their travel to the United States. Applicants under this program 
will have access to their accounts so that they may check the status of 
their ESTA and make limited amendments. ESTA is covered by privacy 
documentation including the DHS/CBP Electronic System for Travel 
Authorization SORN (79 FR 65414, published on November 3, 2014).
    In accordance with the Privacy Act of 1974 and as part of DHS's 
ongoing effort to review and update legacy system of record notices, 
DHS/CBP proposes to update and reissue the following system of records 
notice, DHS/CBP-016 Nonimmigrant and Information System (73 FR 77739, 
published December 19, 2008), as a DHS/CBP system of records notice 
titled, DHS/CBP-016 Nonimmigrant and Immigrant Information System 
System of Records. DHS/CBP changed the system name to reflect changes 
to the system, changed the security classification to reflect storage 
of records on a classified network, changed the system location to 
reflect a new location, changed the purpose to allow for replication of 
data for analysis and vetting, updated the storage due to the change in 
security classification, updated the retention and disposal to reflect 
that records will follow the same retention schedule, and changed the 
notification procedure to reflect that DHS/CBP will now also review 
replicated records.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/CBP-016 Nonimmigrant and Immigrant Information System 
System of Records may be shared with other DHS components that have a 
need to know the information to carry out their national security, law 
enforcement, immigration, intelligence, or other homeland security 
functions. In addition, information may be shared with appropriate 
federal, state, local, tribal, territorial, foreign, or international 
government agencies

[[Page 13399]]

consistent with the routine uses set forth in this system of records 
notice.
    Additionally, the exemptions for this system of records notice will 
remain in place. This updated system will be included in the 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 Federal Government agencies 
collect, maintain, use and disseminate 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 from which information is retrieved by the name of 
the 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 U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is a description of the DHS/CBP-016 Nonimmigrant and 
Immigrant Information System System of Records.
    In accordance with 5 U.S.C. 552a(r), a report concerning this 
record system has been sent to the Office of Management and Budget and 
to the Congress.
System of Records:
    Department of Homeland Security DHS/United States (U.S.) Customs 
and Border Protection (CBP)-016.

System Name:
    DHS/CBP-016 Nonimmigrant and Immigrant Information System.

Security Classification:
    Unclassified. The data may be retained on the classified networks 
but this does not change the nature and character of the data until it 
is combined with classified information.

System Location:
    Records are maintained in the operational system at CBP 
Headquarters in Washington, DC and at CBP field offices. Records are 
replicated from the operational system and maintained on the DHS 
unclassified and classified networks. This computer database is located 
at the U.S. Customs and Border Protection (CBP) National Data Center. 
Computer terminals are located at customhouses, border ports of entry, 
airport inspection facilities under the jurisdiction of the Department 
of Homeland Security and other locations at which DHS authorized 
personnel may be posted to facilitate DHS's mission. Terminals may also 
be located at appropriate facilities for other participating government 
agencies that have obtained system access pursuant to a Memorandum of 
Understanding.

Categories of Individuals Covered by This System:
    Categories of individuals covered by this system are nonimmigrant 
aliens entering and departing the United States.

Categories of Records in This System:
    The Nonimmigrant and Immigrant Information System (NIIS) is a 
dataset residing on the CBP Information Technology (IT) platform and in 
paper form. It contains arrival and departure information collected 
from foreign nationals entering and departing the United States on such 
forms as the I-94 and I-94W, or through interviews with CBP officers. 
This information consists of the following data elements, as 
applicable:
     Full Name (first, middle, and last);
     Date of birth;
     Email address, as required;
     Travel document type (e.g., passport information, 
permanent resident card), number, issuance date, expiration date and 
issuing country;
     Country of citizenship;
     Date of crossing both into and out of the United States;
     Scanned images linked through the platform;
     Airline and flight number;
     City of embarkation;
     Address while visiting the United States;
     Admission number received during entry into the United 
States;
     Whether the individual has a communicable disease, 
physical or mental disorder, or is a drug abuser or addict;
     Whether the individual has been arrested or convicted for 
a moral turpitude crime, drugs, or has been sentenced for a period 
longer than five years;
     Whether the individual has engaged in espionage, sabotage, 
terrorism, or Nazi activity between 1933 and 1945;
     Whether the individual is seeking work in the United 
States;
     Whether the individual has been excluded or deported, or 
attempted to obtain a visa or enter the United States by fraud or 
misrepresentation;
     Whether the individual has ever detained, retained, or 
withheld custody of a child from a U.S. citizen granted custody of the 
child;
     Whether the individual has ever been denied a U.S. visa or 
entry into the U.S., or had a visa cancelled (if yes, when and where);
     Whether the individual has ever asserted immunity from 
prosecution; and
     Any change of address while in the United States.
Authority for Maintenance of the System:
    The legal authority for NIIS comes from the Immigration and 
Nationality Act, 8 U.S.C. 1103, 1184, 1354; the Intelligence Reform and 
Terrorism Prevention Act of 2004, Public Law 108-458; the Homeland 
Security Act of 2002, Public Law 107-296; 5 U.S.C. 301; and the Federal 
Records Act, 44 U.S.C. 3101.

Purpose(s):
    NIIS is a repository of records for persons arriving in or 
departing from the United States as nonimmigrant visitors and is used 
for entry screening, admissibility, and benefits purposes. The system 
provides a central repository of contact information for such aliens 
while in the United States and also captures arrival and departure 
information for determination of future admissibility.
    DHS maintains a replica of some or all of the data in the operating 
system on the unclassified and classified DHS networks to allow for 
analysis and vetting consistent with the above stated purposes and this 
published notice.

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 (DOJ), including Offices of the 
United States Attorney or other federal agency conducting litigation or 
in proceedings before any court, adjudicative, or administrative body, 
when it is relevant or 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 or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.

[[Page 13400]]

    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 (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization 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 identity theft or fraud, 
harm to economic or property interests, harm to an individual, or harm 
to the security or integrity of this system or other systems or 
programs (whether maintained by DHS or another agency or entity) 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, when 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 response to a subpoena, or in connection with 
criminal law proceedings.
    I. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate to the proper 
performance of the official duties of the officer making the 
disclosure.
    J. To an organization or individual in either the public or private 
sector, either foreign or domestic, when 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.
    K. To an appropriate federal, state, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit, or if the information is relevant and 
necessary to a DHS decision concerning the hiring or retention of an 
employee, the issuance of a security clearance, the reporting of an 
investigation of an employee, the letting of a contract, or the 
issuance of a license, grant, or other benefit and when disclosure is 
appropriate to the proper performance of the official duties of the 
person making the request.
    L. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, for 
the purpose of protecting the vital interests of a data subject or 
other persons, (e.g., 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 
threat or risk).
    M. To federal and foreign government intelligence or 
counterterrorism agencies or components when CBP becomes aware of an 
indication of a threat or potential threat to national or international 
security, or when 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.
    N. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations when 
DHS is aware of a need to use relevant data for purposes of testing new 
technology and systems designed to enhance national security or 
identify other violations of law.
    O. 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 the Chief Privacy Officer determines 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:
    DHS/CBP stores records in this system electronically in the 
operational system as well as on the unclassified and classified 
network or on paper in secure facilities in a locked drawer behind a 
locked door. DHS/CBP stores the records on magnetic disc, tape, digital 
media, and CD-ROM. The data is stored electronically at the CBP and DHS 
Data Center for current data and offsite at an alternative data storage 
facility for historical logs, system backups, and in paper form.

Retrievability:
    These records may be searched on a variety of data elements 
including name, addresses, place and date of entry or departure, or 
country of citizenship as listed in the travel documents used at the 
time of entry to the United States. An admission number, issued at each 
entry to the United States to track the particular admission, may also 
be used to identify a database record.

Safeguards:
    All NIIS records are protected from unauthorized access through 
appropriate administrative, physical, and technical safeguards. These 
safeguards include all of the following: restricting access to those 
with a ``need to know''; using locks, alarm devices, and passwords; 
compartmentalizing databases; auditing software; and encrypting data 
communications.
    NIIS information is secured in full compliance with the 
requirements of the

[[Page 13401]]

DHS IT Security Program Handbook. This handbook establishes a 
comprehensive program, consistent with federal law and policy, to 
provide complete information security, including directives on roles 
and responsibilities, management policies, operational policies, and 
application rules, which will be applied to component systems, 
communications between component systems, and at interfaces between 
component systems and external systems.
    One aspect of the DHS comprehensive program to provide information 
security involves the establishment of rules of behavior for each major 
application, including NIIS. These rules of behavior require users to 
be adequately trained regarding the security of their systems. These 
rules also require a periodic assessment of technical, administrative, 
and managerial controls to enhance data integrity and accountability. 
System users must sign statements acknowledging that they have been 
trained and understand the security aspects of their systems. System 
users must also complete annual privacy awareness training to maintain 
current access.
    NIIS transactions are tracked and can be monitored. This allows for 
oversight and audit capabilities to ensure that the data is being 
handled consistent with all applicable federal laws and regulations 
regarding privacy and data integrity.

Retention and Disposal:
    NIIS data is subject to a retention requirement. The information 
collected and maintained in NIIS is used for entry screening, 
admissibility, and benefits purposes and is retained for seventy-five 
(75) years from the date obtained. However, NIIS records that are 
linked to active law enforcement lookout records, CBP matches to 
enforcement activities, and/or investigations or cases will remain 
accessible for the life of the law enforcement activities to which they 
may become related. The current disposition for paper copy is 180 days 
from date of departure. Records replicated on the unclassified and 
classified networks will follow the same retention schedule.

System Manager and address:
    Assistant Commissioner, Office of Information Technology, U.S. 
Customs and Border Protection Headquarters, 1300 Pennsylvania Avenue 
NW., Washington, DC 20229.

Notification procedure:
    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 CBP's FOIA Officer, 1300 
Pennsylvania Avenue NW., Washington, DC 20229.
    When seeking records about yourself from this system of records or 
any other CBP 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:
     Explain 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; and
     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 CBP 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.
    In processing requests for access to information in this system, 
CBP will review not only the records in the operational system but also 
the records that were replicated on the unclassified and classified 
networks, and based on this notice provide appropriate access to the 
information.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    The system contains certain data received on individuals, 
passengers and crewmembers that arrive in, depart from, or transit 
through the United States. This system also contains information 
collected from carriers that operate vessels, vehicles, aircraft, and/
or trains that enter or exit the United States and from the individuals 
upon crossing the U.S. border.
    Basic information is obtained from individuals, the individual's 
attorney/representative, CBP officials, and other federal, state, 
local, and foreign agencies.

Exemptions claimed for the system:
    No exemption shall be asserted with respect to information 
maintained in the system that is collected from a person or submitted 
on behalf of a person, if that person, or his or her agent, seeks 
access or amendment of such information.
    This system, however, may contain information related to an ongoing 
law enforcement investigation because the information regarding a 
person's travel and border crossing was disclosed to appropriate law 
enforcement in conformance with the above routine uses. As such 
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), DHS will claim exemption 
from (c)(3); (e)(8); and (g) of the Privacy Act of 1974, as amended, as 
is necessary and appropriate to protect this information.

    Dated: February 27, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-05804 Filed 3-12-15; 8:45 am]
BILLING CODE 9111-14-P
13398 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices

Estimated Number of Total Annual • Mail: Karen L. Neuman, Chief I–94W, Nonimmigrant Visa Waiver
Responses: 1,610. Privacy Officer, Privacy Office, Arrival/Departure Form (for aliens
Estimated Time per Response: 14 Department of Homeland Security, applying for admission under the visa
minutes. Washington, DC 20528. waiver program (VWP)). Separately,
Estimated Annual Burden Hours: 376. Instructions: All submissions received Canadian nationals that travel to the
Dated: March 4, 2015. must include the agency name and U.S. as tourists or for business and
Tracey Denning,
docket number for this rulemaking. All Mexican nationals who possess a
comments received will be posted nonresident alien Mexican Border
Agency Clearance Officer, U.S. Customs and
Border Protection.
without change to http:// Crossing Card are not required to
www.regulations.gov, including any complete an I–94 upon arrival.
[FR Doc. 2015–05756 Filed 3–12–15; 8:45 am]
personal information provided. However, their information is
BILLING CODE 9111–14–P
Docket: For access to the docket to maintained in Nonimmigrant and
read background documents or Immigrant Information System (NIIS).
comments received go to http:// Additionally, DHS/CBP implemented an
DEPARTMENT OF HOMELAND
www.regulations.gov. Electronic System for Travel
SECURITY
FOR FURTHER INFORMATION CONTACT: For Authorization (ESTA) to permit
Office of the Secretary general questions, please contact: John nationals of VWP countries to submit
Connors, (202) 344–1610, Privacy their biographic and admissibility
[Docket No. DHS–2015–0008] information online in advance of their
Officer, United States Customs and
Border Protection, Privacy and Diversity travel to the United States. Applicants
Privacy Act of 1974; Department of under this program will have access to
Homeland Security/United States Office, 1300 Pennsylvania Ave. NW.,
Washington, DC 20229. For privacy their accounts so that they may check
Customs and Border Protection–016 the status of their ESTA and make
Nonimmigrant and Immigrant questions, please contact: Karen L.
Neuman, (202) 343–1717, Chief Privacy limited amendments. ESTA is covered
Information System by privacy documentation including the
Officer, Privacy Office, Department of
AGENCY: Department of Homeland Homeland Security, Washington, DC DHS/CBP Electronic System for Travel
Security, Privacy Office. 20528. Authorization SORN (79 FR 65414,
ACTION: Notice of Privacy Act System of
published on November 3, 2014).
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of
Records.
I. Background 1974 and as part of DHS’s ongoing effort
SUMMARY: In accordance with the to review and update legacy system of
In accordance with the Privacy Act of record notices, DHS/CBP proposes to
Privacy Act of 1974 and as part of the
1974, 5 U.S.C. 552a, the Department of update and reissue the following system
Department of Homeland Security’s
Homeland Security (DHS) United States of records notice, DHS/CBP–016
ongoing effort to review and update
Customs and Border Protection (CBP) Nonimmigrant and Information System
legacy system of record notices, the
proposes to update and reissue a current (73 FR 77739, published December 19,
Department of Homeland Security
DHS system of records titled, ‘‘DHS/ 2008), as a DHS/CBP system of records
(DHS) proposes to update and reissue
CBP–016 Nonimmigrant Information notice titled, DHS/CBP–016
the following legacy record system,
System System of Records.’’ Nonimmigrant and Immigrant
Department of Homeland Security/ DHS is updating and reissuing a DHS/
United States Customs and Border Information System System of Records.
CBP system of records under the Privacy DHS/CBP changed the system name to
Protection–016 Nonimmigrant Act (5 U.S.C. 552a) to reflect CBP’s
Information System. This system of reflect changes to the system, changed
current and future practices regarding the security classification to reflect
records notice has been updated to the processing of foreign nationals
include system name, security storage of records on a classified
entering the United States. CBP inspects network, changed the system location to
classification, system location, all persons applying for admission to
purpose(s), storage, retention and reflect a new location, changed the
the United States. As part of this purpose to allow for replication of data
disposal, and notification procedures. inspection process, CBP establishes the
The previous final rule exempts this for analysis and vetting, updated the
identity, nationality, and admissibility storage due to the change in security
system from certain aspects of the of persons crossing the border and may
Privacy Act, and will continue to do so. classification, updated the retention and
create a border crossing record, which disposal to reflect that records will
This notice also includes non- would be covered by DHS/CBP–007 follow the same retention schedule, and
substantive changes to simplify the Border Crossing Information System of changed the notification procedure to
formatting and text of the previously Records Notice (78 FR 31958, published reflect that DHS/CBP will now also
published notice. This updated system on May 28, 2013), or additional CBP review replicated records.
will be included in DHS’s inventory of records, which would be covered by the Consistent with DHS’s information
systems of records, located on the DHS DHS/CBP–011 TECS System of Records sharing mission, information stored in
Web site at http://www.dhs.gov/system- Notice (73 FR 77799, published the DHS/CBP–016 Nonimmigrant and
records-notices-sorns. December 19, 2008) during this process. Immigrant Information System System
DATES: Written comments must be Similarly, CBP has authority to keep of Records may be shared with other
submitted on or before April 13, 2015. records of departures from the United DHS components that have a need to
mstockstill on DSK4VPTVN1PROD with NOTICES

ADDRESSES: You may submit comments, States. know the information to carry out their
identified by docket number DHS– In addition to information collected national security, law enforcement,
2015–0008 by one of the following from the alien during the inspection immigration, intelligence, or other
methods: process, CBP primarily uses two homeland security functions. In
• Federal e-Rulemaking Portal: immigration forms to collect addition, information may be shared
http://www.regulations.gov. Follow the information from nonimmigrant aliens with appropriate federal, state, local,
instructions for submitting comments. as they arrive in the United States: The tribal, territorial, foreign, or
• Fax: 202–343–4010. I–94, Arrival/Departure Record; and the international government agencies

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consistent with the routine uses set jurisdiction of the Department of • Whether the individual has ever
forth in this system of records notice. Homeland Security and other locations been denied a U.S. visa or entry into the
Additionally, the exemptions for this at which DHS authorized personnel may U.S., or had a visa cancelled (if yes,
system of records notice will remain in be posted to facilitate DHS’s mission. when and where);
place. This updated system will be Terminals may also be located at • Whether the individual has ever
included in the DHS’s inventory of appropriate facilities for other asserted immunity from prosecution;
record systems. participating government agencies that and
have obtained system access pursuant to • Any change of address while in the
II. Privacy Act
a Memorandum of Understanding. United States.
The Privacy Act embodies fair
information principles in a statutory CATEGORIES OF INDIVIDUALS COVERED BY THIS Authority for Maintenance of the System:
SYSTEM:
framework governing the means by The legal authority for NIIS comes
which the Federal Government agencies Categories of individuals covered by from the Immigration and Nationality
collect, maintain, use and disseminate this system are nonimmigrant aliens Act, 8 U.S.C. 1103, 1184, 1354; the
individuals’ records. The Privacy Act entering and departing the United Intelligence Reform and Terrorism
applies to information that is States. Prevention Act of 2004, Public Law
maintained in a ‘‘system of records.’’ A CATEGORIES OF RECORDS IN THIS SYSTEM: 108–458; the Homeland Security Act of
‘‘system of records’’ is a group of any The Nonimmigrant and Immigrant 2002, Public Law 107–296; 5 U.S.C. 301;
records under the control of an agency Information System (NIIS) is a dataset and the Federal Records Act, 44 U.S.C.
from which information is retrieved by residing on the CBP Information 3101.
the name of the individual or by some Technology (IT) platform and in paper PURPOSE(S):
identifying number, symbol, or other form. It contains arrival and departure
identifying particular assigned to the NIIS is a repository of records for
information collected from foreign
individual. In the Privacy Act, an persons arriving in or departing from
nationals entering and departing the
individual is defined to encompass U.S. the United States as nonimmigrant
United States on such forms as the I–94
citizens and lawful permanent visitors and is used for entry screening,
and I–94W, or through interviews with
residents. As a matter of policy, DHS admissibility, and benefits purposes.
CBP officers. This information consists
extends administrative Privacy Act The system provides a central repository
of the following data elements, as
protections to all individuals when of contact information for such aliens
applicable:
systems of records maintain information while in the United States and also
• Full Name (first, middle, and last);
on U.S. citizens, lawful permanent • Date of birth; captures arrival and departure
residents, and visitors. • Email address, as required; information for determination of future
Below is a description of the DHS/ • Travel document type (e.g., admissibility.
CBP–016 Nonimmigrant and Immigrant passport information, permanent DHS maintains a replica of some or all
Information System System of Records. resident card), number, issuance date, of the data in the operating system on
In accordance with 5 U.S.C. 552a(r), a expiration date and issuing country; the unclassified and classified DHS
report concerning this record system has • Country of citizenship; networks to allow for analysis and
been sent to the Office of Management • Date of crossing both into and out vetting consistent with the above stated
and Budget and to the Congress. of the United States; purposes and this published notice.
• Scanned images linked through the
System of Records: ROUTINE USES OF RECORDS MAINTAINED IN THE
platform; SYSTEM, INCLUDING CATEGORIES OF USERS AND
Department of Homeland Security • Airline and flight number; THE PURPOSES OF SUCH USES:
DHS/United States (U.S.) Customs and • City of embarkation;
• Address while visiting the United In addition to those disclosures
Border Protection (CBP)–016. generally permitted under 5 U.S.C.
States;
SYSTEM NAME: • Admission number received during 552a(b) of the Privacy Act, all or a
DHS/CBP–016 Nonimmigrant and entry into the United States; portion of the records or information
Immigrant Information System. • Whether the individual has a contained in this system may be
communicable disease, physical or disclosed outside DHS as a routine use
SECURITY CLASSIFICATION: mental disorder, or is a drug abuser or pursuant to 5 U.S.C. 552a(b)(3) as
Unclassified. The data may be addict; follows:
retained on the classified networks but • Whether the individual has been A. To the Department of Justice (DOJ),
this does not change the nature and arrested or convicted for a moral including Offices of the United States
character of the data until it is combined turpitude crime, drugs, or has been Attorney or other federal agency
with classified information. sentenced for a period longer than five conducting litigation or in proceedings
years; before any court, adjudicative, or
SYSTEM LOCATION:
• Whether the individual has engaged administrative body, when it is relevant
Records are maintained in the in espionage, sabotage, terrorism, or or necessary to the litigation and one of
operational system at CBP Headquarters Nazi activity between 1933 and 1945; the following is a party to the litigation
in Washington, DC and at CBP field • Whether the individual is seeking or has an interest in such litigation:
offices. Records are replicated from the work in the United States; 1. DHS or any component thereof;
• Whether the individual has been
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operational system and maintained on 2. Any employee or former employee
the DHS unclassified and classified excluded or deported, or attempted to of DHS in his/her official capacity;
networks. This computer database is obtain a visa or enter the United States 3. Any employee or former employee
located at the U.S. Customs and Border by fraud or misrepresentation; of DHS in his/her individual capacity
Protection (CBP) National Data Center. • Whether the individual has ever when DOJ or DHS has agreed to
Computer terminals are located at detained, retained, or withheld custody represent the employee; or
customhouses, border ports of entry, of a child from a U.S. citizen granted 4. The United States or any agency
airport inspection facilities under the custody of the child; thereof.

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13400 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices

B. To a congressional office from the H. To a court, magistrate, or organizations when DHS is aware of a
record of an individual in response to administrative tribunal in the course of need to use relevant data for purposes
an inquiry from that congressional office presenting evidence, including of testing new technology and systems
made at the request of the individual to disclosures to opposing counsel or designed to enhance national security or
whom the record pertains. witnesses in the course of civil identify other violations of law.
C. To the National Archives and discovery, litigation, or settlement O. To the news media and the public,
Records Administration (NARA) or negotiations, or in response to a with the approval of the Chief Privacy
General Services Administration subpoena, or in connection with Officer in consultation with counsel,
pursuant to records management criminal law proceedings. when there exists a legitimate public
inspections being conducted under the I. To third parties during the course interest in the disclosure of the
authority of 44 U.S.C. 2904 and 2906. of a law enforcement investigation to information or when disclosure is
D. To an agency or organization for the extent necessary to obtain necessary to preserve confidence in the
the purpose of performing audit or information pertinent to the integrity of DHS or is necessary to
oversight operations as authorized by investigation, provided disclosure is demonstrate the accountability of DHS’s
law, but only such information as is appropriate to the proper performance officers, employees, or individuals
necessary and relevant to such audit or of the official duties of the officer covered by the system, except to the
oversight function. making the disclosure. extent it is determined the Chief Privacy
E. To appropriate agencies, entities, J. To an organization or individual in Officer determines that release of the
and persons when: either the public or private sector, either specific information in the context of a
foreign or domestic, when there is a particular case would constitute an
1. DHS suspects or has confirmed that
reason to believe that the recipient is or unwarranted invasion of personal
the security or confidentiality of
could become the target of a particular privacy.
information in the system of records has
terrorist activity or conspiracy, to the
been compromised; DISCLOSURE TO CONSUMER REPORTING
extent the information is relevant to the
2. The Department has determined AGENCIES:
protection of life or property.
that as a result of the suspected or K. To an appropriate federal, state, None.
confirmed compromise, there is a risk of local, tribal, foreign, or international POLICIES AND PRACTICES FOR STORING,
identity theft or fraud, harm to agency, if the information is relevant RETRIEVING, ACCESSING, RETAINING, AND
economic or property interests, harm to and necessary to a requesting agency’s DISPOSING OF RECORDS IN THE SYSTEM:
an individual, or harm to the security or decision concerning the hiring or
integrity of this system or other systems STORAGE:
retention of an individual, or issuance
or programs (whether maintained by DHS/CBP stores records in this
of a security clearance, license, contract,
DHS or another agency or entity) that system electronically in the operational
grant, or other benefit, or if the
rely upon the compromised system as well as on the unclassified
information is relevant and necessary to
information; and a DHS decision concerning the hiring or and classified network or on paper in
3. The disclosure made to such retention of an employee, the issuance secure facilities in a locked drawer
agencies, entities, and persons is of a security clearance, the reporting of behind a locked door. DHS/CBP stores
reasonably necessary to assist in an investigation of an employee, the the records on magnetic disc, tape,
connection with DHS’s efforts to letting of a contract, or the issuance of digital media, and CD–ROM. The data is
respond to the suspected or confirmed a license, grant, or other benefit and stored electronically at the CBP and
compromise and prevent, minimize, or when disclosure is appropriate to the DHS Data Center for current data and
remedy such harm. proper performance of the official duties offsite at an alternative data storage
F. To contractors and their agents, of the person making the request. facility for historical logs, system
grantees, experts, consultants, and L. To appropriate federal, state, local, backups, and in paper form.
others performing or working on a tribal, or foreign governmental agencies RETRIEVABILITY:
contract, service, grant, cooperative or multilateral governmental These records may be searched on a
agreement, or other assignment for DHS, organizations, for the purpose of variety of data elements including
when necessary to accomplish an protecting the vital interests of a data name, addresses, place and date of entry
agency function related to this system of subject or other persons, (e.g., to assist or departure, or country of citizenship
records. Individuals provided such agencies or organizations in as listed in the travel documents used
information under this routine use are preventing exposure to or transmission at the time of entry to the United States.
subject to the same Privacy Act of a communicable or quarantinable An admission number, issued at each
requirements and limitations on disease or to combat other significant entry to the United States to track the
disclosure as are applicable to DHS public health threats; appropriate notice particular admission, may also be used
officers and employees. will be provided of any identified health to identify a database record.
G. To an appropriate federal, state, threat or risk).
tribal, local, international, or foreign law M. To federal and foreign government SAFEGUARDS:
enforcement agency or other appropriate intelligence or counterterrorism All NIIS records are protected from
authority charged with investigating or agencies or components when CBP unauthorized access through
prosecuting a violation or enforcing or becomes aware of an indication of a appropriate administrative, physical,
implementing a law, rule, regulation, or threat or potential threat to national or and technical safeguards. These
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order, when a record, either on its face international security, or when such use safeguards include all of the following:
or in conjunction with other is to assist in anti-terrorism efforts and restricting access to those with a ‘‘need
information, indicates a violation or disclosure is appropriate to the proper to know’’; using locks, alarm devices,
potential violation of law, which performance of the official duties of the and passwords; compartmentalizing
includes criminal, civil, or regulatory person making the disclosure. databases; auditing software; and
violations and such disclosure is proper N. To appropriate federal, state, local, encrypting data communications.
and consistent with the official duties of tribal, or foreign governmental agencies NIIS information is secured in full
the person making the disclosure. or multilateral governmental compliance with the requirements of the

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Document Created: 2015-12-18 11:42:02
Document Modified: 2015-12-18 11:42:02
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Privacy Act System of Records.
Dates		Written comments must be submitted on or before April 13, 2015.
Contact		For general questions, please contact: John Connors, (202) 344-1610, Privacy Officer, United States Customs and Border Protection, Privacy and Diversity Office, 1300 Pennsylvania Ave. NW., Washington, DC 20229. For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation		80 FR 13398
80 FR 13398 - Privacy Act of 1974; Department of Homeland Security/United States Customs and Border Protection-016 Nonimmigrant and Immigrant Information System

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 80, Issue 49 (March 13, 2015)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
