80 FR 72081 - Privacy Act of 1974; Department of Homeland Security/U.S. Customs and Border Protection-021 Arrival and Departure Information System

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 80, Issue 222 (November 18, 2015)

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update, rename, and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security/U.S. Customs and Border Protection-021 Arrival and Departure Information System.'' This system of records allows the Department of Homeland Security/U.S. Customs and Border Protection to collect and maintain records on individuals throughout the immigrant and non-immigrant pre-entry, entry, status management, and exit processes. The Department of Homeland Security/U.S. Customs and Border Protection is updating this system of records notice to make the following changes/updates: (1) Addition of a new category of records; (2) updated routine uses; and (3) administrative updates to reflect the transfer of the entry-exit program from the Office of Biometric Identity Management, an office within Department of Homeland Security, National Protection and Programs Directorate, to the U.S. Customs and Border Protection in accordance with the Consolidated and Further Continuing Appropriations Act of 2013. With the publication of this updated system of records, the Department of Homeland Security will retire the former version of the system of records titled, ``Department of Homeland Security/National Protection and Programs Directorate--001 Arrival and Departure Information System of Records,'' and complete the transfer of the entry/exit program to U.S. Customs and Border Protection. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. The exemptions for the existing system of records, published in the Final Rule dated December 4, 2009 (74 FR 63944) will continue to be applicable for this updated system of records notice, and this system will be continue to be included in the Department of Homeland Security's inventory of record systems.

[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72081-72085]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29445]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2015-0073]


Privacy Act of 1974; Department of Homeland Security/U.S. Customs 
and Border Protection--021 Arrival and Departure Information System

AGENCY: Privacy Office, Department of Homeland Security.

[[Page 72082]]


ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update, rename, and reissue a current 
Department of Homeland Security system of records titled, ``Department 
of Homeland Security/U.S. Customs and Border Protection-021 Arrival and 
Departure Information System.'' This system of records allows the 
Department of Homeland Security/U.S. Customs and Border Protection to 
collect and maintain records on individuals throughout the immigrant 
and non-immigrant pre-entry, entry, status management, and exit 
processes.
    The Department of Homeland Security/U.S. Customs and Border 
Protection is updating this system of records notice to make the 
following changes/updates: (1) Addition of a new category of records; 
(2) updated routine uses; and (3) administrative updates to reflect the 
transfer of the entry-exit program from the Office of Biometric 
Identity Management, an office within Department of Homeland Security, 
National Protection and Programs Directorate, to the U.S. Customs and 
Border Protection in accordance with the Consolidated and Further 
Continuing Appropriations Act of 2013. With the publication of this 
updated system of records, the Department of Homeland Security will 
retire the former version of the system of records titled, ``Department 
of Homeland Security/National Protection and Programs Directorate--001 
Arrival and Departure Information System of Records,'' and complete the 
transfer of the entry/exit program to U.S. Customs and Border 
Protection. Additionally, this notice includes non-substantive changes 
to simplify the formatting and text of the previously published notice.
    The exemptions for the existing system of records, published in the 
Final Rule dated December 4, 2009 (74 FR 63944) will continue to be 
applicable for this updated system of records notice, and this system 
will be continue to be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before December 18, 2015. This updated 
system will be effective December 18, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0073 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 20528-0655.
    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, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
John Connors, (202) 344-1610, Privacy Officer, U.S. 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)/U.S. Customs and Border 
Protection (CBP) proposes to update, rename, and reissue a DHS system 
of records titled, ``DHS/CBP-021 Arrival and Departure Information 
System (ADIS) System of Records,'' previously published as ``Department 
of Homeland Security National Protection and Programs Directorate-001 
Arrival and Departure Information System, System of Records'' (78 FR 
31955, May 28, 2013). A Final Rule exempting this system of records 
from certain provisions of the Privacy Act was published on December 4, 
2009 (78 FR 63943) and continues to be applicable.
    ADIS is a system for the storage and use of biographic, biometric 
indicator, and encounter data on aliens who have applied for entry, 
entered, or departed the United States. ADIS consolidates information 
from various systems in order to provide a repository of data held by 
DHS for pre-entry, entry, status management, and exit tracking of 
immigrants and non-immigrants. CBP uses ADIS to determine whether 
individuals have maintained legal status and to facilitate 
investigations of the status of individuals who remain in the United 
States beyond their authorized stay. The information is collected by, 
on behalf of, in support of, or in cooperation with DHS and its 
components and may contain personally identifiable information (PII) 
collected by other federal, state, local, tribal, foreign, or 
international government agencies.
    DHS/CBP is making several updates as it republishes this system of 
records notice (SORN). First, CBP is adding a new category of records 
to the system of records. CBP is including Social Security numbers 
(SSN) as a new category of records, when they are available, to address 
SSNs that may be contained in immigration status adjustment or other 
U.S. Citizenship and Immigration Services (USCIS) records. CBP is also 
adding four new routine uses (A, D, G, and N) that address data sharing 
for litigation purposes, audits, investigations, and in certain limited 
instances when there exists a legitimate public interest in disclosing 
the information. CBP is also adding a new routine use (L) to provide 
transparency about CBP's sharing of ADIS information with other federal 
agencies for the purpose of determining proper payment of federal 
benefits to the subject of the record in accordance with that agency's 
statutory responsibilities. Finally CBP is making administrative 
updates to reflect the transfer of the entry/exit program from the 
legacy United States Visitor Indicator Technology (US-VISIT) to DHS/CBP 
as mandated by the Consolidated and Further Continuing Appropriations 
Act of 2013. Additionally, this notice includes non-substantive changes 
to simplify the formatting and text of the previously published notice.
    Consistent with DHS's information-sharing mission, information 
stored in ADIS 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 consistent with 
applicable exemptions under the Privacy Act, including routine uses set 
forth in this SORN that provide for sharing with appropriate federal, 
state, local, tribal, territorial, foreign, or international government 
agencies.
    The exemptions for the existing SORN will continue to be applicable 
for this updated SORN and this system will continue to be included in 
DHS's inventory of record systems. In addition to the new routine uses, 
new category of records, and other changes to this SORN, the Department 
is requesting comment on the application of the

[[Page 72083]]

exemptions to the newly added category of records.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which 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 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 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 the description of the DHS/CBP-021 Arrival and Departure 
Information System (ADIS), System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
System of Records
    Department of Homeland Security (DHS)/U.S. Customs and Border 
Protection (CBP)-021.

System name:
    DHS/CBP-021 Arrival and Departure Information System (ADIS).

Security classification:
    Unclassified.

System location:
    CBP maintains ADIS data at DHS/CBP Headquarters in Washington, DC, 
DHS/CBP data centers in Mississippi and Virginia, and in field offices 
that receive access to limited data.

Categories of individuals covered by the system:
    Categories of individuals consist of aliens who have applied for 
entry, entered, or departed from the United States at any time. 
Although this system primarily consists of records pertaining to alien 
immigrants (including lawful permanent residents) and non-immigrants, 
some of these individuals may change status and become United States 
citizens.

Categories of records in the system:
    Information contained in this system of records includes, but is 
not limited to:
     Biographic data, such as:
    [cir] Name;
    [cir] Date of birth;
    [cir] Nationality;
    [cir] Social Security number (SSN), when available; and
    [cir] Other personal descriptive data.
     Biometric indicator data, which includes, but is not 
limited to:
    [cir] Fingerprint identification numbers (FIN); \1\ and
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    \1\ Currently, DHS assigns a Fingerprint identification number 
(FIN) to collected iris images.
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    [cir] Encounter identification numbers (EID).
     System-generated identification numbers: ADIS holds data 
from other DHS and federal agency systems, and identifies/points to the 
source systems of these records.
     Encounter data, such as:
    [cir] Encounter location;
    [cir] Arrival and departure dates;
    [cir] Flight information;
    [cir] Immigration status changes;
    [cir] Document types;
    [cir] Document numbers;
    [cir] Document issuance information;
    [cir] Address while in the United States; and
    [cir] Narrative information entered by immigration enforcement 
officers, such as references to:
    [ssquf] Active criminal immigration enforcement investigations;
    [ssquf] Immigration enforcement investigations;
    [ssquf] Immigration status information; and
    [ssquf] Details from law enforcement or security incidents or 
encounters.
     Entry or exit data collected by foreign governments in 
support of their respective entry and exit processes. Generally, 
records collected from foreign governments relate to individuals who 
have entered or exited the United States at some time, but in some 
instances there is no pre-existing ADIS record for the individual.

Authority for maintenance of the system:
    6 U.S.C. 202; 8 U.S.C. 1103, 1158, 1201, 1225, 1324, 1357, 1360, 
1365a, 1365b, 1372, 1373, 1379, and 1732.

Purpose(s):
    The purpose of this system is to serve as the primary repository 
for tracking entry and exit data throughout the immigrant and non-
immigrant pre-entry, entry, status management, and exit processes. This 
data is collected by DHS or other federal or foreign government 
agencies and is used in connection with DHS missions such as national 
security, law enforcement, immigration, intelligence, and other DHS 
mission-related functions. Data is also used to provide associated 
testing, training, management reporting, planning and analysis, or 
other administrative purposes. Similar data may be collected from 
multiple sources to verify or supplement existing data and to ensure a 
high degree of data accuracy.
    Specifically, DHS/CBP uses ADIS data to: (1) Identify lawfully 
admitted non-immigrants who remain in the United States beyond their 
period of authorized stay (which may have a bearing on an individual's 
right or authority to remain in the country, ability to receive or 
renew a U.S. visa, or to receive governmental benefits); (2) assist DHS 
in supporting immigration inspection at ports of entry (POE) by 
providing quick retrieval of biographic and biometric indicator data on 
individuals who may be inadmissible to the United States; and (3) 
facilitate the investigation process of individuals who may have 
violated their immigration status or may be subjects of interest for 
law enforcement or intelligence purposes.

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 
consistent with 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 
U.S. Attorneys, 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 U.S. or any agency thereof.
    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

[[Page 72084]]

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 of the system 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. DHS 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 appropriate federal, state, tribal, local, international, or 
foreign law enforcement agencies or other appropriate authorities 
charged with investigating or prosecuting a violation of or enforcing 
or implementing a law, rule, regulation, or order, when CBP believes 
the information would assist enforcement of applicable civil and 
criminal laws, and such disclosure is proper and consistent with the 
official duties of the person making the disclosure.
    H. To appropriate federal, state, local, tribal, foreign, or 
international governmental agencies seeking information on the subjects 
of wants, warrants, or lookouts, or any other subject of interest, for 
purposes related to administering or enforcing the law, national 
security, or immigration, when consistent with a DHS mission-related 
function as determined by DHS.
    I. To appropriate federal, state, local, tribal, foreign, or 
international government agencies charged with national security, law 
enforcement, immigration, intelligence, or other DHS mission-related 
functions in connection with the hiring, retention, or vetting by such 
an agency of an employee, contractor, or visitor; the issuance of a 
security clearance; the granting of clearance to access a secure 
facility; the auditing of compliance with any terms of employment or 
clearance; the reporting of an investigation of such an employee; the 
letting of a contract; or the issuance of a license, grant, loan, or 
other benefit by the requesting agency.
    J. To an actual or potential party or to his or her attorney for 
the purpose of negotiation or discussion on such matters as settlement 
of a case or matter, or discovery proceedings.
    K. To federal, state, local, tribal, foreign or international 
government intelligence or counterterrorism agencies or components when 
DHS 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.
    L. To approved federal, state, and local government agencies for 
any legally mandated purpose in accordance with an authorizing statute 
and when an approved Memorandum of Agreement or Computer Matching 
Agreement (CMA) is in place between DHS and the agency.
    M. 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, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent 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 electronically or on paper in secure 
facilities in a locked drawer behind a locked door. The records may be 
stored on magnetic disc, tape, and digital media.

Retrievability:
    DHS/CBP retrieves records using a variety of data elements 
including, but not limited to, name, place and date of arrival or 
departure, document number, and fingerprint identification number.

Safeguards:
    DHS/CBP safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. DHS/CBP imposes strict controls to 
minimize the risk of compromising the information that is being stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

Retention and disposal:
    The following proposal for retention and disposal is pending 
approval with the CBP Records Office and the NARA: Testing and training 
data will be purged when the data is no longer required. Electronic 
records for which the statute of limitations has expired for all 
criminal violations or that are older than 75 years, whichever is 
longer, will be purged.

System Manager and address:
    ADIS System Manager, CBP, U.S. Department of Homeland Security, 
Washington, DC 20229-1038.

Notification procedure:
    The Secretary of Homeland Security exempted this system from the 
notification, access, and amendment procedures of the Privacy Act 
because it may contain records from a law enforcement system. However, 
DHS/CBP will consider individual requests to determine whether or not 
information may be released. Thus, individuals seeking notification of 
and access to any record contained in this system of records, or 
seeking to contest its content, may submit a request in writing to the 
CBP Freedom of Information Act (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 and Chief FOIA Officer, Department 
of Homeland Security, 245 Murray Drive SW.,

[[Page 72085]]

Building 410, STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief FOIA Officer, http://www.dhs.gov/foia 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 the above information, the component(s) may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

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

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

Record source categories:
    DHS/CBP obtains records about individuals covered by this system 
directly and by other federal, state, local, tribal, or foreign 
governments; private citizens; and public and private organizations.
    ADIS data may be derived from records related to entry or exit data 
of foreign countries collected by foreign governments in support of 
their respective entry and exit processes. Generally, records collected 
from foreign governments relate to individuals who have entered or 
exited the United States at some time, but in some instances there is 
no pre-existing ADIS record for the individual.

Exemptions claimed for the system:
    The Secretary of Homeland Security exempted this system from 5 
U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(5), (e)(8); (f); and (g) pursuant to 5 U.S.C. 
552a(j)(2). In addition, the Secretary of Homeland Security has 
exempted portions of this system from 5 U.S.C. 552a(c)(3); (d); (e)(1), 
(e)(4)(G), (e)(4)(H); and (f) pursuant to 5 U.S.C. 552a(k)(2). These 
exemptions apply only to the extent that records in the system are 
subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).
    When this system receives a record from another system exempted in 
that source system under 5 U.S.C. 552a(j)(2), DHS will claim the same 
exemptions for those records that are claimed for the original primary 
systems of records from which they originated and claim any additional 
exemptions set forth here.

Jonathan R. Cantor,
Deputy Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-29445 Filed 11-17-15; 8:45 am]
 BILLING CODE 9111-14-P