81 FR 60297 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection (DHS/CBP)-022 Electronic Visa Update System (EVUS) System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 170 (September 1, 2016)

Page Range		60297-60298
FR Document		2016-21099

The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-022 Electronic Visa Update System (EVUS) System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

Federal Register, Volume 81 Issue 170 (Thursday, September 1, 2016)

[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Proposed Rules]
[Pages 60297-60298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21099]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / 
Proposed Rules

[[Page 60297]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2016-0064]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security U.S. Customs and Border Protection (DHS/CBP)-022 
Electronic Visa Update System (EVUS) System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security is giving concurrent 
notice of a newly established system of records pursuant to the Privacy 
Act of 1974 for the ``Department of Homeland Security (DHS)/U.S. 
Customs and Border Protection (CBP)-022 Electronic Visa Update System 
(EVUS) System of Records'' and this proposed rulemaking. In this 
proposed rulemaking, the Department proposes to exempt portions of the 
system of records from one or more provisions of the Privacy Act 
because of criminal, civil, and administrative enforcement 
requirements.

DATES: Comments must be received on or before October 3, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
DHS-2016-0064, 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: Jonathan R. Cantor, Acting 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 notice. 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: 
Debra L. Danisek, (202) 344-1610, Acting CBP Privacy Officer, Privacy 
and Diversity Office, 1300 Pennsylvania Ave. NW., Washington, DC 20229. 
For privacy questions, please contact: Jonathan R. Cantor, (202) 343-
1717, Acting 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) proposes to establish a new DHS 
system of records titled, ``Department of Homeland Security (DHS)/U.S. 
Customs and Border Protection (CBP)-DHS/CBP-022 Electronic Visa Update 
System (EVUS) System of Records.'' This system of records will allow 
DHS/CBP to collect and maintain records on nonimmigrant aliens who (1) 
hold a passport that was issued by an identified country approved for 
inclusion in the EVUS program and (2) have been issued a U.S. 
nonimmigrant visa of a designated category seeking to travel to the 
United States. The system of records will also cover records of other 
persons, including U.S. citizens and lawful permanent residents, whose 
name is provided to DHS as part of a nonimmigrant alien's EVUS 
enrollment. Requiring aliens holding passports of identified countries 
containing U.S. nonimmigrant visas of a designated category with 
multiple year validity will allow DHS/CBP to collect updated 
information. The system is used to ensure visa holder's information 
remains current. The information is also used to separately determine 
whether any admissibility issues may need to be addressed outside the 
EVUS enrollment process by vetting the information against selected 
security and law enforcement databases at DHS, including the use of 
CBP's TECS (not an acronym) (DHS/CBP-011 U.S. Customs and Border 
Protection TECS, December 19, 2008, 73 FR 77778) and the Automated 
Targeting System (ATS) (DHS/CBP-006 Automated Targeting System, May 22, 
2012, 77 FR 30297). In addition, ATS retains a copy of EVUS enrollment 
data to identify EVUS enrollees who may pose a security risk to the 
United States. The Automated Targeting System maintains copies of key 
elements of certain databases in order to minimize the impact of 
processing searches on the operational systems and to act as a backup 
for certain operational systems. DHS may also vet EVUS enrollment 
information against security and law enforcement databases at other 
federal agencies to enhance DHS's ability to determine whether the 
enrollee poses a security risk to the United States or, although 
addressed through a separate process, is admissible to the United 
States. The results of this vetting may inform DHS's assessment of 
whether the enrollee's travel poses a law enforcement or security risk 
and whether the proposed travel should be permitted.
    DHS is issuing this Notice of Proposed Rulemaking to exempt 
portions of DHS/CBP-022 Electronic Visa Update System (EVUS) System of 
Records from certain provisions of the Privacy Act. Pursuant to 5 
U.S.C. 552a(j)(2), DHS will claim exemption from secs. (c)(3), (e)(8), 
and (g) of the Privacy Act of 1974, as amended, as is necessary and 
appropriate to protect this information. Further, DHS will claim 
exemption from sec. (c)(3) of the Privacy Act of 1974, as amended, 
pursuant to 5 U.S.C. 552a(k)(2) as is necessary and appropriate to 
protect this information.

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 personally 
identifiable information. The Privacy Act applies to information that 
is maintained in a ``system of records.'' A ``system of records'' is a 
group of any records under the control of an agency 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

[[Page 60298]]

Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors. DHS is claiming exemptions from certain requirements of the 
Privacy Act for DHS/CBP-022 Electronic Visa Update System (EVUS) System 
of Records. Some information in DHS/CBP-022 Electronic Visa Update 
System (EVUS) System of Records relates to official DHS national 
security, law enforcement, immigration, and intelligence activities. 
These exemptions are needed to protect information relating to DHS 
activities from disclosure to subjects or others related to these 
activities. Specifically, the exemptions are required to preclude 
subjects of these activities from frustrating these processes. 
Disclosure of information to the subject of the inquiry could also 
permit the subject to avoid detection or apprehension.
    In appropriate circumstances, when compliance would not appear to 
interfere with or adversely affect the law enforcement purposes of this 
system and the overall law enforcement process, the applicable 
exemptions may be waived on a case by case basis.
    A notice of system of records for DHS/CBP-022 Electronic Visa 
Update System (EVUS) System of Records is also published in this issue 
of the Federal Register.

List of Subjects in 6 CFR Part 5

    Freedom of information; Privacy.

    For the reasons stated in the preamble, DHS proposes to amend 
chapter I of title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

0
1. The authority citation for part 5 continues to read as follows:

    Authority: Pub. L. 107-296, 116 Stat. 2135; (6 U.S.C. 101 et 
seq.); 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.

0
2. In appendix C, add paragraph 74 to read as follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    74. The DHS/CBP-022 Electronic Visa Update System (EVUS) System 
of Records consists of electronic and paper records and will be used 
by DHS and its components. The DHS/CBP-022 Electronic Visa Update 
System (EVUS) System of Records is a repository of information held 
by DHS in connection with its several and varied missions and 
functions, including, but not limited to the enforcement of civil 
and criminal laws; investigations, inquiries, and proceedings there 
under; and national security and intelligence activities. The DHS/
CBP-022 Electronic Visa Update System (EVUS) System of Records 
contains information that is collected by, on behalf of, in support 
of, or in cooperation with DHS and its components and may contain 
personally identifiable information collected by other Federal, 
State, local, tribal, foreign, or international government agencies. 
The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), 
has exempted this system from the following provisions of the 
Privacy Act: 5 U.S.C. 552a(c)(3), (e)(8), and (g). Additionally, the 
Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2) has 
exempted this system from the following provisions of the Privacy 
Act: 5 U.S.C. 552a(c)(3). Exemptions from these particular 
subsections are justified, on a case-by-case basis to be determined 
at the time a request is made, for the following reasons:
    (a) From subsection (c)(3) (Accounting for Disclosures) because 
release of the accounting of disclosures could alert the subject of 
an investigation of an actual or potential criminal, civil, or 
regulatory violation to the existence of that investigation and 
reveal investigative interest on the part of DHS as well as the 
recipient agency. Disclosure of the accounting would therefore 
present a serious impediment to law enforcement efforts and/or 
efforts to preserve national security. Disclosure of the accounting 
would also permit the individual who is the subject of a record to 
impede the investigation, to tamper with witnesses or evidence, and 
to avoid detection or apprehension, which would undermine the entire 
investigative process.
    (b) From subsection (e)(8) (Notice on Individuals) because 
compliance would interfere with DHS's ability to obtain, serve, and 
issue subpoenas, warrants, and other law enforcement mechanisms that 
may be filed under seal and could result in disclosure of 
investigative techniques, procedures, and evidence.
    (c) From subsection (g) (Civil Remedies) to the extent that the 
system is exempt from other specific subsections of the Privacy Act.

    Dated: August 29, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-21099 Filed 8-31-16; 8:45 am]
BILLING CODE 9111-14-P

60297

Proposed Rules Federal Register
Vol. 81, No. 170

Thursday, September 1, 2016

This section of the FEDERAL REGISTER www.regulations.gov, including any (DHS/CBP–006 Automated Targeting
contains notices to the public of the proposed personal information provided. System, May 22, 2012, 77 FR 30297). In
issuance of rules and regulations. The Docket: For access to the docket to addition, ATS retains a copy of EVUS
purpose of these notices is to give interested read background documents or enrollment data to identify EVUS
persons an opportunity to participate in the comments received, go to http:// enrollees who may pose a security risk
rule making prior to the adoption of the final www.regulations.gov.
rules.
to the United States. The Automated
FOR FURTHER INFORMATION CONTACT: For Targeting System maintains copies of
general questions please contact: Debra key elements of certain databases in
DEPARTMENT OF HOMELAND L. Danisek, (202) 344–1610, Acting CBP order to minimize the impact of
SECURITY Privacy Officer, Privacy and Diversity processing searches on the operational
Office, 1300 Pennsylvania Ave. NW., systems and to act as a backup for
Office of the Secretary Washington, DC 20229. For privacy certain operational systems. DHS may
questions, please contact: Jonathan R. also vet EVUS enrollment information
6 CFR Part 5 Cantor, (202) 343–1717, Acting Chief against security and law enforcement
Privacy Officer, Privacy Office, databases at other federal agencies to
[Docket No. DHS–2016–0064] Department of Homeland Security, enhance DHS’s ability to determine
Washington, DC 20528. whether the enrollee poses a security
Privacy Act of 1974: Implementation of SUPPLEMENTARY INFORMATION: risk to the United States or, although
Exemptions; Department of Homeland addressed through a separate process, is
Security U.S. Customs and Border I. Background admissible to the United States. The
Protection (DHS/CBP)–022 Electronic In accordance with the Privacy Act of results of this vetting may inform DHS’s
Visa Update System (EVUS) System of 1974, 5 U.S.C. 552a, the Department of assessment of whether the enrollee’s
Records Homeland Security (DHS) proposes to travel poses a law enforcement or
establish a new DHS system of records security risk and whether the proposed
AGENCY: Privacy Office, DHS.
titled, ‘‘Department of Homeland travel should be permitted.
ACTION: Notice of proposed rulemaking. Security (DHS)/U.S. Customs and DHS is issuing this Notice of
SUMMARY: The Department of Homeland Border Protection (CBP)–DHS/CBP–022 Proposed Rulemaking to exempt
Security is giving concurrent notice of a Electronic Visa Update System (EVUS) portions of DHS/CBP–022 Electronic
newly established system of records System of Records.’’ This system of Visa Update System (EVUS) System of
pursuant to the Privacy Act of 1974 for records will allow DHS/CBP to collect Records from certain provisions of the
the ‘‘Department of Homeland Security and maintain records on nonimmigrant Privacy Act. Pursuant to 5 U.S.C.
(DHS)/U.S. Customs and Border aliens who (1) hold a passport that was 552a(j)(2), DHS will claim exemption
Protection (CBP)–022 Electronic Visa issued by an identified country from secs. (c)(3), (e)(8), and (g) of the
Update System (EVUS) System of approved for inclusion in the EVUS Privacy Act of 1974, as amended, as is
Records’’ and this proposed rulemaking. program and (2) have been issued a U.S. necessary and appropriate to protect
In this proposed rulemaking, the nonimmigrant visa of a designated this information. Further, DHS will
Department proposes to exempt category seeking to travel to the United claim exemption from sec. (c)(3) of the
portions of the system of records from States. The system of records will also Privacy Act of 1974, as amended,
one or more provisions of the Privacy cover records of other persons, pursuant to 5 U.S.C. 552a(k)(2) as is
Act because of criminal, civil, and including U.S. citizens and lawful necessary and appropriate to protect
administrative enforcement permanent residents, whose name is this information.
requirements. provided to DHS as part of a
II. Privacy Act
nonimmigrant alien’s EVUS enrollment.
DATES: Comments must be received on Requiring aliens holding passports of The Privacy Act embodies fair
or before October 3, 2016. identified countries containing U.S. information practice principles in a
ADDRESSES: You may submit comments, nonimmigrant visas of a designated statutory framework governing the
identified by docket number DHS–DHS– category with multiple year validity will means by which Federal Government
2016–0064, by one of the following allow DHS/CBP to collect updated agencies collect, maintain, use, and
methods: information. The system is used to disseminate personally identifiable
• Federal e-Rulemaking Portal: http:// ensure visa holder’s information information. The Privacy Act applies to
www.regulations.gov. Follow the remains current. The information is also information that is maintained in a
instructions for submitting comments. used to separately determine whether ‘‘system of records.’’ A ‘‘system of
• Fax: 202–343–4010. any admissibility issues may need to be records’’ is a group of any records under
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

• Mail: Jonathan R. Cantor, Acting addressed outside the EVUS enrollment the control of an agency from which
Chief Privacy Officer, Privacy Office, process by vetting the information information is retrieved by the name of
Department of Homeland Security, against selected security and law the individual or by some identifying
Washington, DC 20528. enforcement databases at DHS, number, symbol, or other identifying
Instructions: All submissions received including the use of CBP’s TECS (not an particular assigned to the individual. In
must include the agency name and acronym) (DHS/CBP–011 U.S. Customs the Privacy Act, an individual is defined
docket number for this notice. All and Border Protection TECS, December to encompass U.S. citizens and lawful
comments received will be posted 19, 2008, 73 FR 77778) and the permanent residents. As a matter of
without change to http:// Automated Targeting System (ATS) policy, DHS extends administrative

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Document Created: 2018-02-09 11:57:44
Document Modified: 2018-02-09 11:57:44

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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments must be received on or before October 3, 2016.
Contact		For general questions please contact: Debra L. Danisek, (202) 344-1610, Acting CBP Privacy Officer, Privacy and Diversity Office, 1300 Pennsylvania Ave. NW., Washington, DC 20229. For privacy questions, please contact: Jonathan R. Cantor, (202) 343- 1717, Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation		81 FR 60297

81 FR 60297 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection (DHS/CBP)-022 Electronic Visa Update System (EVUS) System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 81, Issue 170 (September 1, 2016)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary