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)

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


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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.

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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.

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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]
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