81 FR 85105 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-022 Electronic Visa Update System (EVUS) System of Records
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary Federal Register Volume 81, Issue 227 (November 25, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 227 (November 25, 2016)
| Page Range | 85105-85106 | |
| FR Document | 2016-28288 |
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)] [Rules and Regulations] [Pages 85105-85106] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28288] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations [[Page 85105]] DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2016-0085] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-022 Electronic Visa Update System (EVUS) System of Records AGENCY: Privacy Office, Department of Homeland Security. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled, ``Department of Homeland Security U.S. Customs and Border Protection (DHS/CBP)-022 Electronic Visa Update System (EVUS) System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ``Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-022 Electronic Visa Update System (EVUS) System of Records'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. DATES: This final rule is effective November 25, 2016. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Debra L. Danisek (202-344-1610), CBP Privacy Officer, Privacy and Diversity Office, 1300 Pennsylvania Ave. NW., Washington, DC 20229. For privacy issues 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 The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking in the Federal Register (81 FR 60297, September 1, 2016) proposing 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. DHS issued the ``DHS/CBP-022 Electronic Visa Update System (EVUS) System of Records'' in the Federal Register at 81 FR 60371 on September 1, 2016, to provide notice to the public that DHS/ CBP will collect and maintain records on nonimmigrant aliens who hold a passport that was issued by an identified country approved for inclusion in the EVUS program and 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 names are 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 a 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). DHS/CBP invited comments on both the Notice of Proposed Rulemaking (NPRM) and System of Records Notice (SORN). II. Public Comments DHS received no comments on the NPRM and one positive comment on the SORN for the DHS/CBP-022 EVUS System of Records. After consideration of the public comment, DHS will implement the rulemaking as proposed. List of Subjects in 6 CFR Part 5 Freedom of information, Privacy. For the reasons stated in the preamble, DHS amends 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: Public Law 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. Amend appendix C to part 5 by adding 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. EVUS is a repository of information held by DHS/CBP 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. EVUS 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 [[Page 85106]] 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: November 17, 2016. Jonathan R. Cantor, Acting Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2016-28288 Filed 11-23-16; 8:45 am] BILLING CODE 9111-14-P
![85105
Rules and Regulations Federal Register
Vol. 81, No. 227
Friday, November 25, 2016
This section of the FEDERAL REGISTER Department of Homeland Security, II. Public Comments
contains regulatory documents having general Washington, DC 20528. DHS received no comments on the
applicability and legal effect, most of which
are keyed to and codified in the Code of SUPPLEMENTARY INFORMATION: NPRM and one positive comment on the
Federal Regulations, which is published under SORN for the DHS/CBP–022 EVUS
50 titles pursuant to 44 U.S.C. 1510. I. Background System of Records. After consideration
of the public comment, DHS will
The Code of Federal Regulations is sold by The Department of Homeland
implement the rulemaking as proposed.
the Superintendent of Documents. Prices of Security (DHS) U.S. Customs and
new books are listed in the first FEDERAL Border Protection (CBP) published a List of Subjects in 6 CFR Part 5
REGISTER issue of each week. notice of proposed rulemaking in the Freedom of information, Privacy.
Federal Register (81 FR 60297, For the reasons stated in the
September 1, 2016) proposing to exempt preamble, DHS amends chapter I of title
DEPARTMENT OF HOMELAND portions of the system of records from 6, Code of Federal Regulations, as
SECURITY one or more provisions of the Privacy follows:
Office of the Secretary Act because of criminal, civil, and
administrative enforcement PART 5—DISCLOSURE OF RECORDS
requirements. DHS issued the ‘‘DHS/ AND INFORMATION
6 CFR Part 5
CBP–022 Electronic Visa Update System
■ 1. The authority citation for part 5
(EVUS) System of Records’’ in the continues to read as follows:
[Docket No. DHS–2016–0085]
Federal Register at 81 FR 60371 on
September 1, 2016, to provide notice to Authority: Public Law 107–296, 116 Stat.
Privacy Act of 1974: Implementation of 2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301.
Exemptions; Department of Homeland the public that DHS/CBP will collect Subpart A also issued under 5 U.S.C. 552.
Security (DHS)/U.S. Customs and and maintain records on nonimmigrant Subpart B also issued under 5 U.S.C. 552a.
Border Protection (CBP)–022 aliens who hold a passport that was
■ 2. Amend appendix C to part 5 by
Electronic Visa Update System (EVUS) issued by an identified country
adding paragraph 74 to read as follows:
System of Records approved for inclusion in the EVUS
program and have been issued a U.S. Appendix C to Part 5—DHS Systems of
AGENCY: Privacy Office, Department of nonimmigrant visa of a designated Records Exempt From the Privacy Act
Homeland Security.
category seeking to travel to the United * * * * *
ACTION: Final rule. States. The system of records will also 74. The DHS/CBP–022 Electronic Visa
cover records of other persons, Update System (EVUS) System of Records
SUMMARY: The Department of Homeland consists of electronic and paper records and
including U.S. citizens and lawful
Security is issuing a final rule to amend will be used by DHS and its components.
its regulations to exempt portions of a permanent residents, whose names are
EVUS is a repository of information held by
newly established system of records provided to DHS as part of a DHS/CBP in connection with its several and
titled, ‘‘Department of Homeland nonimmigrant alien’s EVUS enrollment. varied missions and functions, including, but
Security U.S. Customs and Border Requiring aliens holding passports of not limited to the enforcement of civil and
Protection (DHS/CBP)–022 Electronic identified countries containing U.S. criminal laws; investigations, inquiries, and
nonimmigrant visas of a designated proceedings there under; and national
Visa Update System (EVUS) System of security and intelligence activities. EVUS
Records’’ from certain provisions of the category with multiple year validity will
contains information that is collected by, on
Privacy Act. Specifically, the allow DHS/CBP to collect updated behalf of, in support of, or in cooperation
Department exempts portions of the information. The system is used to with DHS and its components and may
‘‘Department of Homeland Security ensure a visa holder’s information contain personally identifiable information
(DHS)/U.S. Customs and Border remains current. The information is also collected by other federal, state, local, tribal,
Protection (CBP)–022 Electronic Visa used to separately determine whether foreign, or international government
Update System (EVUS) System of any admissibility issues may need to be agencies. The Secretary of Homeland
Security, pursuant to 5 U.S.C. 552a(j)(2), has
Records’’ from one or more provisions addressed outside the EVUS enrollment exempted this system from the following
of the Privacy Act because of criminal, process by vetting the information provisions of the Privacy Act: 5 U.S.C.
civil, and administrative enforcement against selected security and law 552a(c)(3), (e)(8), and (g). Additionally, the
requirements. enforcement databases at DHS, Secretary of Homeland Security, pursuant to
including the use of CBP’s TECS (not an 5 U.S.C. 552a(k)(2) has exempted this system
This final rule is effective
DATES:
from the following provisions of the Privacy
November 25, 2016. acronym) (DHS/CBP–011 U.S. Customs
Act: 5 U.S.C. 552a(c)(3). Exemptions from
and Border Protection TECS, December
FOR FURTHER INFORMATION CONTACT: For these particular subsections are justified, on
19, 2008, 73 FR 77778) and the a case-by-case basis to be determined at the
general questions please contact: Debra
Automated Targeting System (ATS) time a request is made, for the following
L. Danisek (202–344–1610), CBP Privacy
ehiers on DSK5VPTVN1PROD with RULES
Officer, Privacy and Diversity Office, (DHS/CBP–006 Automated Targeting reasons:
System, May 22, 2012, 77 FR 30297). (a) From subsection (c)(3) (Accounting for
1300 Pennsylvania Ave. NW., Disclosures) because release of the
Washington, DC 20229. For privacy DHS/CBP invited comments on both accounting of disclosures could alert the
issues please contact: Jonathan R. the Notice of Proposed Rulemaking subject of an investigation of an actual or
Cantor (202–343–1717), Acting Chief (NPRM) and System of Records Notice potential criminal, civil, or regulatory
Privacy Officer, Privacy Office, (SORN). violation to the existence of that investigation
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![85106 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations
and reveal investigative interest on the part Customs Enforcement, 500 12th Street assist in the disruption of terrorist or other
of DHS as well as the recipient agency. SW., Mail Stop 5004, Washington, DC criminal activity; and discover previously
Disclosure of the accounting would therefore 20536, email: ICEPrivacy@ice.dhs.gov. unknown connections among existing ICE
present a serious impediment to law investigations. The DHS/ICE–015 LeadTrac
For privacy issues, please contact:
enforcement efforts and/or efforts to preserve System of Records contains aggregated data
national security. Disclosure of the
Jonathan R. Cantor (202–1717), Acting from ICE and DHS law enforcement and
accounting would also permit the individual Chief Privacy Officer, Privacy Office, homeland security IT systems, as well as data
who is the subject of a record to impede the Department of Homeland Security, uploaded by ICE personnel for analysis from
investigation, to tamper with witnesses or Washington, DC 20528. various public, private, and commercial
evidence, and to avoid detection or SUPPLEMENTARY INFORMATION: sources during the course of an investigation
apprehension, which would undermine the or analytical project. The Secretary of
entire investigative process. Background Homeland Security, pursuant to 5 U.S.C.
(b) From subsection (e)(8) (Notice on DHS/ICE published a notice of 552a(j)(2), has exempted this system from the
Individuals) because compliance would following provisions of the Privacy Act: 5
proposed rulemaking in the Federal U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2),
interfere with DHS’s ability to obtain, serve,
Register, 81 FR 153, August 9, 2016, (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5),
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed proposing to exempt portions of the (e)(8); (f); and (g). Additionally, the Secretary
under seal and could result in disclosure of system of records from one or more of Homeland Security, pursuant to 5 U.S.C.
investigative techniques, procedures, and provisions of the Privacy Act because of 552a(k)(2), has exempted this system from
evidence. criminal, civil, and administrative the following provisions of the Privacy Act:
(c) From subsection (g) (Civil Remedies) to enforcement requirements. The system 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(4)(G),
the extent that the system is exempt from of records is the DHS/ICE–015 LeadTrac (e)(4)(H), (e)(4)(I); and (f). When a record
other specific subsections of the Privacy Act. received from another system has been
System of Records. The DHS/ICE–015
exempted in that source system under 5
Dated: November 17, 2016. LeadTrac System of Records Notice was U.S.C. 552a(j)(2) or (k)(2), DHS will claim the
Jonathan R. Cantor, published concurrently in the Federal same exemptions for those records that are
Acting Chief Privacy Officer, Department of Register, 81 FR 153, August 9, 2016, and claimed for the original primary systems of
Homeland Security. comments were invited on both the records from which they originated and
[FR Doc. 2016–28288 Filed 11–23–16; 8:45 am] Notice of Proposed Rulemaking (NPRM) claims any additional exemptions set forth
and System of Records Notice (SORN). here.
BILLING CODE 9111–14–P
Exemptions from these particular
Public Comments subsections are justified, on a case-by-case
DHS received no comments on the basis to be determined at the time a request
DEPARTMENT OF HOMELAND is made, for the following reasons:
SECURITY NPRM and no comments on the SORN.
Because DHS received no public (a) From subsection (c)(3) and (4)
(Accounting for Disclosures) because release
Office of the Secretary comments, the Department will of the accounting of disclosures could alert
implement the rulemaking as proposed. the subject of an investigation of an actual or
6 CFR Part 5 List of Subjects in 6 CFR Part 5 potential criminal, civil, or regulatory
violation to the existence of that investigation
[Docket No. DHS–2016–0087] Freedom of information, Privacy. and reveal investigative interest on the part
For the reasons stated in the of DHS as well as the recipient agency.
Privacy Act of 1974: Implementation of Disclosure of the accounting would therefore
preamble, DHS proposes to amend
Exemptions; Department of Homeland present a serious impediment to law
chapter I of title 6, Code of Federal
Security/U.S. Immigration and enforcement efforts and/or efforts to preserve
Regulations, as follows:
Customs Enforcement–015 LeadTrac national security. Disclosure of the
System of Records accounting would also permit the individual
PART 5—DISCLOSURE OF RECORDS
who is the subject of a record to impede the
AGENCY: Privacy Office, Department of AND INFORMATION investigation, to tamper with witnesses or
Homeland Security. evidence, and to avoid detection or
■ 1. The authority citation for part 5 apprehension, which would undermine the
ACTION: Final rule. continues to read as follows: entire investigative process. Disclosure of
SUMMARY: The Department of Homeland Authority: Pub. L. 107–296, 116 Stat. corrections or notations of dispute may
2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301. impede investigations by requiring DHS to
Security is issuing a final rule to amend
Subpart A also issued under 5 U.S.C. 552. inform each witness or individual contacted
its regulations to exempt portions of a during the investigation of each correction or
Subpart B also issued under 5 U.S.C. 552a.
newly established system of records notation pertaining to information provided
titled, ‘‘Department of Homeland ■ 2. Add paragraph 75 to appendix C to them during the investigation.
Security (DHS)/U.S. Immigration and part 5 to read as follows: (b) From subsection (d) (Access to Records)
Customs Enforcement (ICE)–015 Appendix C to Part 5—DHS Systems of because access to the records contained in
LeadTrac System of Records’’ from this system of records could inform the
Records Exempt From the Privacy Act
certain provisions of the Privacy Act. subject of an investigation of an actual or
Specifically, the Department exempts * * * * * potential criminal, civil, or regulatory
75. The DHS/ICE–015 LeadTrac System of violation to the existence of that investigation
portions of the ‘‘DHS/ICE–015 LeadTrac
Records consists of electronic and paper and reveal investigative interest on the part
System of Records’’ from one or more records and will be used by ICE investigative of DHS or another agency. Access to the
provisions of the Privacy Act because of and homeland security personnel. The DHS/ records could permit the individual who is
criminal, civil, and administrative ICE–015 LeadTrac System of Records is a the subject of a record to impede the
enforcement requirements. repository of information held by ICE for investigation, to tamper with witnesses or
ehiers on DSK5VPTVN1PROD with RULES
DATES: This final rule is effective analytical and investigative purposes. The evidence, and to avoid detection or
November 25, 2016. system is used to conduct research apprehension. Amendment of the records
supporting the production of law could interfere with ongoing investigations
FOR FURTHER INFORMATION CONTACT: For enforcement activities; provide lead and law enforcement activities and would
general questions, please contact: information for investigative inquiry and impose an unreasonable administrative
Amber Smith, Privacy Officer, (202– follow-up; assist in the conduct of ICE burden by requiring investigations to be
732–3300), U.S. Immigration and criminal and administrative investigations; continually reinvestigated. In addition,
VerDate Sep<11>2014 14:00 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1](https://thefederalregister.org/doc/81_FR_85332/page/2.svg)
Document Created: 2016-11-23 23:17:56
Document Modified: 2016-11-23 23:17:56
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective November 25, 2016. | |
| Contact | For general questions please contact: Debra L. Danisek (202-344-1610), CBP Privacy Officer, Privacy and Diversity Office, 1300 Pennsylvania Ave. NW., Washington, DC 20229. For privacy issues 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 85105 | |
| CFR Associated | Freedom of Information and Privacy |
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