81_FR_9014 81 FR 8979 - Privacy Act of 1974; Department of Homeland Security, U.S. Customs and Border Protection-009 Electronic System for Travel Authorization System of Records

81 FR 8979 - Privacy Act of 1974; Department of Homeland Security, U.S. Customs and Border Protection-009 Electronic System for Travel Authorization System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range8979-8985
FR Document2016-03867

In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to update and reissue the DHS system of records titled, ``DHS/U.S. Customs and Border Protection (CBP)-009 Electronic System for Travel Authorization (ESTA) System of Records.'' This system of records allows DHS/CBP to collect and maintain records on nonimmigrant aliens seeking to travel to the United States under the Visa Waiver Program and other persons, including U.S. citizens and lawful permanent residents, whose names are provided to DHS as part of a nonimmigrant alien's ESTA application. The system is used to determine whether an applicant is eligible to travel to and enter the United States under the Visa Waiver Program (VWP) by vetting his or her ESTA application information against selected security and law enforcement databases at DHS, including but not limited to TECS (not an acronym) and the Automated Targeting System (ATS). In addition, ATS retains a copy of ESTA application data to identify ESTA applicants who may pose a security risk to the United States. ATS 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 ESTA application information against security and law enforcement databases at other federal agencies to enhance DHS's ability to determine whether the applicant poses a security risk to the United States and is eligible to travel to and enter the United States under the VWP. The results of this vetting may inform DHS's assessment of whether the applicant's travel poses a law enforcement or security risk and whether the application should be approved. DHS/CBP is updating this system of records notice, last published on November 4, 2014 (79 FR 65414), to modify the categories of records in the system to include responses to new questions and additional data elements to assist DHS/CBP in determining eligibility to travel under the VWP. DHS is also modifying the categories of records to remove several data elements that are no longer collected, including date of anticipated crossing, carrier information (carrier name and flight or vessel number), city of embarkation, and any change of address while in the United States. In 2014, DHS/CBP determined that these fields were unnecessary for mission operations. DHS/CBP is also revising the ESTA application to reflect the current quarantinable, communicable diseases specified by any Presidential E.O. under sec. 361(b) of the Public Health Service Act (PHS Act). Lastly, DHS/CBP is making non- substantive, clarifying edits to Routine Use N. DHS/CBP issued a Final Rule to exempt this system of records from certain provisions of the Privacy Act on August 31, 2009 (74 FR 45070). These regulations remain in effect.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8979-8985]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03867]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0014]


Privacy Act of 1974; Department of Homeland Security, U.S. 
Customs and Border Protection-009 Electronic System for Travel 
Authorization System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act System of Records.

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

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to update and reissue the DHS system 
of records titled, ``DHS/U.S. Customs and Border Protection (CBP)-009 
Electronic System for Travel Authorization (ESTA) System of Records.'' 
This system of records allows DHS/CBP to collect and maintain records 
on nonimmigrant aliens seeking to travel to the United States under the 
Visa Waiver Program and other persons, including U.S. citizens and 
lawful permanent residents, whose names are provided to DHS as part of 
a nonimmigrant alien's ESTA application. The system is used to 
determine whether an applicant is eligible to travel to and enter the 
United States under the Visa Waiver Program (VWP) by vetting his or her 
ESTA application information against selected security and law 
enforcement databases at DHS, including but not limited to TECS (not an 
acronym) and the Automated Targeting System (ATS). In addition, ATS 
retains a copy of ESTA application data to identify ESTA applicants who 
may pose a security risk to the United States. ATS 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 ESTA application 
information against security and law enforcement databases at other 
federal agencies to enhance DHS's ability to determine whether the 
applicant poses a security risk to the United States and is eligible to 
travel to and enter the United States under the VWP. The results of 
this vetting may inform DHS's assessment of whether the applicant's 
travel poses a law enforcement or security risk and whether the 
application should be approved.
    DHS/CBP is updating this system of records notice, last published 
on November 4, 2014 (79 FR 65414), to modify the categories of records 
in the system to include responses to new questions and additional data 
elements to assist DHS/CBP in determining eligibility to travel under 
the VWP. DHS is also modifying the categories of records to remove 
several data elements that are no longer collected, including date of 
anticipated crossing, carrier information (carrier name and flight or 
vessel number), city of embarkation, and any change of address while in 
the United States. In 2014, DHS/CBP determined that these fields were 
unnecessary for mission operations. DHS/CBP is also revising the ESTA 
application to reflect the current quarantinable, communicable diseases 
specified by any Presidential E.O. under sec. 361(b) of the Public 
Health Service Act (PHS Act). Lastly, DHS/CBP is making non-
substantive, clarifying edits to Routine Use N.
    DHS/CBP issued a Final Rule to exempt this system of records from 
certain provisions of the Privacy Act on August 31, 2009 (74 FR 45070). 
These regulations remain in effect.

DATES: This updated system will be effective upon the public display of 
this notice. Although this system is effective upon publication, DHS 
will accept and consider comments from the public and evaluate the need 
for any revisions to this notice.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0014 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

[[Page 8980]]

received, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
John Connors, (202) 344-1610, CBP Privacy Officer, 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 20528-0655.

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) is updating and reissuing a current DHS system of 
records titled, ``DHS/CBP-009 Electronic System for Travel 
Authorization (ESTA) System of Records.''
    In the wake of September 11, 2001, Congress enacted the 
Implementing Recommendations of the 9/11 Commission Act of 2007, Pub. 
L. 110-53. sec. 711 of that Act sought to address the security 
vulnerabilities associated with Visa Waiver Program (VWP) travelers not 
being subject to the same degree of screening as other international 
visitors. As a result, sec. 711 required DHS to develop and implement a 
fully automated electronic travel authorization system to collect 
biographical and other information necessary to evaluate the security 
risks and eligibility of an applicant to travel to the United States 
under the VWP. The VWP is a travel facilitation program that has 
evolved to include more robust security standards that are designed to 
prevent terrorists and other criminal actors from exploiting the 
program to enter the country.
    Electronic System for Travel Authorization is a web-based system 
that DHS/CBP developed in 2008 to determine the eligibility of foreign 
nationals to travel by air or sea to the United States under the VWP. 
Using the ESTA Web site, applicants submit biographic information and 
answer questions that permit DHS to determine eligibility for travel 
under the VWP. DHS/CBP uses the information submitted to ESTA to make a 
determination regarding whether the applicant is eligible to travel 
under the VWP, including whether his or her intended travel poses a law 
enforcement or security risk. DHS/CBP vets the ESTA applicant 
information against selected security and law enforcement databases, 
including TECS (DHS/CBP-011 U.S. Customs and Border Protection TECS, 73 
FR 77778, December 19, 2008) and ATS (DHS/CBP-006 Automated Targeting 
System, 77 FR 30297, May 22, 2012).
    The ATS also retains a copy of the ESTA application data to 
identify ESTA applicants who may pose a security risk to the United 
States. The ATS 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 ESTA application information against security 
and law enforcement databases at other federal agencies to enhance 
DHS's ability to determine whether the applicant poses a security risk 
to the United States or is otherwise eligible to travel to and enter 
the United States under the VWP. The results of this vetting may inform 
DHS's assessment of whether the applicant's travel poses a law 
enforcement or security risk. The ESTA eligibility determination is 
made prior to a visitor boarding a carrier en route to the United 
States.
    DHS/CBP is updating this system of records notice, last published 
on November 4, 2014 (79 FR 65414), to modify the categories of records 
in the system to include responses to new questions and additional data 
elements to assist DHS/CBP in determining eligibility to travel under 
the VWP. DHS is also modifying the categories of records to remove 
several data elements that are no longer collected, including date of 
anticipated crossing, carrier information (carrier name and flight or 
vessel number), city of embarkation, and any change of address while in 
the United States. In 2014, DHS/CBP determined that these fields were 
unnecessary for mission operations. DHS/CBP is also making non-
substantive, clarifying edits to Routine Use N.
    On December 18, 2015, the President signed into law the Visa Waiver 
Program Improvement and Terrorist Travel Prevention Act of 2015 as part 
of the Consolidated Appropriations Act of 2016. To meet the 
requirements of this new law, DHS is strengthening the security of the 
VWP through enhancements to the ESTA application and to the 
Nonimmigrant Visa Waiver Arrival/Departure Record form (Form I-94W). 
Many of the provisions of the new law became effective on the date of 
enactment of the Visa Waiver Program Improvement and Terrorist Travel 
Prevention Act of 2015. The Act generally makes certain nationals of 
VWP countries ineligible (with some exceptions) from traveling to the 
United States under the VWP if the applicant is also a national of, or 
at any time on or after March 1, 2011, been present in Iraq, Syria, a 
designated state sponsor of terrorism (currently Iran, Sudan, and 
Syria),\1\ or any other country or area of concern as designated by the 
Secretary of Homeland Security.\2\
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    \1\ Countries determined by the Secretary of State to have 
repeatedly provided support for acts of international terrorism are 
generally designated pursuant to three laws: sec. 6(j) of the Export 
Administration Act of 1979 (50 U.S.C. 2405); sec. 40 of the Arms 
Export Control Act (22 U.S.C. 2780); and sec. 620A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2371).
    \2\ The Act establishes exceptions to the bar for travel to 
Iraq, Syria, Iran, and Sudan since March 1, 2011, for individuals 
determined by the Secretary of Homeland Security to have been 
present in these countries, ``(i) in order to perform military 
service in the armed forces of a [VWP] program country; or (ii) in 
order to carry out official duties as a full time employee of the 
government of a [VWP] program country.'' 8 U.S.C. 1187(a)(12)(B).
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    Under the Visa Waiver Program Improvement and Terrorist Travel 
Prevention Act of 2015, the Secretary of Homeland Security may waive 
these new VWP travel restrictions with respect to an alien if the 
Secretary determines that such a waiver is in the law enforcement or 
national security interests of the United States. Whether ESTA 
applicants will receive a waiver will be determined on a case-by-case 
basis, in accordance with policy and operations guidance. DHS is 
updating this SORN to include updated questions to the ESTA application 
and Form I-94W in accordance with the new restrictions in the Act.
    DHS has determined that these enhancements to the ESTA application 
and Form I-94W will help DHS remain compliant with its legal 
requirements and for the VWP to adapt to the heightened threat 
environment including the continued increase in the number of foreign 
fighters from VWP countries participating in the Syria and Iraq 
conflicts. The newly proposed ESTA data elements, combined with 
existing data elements, will help the U.S. Government meet the 
requirements of the VWP Improvement and Terrorist Travel Prevention Act 
of 2015, mitigate the foreign fighter threat, and facilitate lawful 
travel under the VWP.
    In addition, pursuant to 42 U.S.C. 264(b) and E.O. 13295, as 
amended on July 31, 2014, DHS/CBP is revising the existing ESTA 
question on quarantinable communicable diseases. Applicants are 
inadmissible into the United States if they are determined (1) to have 
a communicable disease of public health significance; (2) to have a 
physical or mental disorder and behavior associated with the disorder 
that may pose, or has posed, a threat to

[[Page 8981]]

the property, safety, or welfare of the applicant or others; (3) to 
have a history of a physical or mental disorder associated with 
behavior which posed a threat to the property, safety, or welfare of 
the applicant or others and which is likely to recur or lead to other 
harmful behavior; or (4) to be a drug abuser or addict. The Department 
of Health and Human Services (HHS) and the Center for Disease Control 
(CDC) previously issued regulations that defined a ``communicable 
disease of public health significance'' by only listing eight specific 
diseases: Active tuberculosis (TB), human immunodeficiency virus (HIV) 
infection, chancroid, gonorrhea, granuloma inguinale, lymphogranuloma 
venereum, infectious syphilis, and infectious leprosy (Hansen's 
disease).
    These eight communicable diseases are currently listed on the 
existing ESTA application. However, HHS/CDC have found that recent 
experience (including the Ebola outbreak of 2014) demonstrated that a 
fixed list of diseases does not allow the flexibility to rapidly 
respond to unanticipated emerging or re-emerging outbreaks of disease. 
The ability to rapidly respond requires an approach based on 
prospective risks and consequences instead of a static list that does 
not reflect the potential for future outbreaks of novel diseases. 
Therefore, HHS/CDC is adding the following disease categories to the 
current list of communicable diseases of public health significance:
    (1) Quarantinable, communicable diseases specified by Presidential 
E.O. Order, as provided under sec. 361(b) of the PHS Act;
    (2) Any communicable disease that requires notification to WHO of 
an event that may constitute a public health emergency of international 
concern, pursuant to the revised IHR of 2005.
    Consistent with this new guidance from HHS/CDC regarding 
communicable diseases, DHS/CBP is revising the ESTA application to 
reflect the current quarantinable, communicable diseases specified by 
any Presidential E.O. under sec. 361(b) of the PHS Act. The revised 
ESTA Application question is as follows: Do you have a physical or 
mental disorder, or are you a drug abuser or addict, or do you 
currently have any of the following diseases (communicable diseases are 
specified pursuant to sec. 361(b) of the PHS Act:
     Cholera;
     Diphtheria;
     Tuberculosis, infection;
     Plague;
     Smallpox;
     Yellow Fever;
     Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, 
Crimean-Congo; and
     Severe acute respiratory illnesses capable of transmission 
to other persons and likely to cause mortality.
    DHS/CBP is also making non-substantive edits to Routine Use N to 
clarify that DHS/CBP may verify an individual's travel authorization 
status with that individual's carrier, prior to travel. To do so, DHS/
CBP receives Advanced Passenger Information from carriers seventy-two 
hours in advance of travel to verify the travel authorization status of 
those passengers. As part of the response, DHS/CBP does not send any 
personally identification information to the carrier. DHS/CBP only 
sends a positive or negative response. If DHS/CBP returns a negative 
response, the carriers must visually confirm a visa permitting travel 
to the United States.
    Consistent with DHS's information sharing mission, information 
stored in the ``DHS/CBP-009 Electronic System for Travel Authorization 
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, DHS/CBP may share information stored in ESTA 
with other federal security and counterterrorism agencies, as well as 
on a case-by-case basis to appropriate state, local, tribal, 
territorial, foreign, or international government agencies. This 
external sharing takes place after DHS determines that it is consistent 
with the routine uses set forth in this system of records notice.
    Additionally, for ongoing, systematic sharing, DHS completes an 
information sharing and access agreement with partners to establish the 
terms and conditions of the sharing, including documenting the need to 
know, authorized users and uses, and the privacy protections for the 
data.
    DHS previously issued a Final Rule to exempt this system of records 
from certain provisions of the Privacy Act on August 31, 2009 (74 FR 
45070). These regulations remain in effect. This updated system will be 
included in DHS's inventory of record systems.

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.
    Given the importance of providing privacy protections to 
international travelers, and because the ESTA application has generally 
solicited contact information about U.S. persons, DHS always 
administratively applied the privacy protections and safeguards of the 
Privacy Act to all international travelers subject to ESTA. The ESTA 
falls within the mixed system policy and DHS will continue to extend 
the administrative protections of the Privacy Act to information about 
travelers and non-travelers whose information is provided to DHS as 
part of the ESTA application.
    Below is the description of the DHS/U.S. Customs and Border 
Protection-009 Electronic System for Travel Authorization System of 
Records 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)-009.

System name:
    DHS/CBP-009 Electronic System for Travel Authorization System 
(ESTA).

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

System location:
    DHS/CBP maintains records at the CBP Headquarters in Washington, DC 
and field offices. Records are replicated from the operational system 
and maintained on the DHS unclassified and classified networks.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:

[[Page 8982]]

    1. Foreign nationals who seek to enter the United States by air or 
sea under the VWP; and,
    2. Persons, including U.S. Citizens and lawful permanent residents, 
whose information is provided in response to ESTA application 
questions.

Categories of records in the system:
    Visa Waiver Program travelers may seek the required travel 
authorization by electronically submitting an application consisting of 
biographical and other data elements via the ESTA Web site. The 
categories of records in ESTA include:
     Full name (first, middle, and last);
     Other names or aliases, if available;
     Date of birth;
     City and country of birth;
     Gender;
     Email address;
     Telephone number (home, mobile, work, other);
     Home address (address, apartment number, city, state/
region);
     Internet protocol (IP) address;
     ESTA application number;
     Country of residence;
     Passport number;
     Passport issuing country;
     Passport issuance date;
     Passport expiration date;
     Department of Treasury Pay.gov payment tracking number 
(i.e., confirmation of payment; absence of payment confirmation will 
result in a ``not cleared'' determination);
     Country of citizenship;
     Other citizenship (country, passport number);
     National identification number, if available;
     Address while visiting the United States (number, street, 
city, state);
     Emergency point of contact information (name, telephone 
number, email address);
     U.S. Point of Contact (name, address, telephone number);
     Parents' names;
     Current job title;
     Current or previous employer name;
     Current or previous employer street address; and
     Current or previous employer telephone number.
    The categories of records in ESTA also include responses to the 
following questions:
     Do you have a physical or mental disorder, or are you a 
drug abuser or addict,\3\ or do you currently have any of the following 
diseases (communicable diseases are specified pursuant to sec. 361(b) 
of the Public Health Service Act):

    \3\ Immigration and Nationality Act 212(a)(1)(A). Pursuant to 8 
U.S.C. 1182(a), aliens may be inadmissible to the United States if 
they have a physical or mental disorder and behavior associated with 
the disorder that may pose, or has posed, a threat to the property, 
safety, or welfare of the alien or others, or (ii) to have had a 
physical or mental disorder and a history of behavior associated 
with the disorder, which behavior has posed a threat to the 
property, safety, or welfare of the alien or others and which 
behavior is likely to recur or to lead to other harmful behavior, or 
are determined (in accordance with regulations prescribed by the 
Secretary of Health and Human Services) to be a drug abuser or 
addict.

[cir] Cholera
[cir] Diphtheria
[cir] Tuberculosis, infection
[cir] Plague
[cir] Smallpox
[cir] Yellow Fever
[cir] Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, 
Crimean-Congo
[cir] Severe acute respiratory illnesses capable of transmission to 
other persons and likely to cause mortality

     Have you ever been arrested or convicted for a crime that 
resulted in serious damage to property, or serious harm to another 
person or government authority?
     Have you ever violated any law related to possessing, 
using, or distributing illegal drugs?
     Do you seek to engage in or have you ever engaged in 
terrorist activities, espionage, sabotage, or genocide?
     Have you ever committed fraud or misrepresented yourself 
or others to obtain, or assist others to obtain, a visa or entry into 
the United States?
     Are you currently seeking employment in the United States 
or were you previously employed in the United States without prior 
permission from the U.S. government?
     Have you ever been denied a U.S. visa you applied for with 
your current or previous passport, or have you ever been refused 
admission to the United States or withdrawn your application for 
admission at a U.S. port of entry? If yes, when and where?
     Have you ever stayed in the United States longer than the 
admission period granted to you by the U.S. government?
     Have you traveled to, or been present in, Iraq, Syria, 
Iran, or Sudan on or after March 1, 2011? If yes, provide the country, 
date(s) of travel, and reason for travel. Depending on the purpose of 
travel to these countries, additional responses may be required 
including:
    [cir] Previous countries of travel;
    [cir] Dates of previous travel;
    [cir] Countries of previous citizenship;
    [cir] Other current or previous passports;
    [cir] Visa numbers;
    [cir] Laissez-Passer numbers;
    [cir] Identity card numbers;
    [cir] Organization, company, or entity on behalf of which you 
traveled;
    [cir] Official position/title with the organization, company, or 
entity behalf of which you traveled;
    [cir] Contact information for organization, company, or entity on 
behalf of which you traveled;
    [cir] Iraqi, Syrian, Iranian, or Sudanese Visa Number;
    [cir] I-Visa, G-Visa, or A-Visa number, if issued by a U.S. Embassy 
or Consulate;
    [cir] All organizations, companies, or entities with which you had 
business dealings, or humanitarian contact;
    [cir] Grant number, if applicant's organization has received U.S. 
government funding for humanitarian assistance within the last five 
years;
    [cir] Additional passport information (if issued a passport or 
national identity card for travel by any other country), including 
country, expiration year, and passport or identification card number;
    [cir] Any other information provided voluntarily in open, write-in 
fields provided to the ESTA applicant.
     Have you ever been a citizen or national of any other 
country? If yes, other countries of previous citizenship or 
nationality? If Iraq, Syria, Iran, or Sudan are selected, follow-up 
questions are asked regarding status of current citizenship including 
dual-citizenship information, and how citizenship was acquired.
    Applicants who identify Iraq, Syria, Iran, or Sudan as their 
Country of Birth on ESTA will be directed to follow-up questions to 
determine whether they currently are a national or dual national of 
their country of birth.

Authority for maintenance of the system:
    Title IV of the Homeland Security Act of 2002, 6 U.S.C. 201 et 
seq., the Immigration and Naturalization Act, as amended, including 8 
U.S.C. 1187(a)(11) and (h)(3), and implementing regulations contained 
in part 217, title 8, Code of Federal Regulations; the Travel Promotion 
Act of 2009, Pub. L. 111-145, 22 U.S.C. 2131.

Purpose(s):
    The purpose of this system is to collect and maintain a record of 
nonimmigrant aliens who want to travel to the United States under the 
VWP, and to determine whether applicants are eligible to travel to and 
enter the United States under the VWP. The information provided through 
ESTA is also vetted--along with other information that the Secretary of 
Homeland Security determines is necessary, including information about 
other persons included on the ESTA application--against various 
security and law

[[Page 8983]]

enforcement databases to identify those applicants who pose a security 
risk to the United States. This vetting includes consideration of the 
applicant's IP address, and all information provided in response to the 
ESTA application questionnaire, including free text write-in responses.
    The Department of Treasury Pay.gov tracking number (associated with 
the payment information provided to Pay.gov and stored in the Credit/
Debit Card Data System, DHS/CBP-003 Credit/Debit Card Data System 
(CDCDS) 76 FR 67755 (November 2, 2011)) will be used to process ESTA 
and third party administrator fees and to reconcile issues regarding 
payment between ESTA, CDCDS, and Pay.gov. Payment information will not 
be used for vetting purposes and is stored in a separate system (CDCDS) 
from the ESTA application data.
    DHS maintains a replica of some or all of the data in ESTA on the 
unclassified and classified DHS networks to allow for analysis and 
vetting consistent with the above stated uses and 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 
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 United States 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 
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. 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 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 appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purpose of protecting the vital health 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).
    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 in the proper 
performance of the official duties of the officer making the 
disclosure.
    J. To a federal, state, tribal, local, international, or foreign 
government agency or entity for the purpose of consulting with that 
agency or entity: (1) To assist in making a determination regarding 
redress for an individual in connection or program; (2) for the purpose 
of verifying the identity of an individual seeking redress in 
connection with the operations of a DHS Component or program; or (3) 
for the purpose of verifying the accuracy of information submitted by 
an individual who has requested such redress on behalf of another 
individual.
    K. To federal and foreign 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 to assist in countering such threat, or to assist in anti-
terrorism efforts.
    L. To the Department of State in the processing of petitions or 
applications for benefits under the Immigration and Nationality Act, 
and all other immigration and nationality laws including treaties and 
reciprocal agreements.
    M. 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.
    N. To the carrier transporting an individual to the United States, 
prior to travel, in response to a request from the carrier, to verify 
an individual's travel authorization status.
    O. To the Department of Treasury's Pay.gov, for payment processing 
and payment reconciliation purposes.
    P. 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, in response to a subpoena, or in connection with criminal 
law proceedings.
    Q. 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

[[Page 8984]]

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 in this system 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 may retrieve records by any of the data elements supplied 
by the applicant.

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 has imposed 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:
    Application information submitted to ESTA generally expires and is 
deemed ``inactive'' two years after the initial submission of 
information by the applicant. In the event that a traveler's passport 
remains valid for less than two years from the date of the ESTA 
approval, the ESTA travel authorization will expire concurrently with 
the passport. Information in ESTA will be retained for one year after 
the ESTA travel authorization expires. After this period, the inactive 
account information will be purged from online access and archived for 
12 years. Data linked at any time during the 15-year retention period 
(generally 3 years active, 12 years archived), to active law 
enforcement lookout records, will be matched by DHS/CBP to enforcement 
activities, and/or investigations or cases, including ESTA applications 
that are denied authorization to travel, will remain accessible for the 
life of the law enforcement activities to which they may become 
related. NARA guidelines for retention and archiving of data will apply 
to ESTA and DHS/CBP continues to negotiate with NARA for approval of 
the ESTA data retention and archiving plan. Records replicated on the 
unclassified and classified networks will follow the same retention 
schedule. Payment information is not stored in ESTA, but is forwarded 
to Pay.gov and stored in DHS/CBP's financial processing system, CDCDS, 
pursuant to the DHS/CBP-018, CDCDS system of records notice. When a VWP 
traveler's ESTA data is used for purposes of processing his or her 
application for admission to the United States, the ESTA data will be 
used to create a corresponding admission record in the DHS/CBP-016 Non-
Immigrant Information System (NIIS). This corresponding admission 
record will be retained in accordance with the NIIS retention schedule, 
which is 75 years.

System Manager and address:
    Director, Office of Automated Systems, U.S. Customs and Border 
Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229.

Notification procedure:
    Applicants may access their ESTA information to view and amend 
their applications by providing their ESTA number, birth date, and 
passport number. Once they have provided their ESTA number, birth date, 
and passport number, applicants may view their ESTA status (authorized 
to travel, not authorized to travel, pending) and submit limited 
updates to their travel itinerary information. If an applicant does not 
know his or her application number, he or she can provide his or her 
name, passport number, date of birth, and passport issuing country to 
retrieve his or her application number.
    In addition, ESTA applicants and other individuals whose 
information is included on ESTA applications may submit requests and 
receive information maintained in this system as it relates to data 
submitted by or on behalf of a person who travels to the United States 
and crosses the border, as well as, for ESTA applicants, the resulting 
determination (authorized to travel, pending, or not authorized to 
travel). However, the Secretary of Homeland Security has exempted 
portions of this system from certain provisions of the Privacy Act 
related to providing the accounting of disclosures to individuals 
because it is a law enforcement system. DHS/CBP will, however, consider 
individual requests to determine whether or not information may be 
released. In processing requests for access to information in this 
system, DHS/CBP will review the records in the operational system and 
coordinate with DHS to ensure that records that were replicated on the 
unclassified and classified networks, are reviewed and based on this 
notice provide appropriate access to the information.
    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 Chief Privacy Officer and 
Headquarters Freedom of Information Act (FOIA) Officer, whose contact 
information can be found at http://www.dhs.gov/foia under ``FOIA 
Contact Information.'' 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 Freedom of Information Act Officer, Department of Homeland 
Security, 245 Murray Drive SW., 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, individuals 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 or her

[[Page 8985]]

agreement for you to access his or 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 from information submitted by travelers via 
the online ESTA application at https://esta.cbp.dhs.gov/esta/.

Exemptions claimed for the system:
    No exemption shall be asserted with respect to information 
maintained in the system as it relates to data submitted by or on 
behalf of a person who travels to visit the United States and crosses 
the border, nor shall an exemption be asserted with respect to the 
resulting determination (authorized to travel, pending, or not 
authorized to travel). Information in the system may be shared with law 
enforcement and/or intelligence agencies pursuant to the above routine 
uses. The Privacy Act requires DHS to maintain an accounting of the 
disclosures made pursuant to all routines uses. Disclosing the fact 
that a law enforcement or intelligence agency has sought and been 
provided particular records may affect ongoing law enforcement 
activities. As such, pursuant to 5 U.S.C. 552a(j)(2), DHS will claim 
exemption from Sections (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.

    Dated: February 17, 2016
Karen L. Neuman
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-03867 Filed 2-22-16; 8:45 am]
 BILLING CODE 9111-14-P



                                                                              Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                            8979

                                                     • Fax: (202) 282–9207.                               individuals with disabilities, or to                  a security risk to the United States and
                                                     • Mail: Homeland Security Advisory                   request special assistance during the                 is eligible to travel to and enter the
                                                  Council, Department of Homeland                         teleconference contact Jay Visconti (202)             United States under the VWP. The
                                                  Security, Mailstop 0445, 245 Murray                     447–3135.                                             results of this vetting may inform DHS’s
                                                  Lane SW., Washington, DC 20528.                           Dated: February 16, 2016.                           assessment of whether the applicant’s
                                                     Instructions: All Submissions                        Sarah E. Morgenthau,                                  travel poses a law enforcement or
                                                  received must include the words                                                                               security risk and whether the
                                                                                                          Executive Director, Homeland Security
                                                  ‘‘Department of Homeland Security’’                     Advisory Council, DHS.                                application should be approved.
                                                  and DHS–2016–0011, the docket                                                                                    DHS/CBP is updating this system of
                                                                                                          [FR Doc. 2016–03656 Filed 2–22–16; 8:45 am]
                                                  number for this action. Comments                                                                              records notice, last published on
                                                                                                          BILLING CODE 9110–9M–P
                                                  received will be posted without                                                                               November 4, 2014 (79 FR 65414), to
                                                  alteration at http://www.regulations.gov,                                                                     modify the categories of records in the
                                                  including any personal information                      DEPARTMENT OF HOMELAND                                system to include responses to new
                                                  provided.                                               SECURITY                                              questions and additional data elements
                                                     Docket: For access to the docket to                                                                        to assist DHS/CBP in determining
                                                  read comments received by the DHS                       Office of the Secretary                               eligibility to travel under the VWP. DHS
                                                  Homeland Security Advisory Council,                                                                           is also modifying the categories of
                                                                                                          [Docket No. DHS–2016–0014]
                                                  go to http://www.regulations.gov, search                                                                      records to remove several data elements
                                                  ‘‘DHS–2016–0011,’’ ‘‘Open Docket                        Privacy Act of 1974; Department of                    that are no longer collected, including
                                                  Folder’’ and provide your comments.                     Homeland Security, U.S. Customs and                   date of anticipated crossing, carrier
                                                  FOR FURTHER INFORMATION CONTACT: Jay                    Border Protection–009 Electronic                      information (carrier name and flight or
                                                  Visconti at HSAC@hq.dhs.gov or at (202)                 System for Travel Authorization                       vessel number), city of embarkation, and
                                                  447–3135.                                               System of Records                                     any change of address while in the
                                                  SUPPLEMENTAL INFORMATION: Notice of                                                                           United States. In 2014, DHS/CBP
                                                                                                          AGENCY:  Privacy Office, Department of                determined that these fields were
                                                  this meeting is given under sec. 10(a) of
                                                                                                          Homeland Security.                                    unnecessary for mission operations.
                                                  the Federal Advisory Committee Act
                                                                                                          ACTION: Notice of Privacy Act System of               DHS/CBP is also revising the ESTA
                                                  (FACA), Public Law 92–463 (5 U.S.C.
                                                  App.) requiring each FACA committee                     Records.                                              application to reflect the current
                                                  meeting to be open to the public.                       SUMMARY:    In accordance with the                    quarantinable, communicable diseases
                                                     The Council provides organizationally                Privacy Act of 1974, the Department of                specified by any Presidential E.O. under
                                                  independent, strategic, timely, specific,               Homeland Security (DHS) proposes to                   sec. 361(b) of the Public Health Service
                                                  and actionable advice and                               update and reissue the DHS system of                  Act (PHS Act). Lastly, DHS/CBP is
                                                  recommendations for the consideration                   records titled, ‘‘DHS/U.S. Customs and                making non-substantive, clarifying edits
                                                  of the Secretary of the Department of                   Border Protection (CBP)-009 Electronic                to Routine Use N.
                                                  Homeland Security (DHS) on matters                      System for Travel Authorization (ESTA)                   DHS/CBP issued a Final Rule to
                                                  related to homeland security. The                       System of Records.’’ This system of                   exempt this system of records from
                                                  Council is comprised of leaders of local                records allows DHS/CBP to collect and                 certain provisions of the Privacy Act on
                                                  law enforcement, first responders, state,               maintain records on nonimmigrant                      August 31, 2009 (74 FR 45070). These
                                                  local, and tribal government, the private               aliens seeking to travel to the United                regulations remain in effect.
                                                  sector, and academia.                                   States under the Visa Waiver Program                  DATES: This updated system will be
                                                     The Council will review and                          and other persons, including U.S.                     effective upon the public display of this
                                                  deliberate on the U.S. Customs and                      citizens and lawful permanent                         notice. Although this system is effective
                                                  Border Protection (CBP) Integrity                       residents, whose names are provided to                upon publication, DHS will accept and
                                                  Advisory Panel and DHS Grant Review                     DHS as part of a nonimmigrant alien’s                 consider comments from the public and
                                                  Task Force final recommendations. The                   ESTA application. The system is used to               evaluate the need for any revisions to
                                                  Council will also vote on the issuance                  determine whether an applicant is                     this notice.
                                                  of a letter to Secretary Johnson about                  eligible to travel to and enter the United            ADDRESSES: You may submit comments,
                                                  countering violent extremism.                           States under the Visa Waiver Program                  identified by docket number DHS–
                                                     Public Participation: Members of the                 (VWP) by vetting his or her ESTA                      2016–0014 by one of the following
                                                  public will be in listen-only mode. The                 application information against selected              methods:
                                                  public may register to participate in this              security and law enforcement databases
                                                                                                                                                                   • Federal e-Rulemaking Portal:
                                                  Council teleconference via the following                at DHS, including but not limited to
                                                                                                                                                                http://www.regulations.gov. Follow the
                                                  procedures. Each individual must                        TECS (not an acronym) and the
                                                                                                                                                                instructions for submitting comments.
                                                  provide his or her full legal name and                  Automated Targeting System (ATS). In
                                                  email address no later than 5:00 p.m.                   addition, ATS retains a copy of ESTA                     • Fax: 202–343–4010.
                                                  EST on Wednesday, March 9, 2016 to a                    application data to identify ESTA                        • Mail: Karen L. Neuman, Chief
                                                  staff member of the Council via email to                applicants who may pose a security risk               Privacy Officer, Privacy Office,
                                                  HSAC@hq.dhs.gov or via phone (202)                      to the United States. ATS maintains                   Department of Homeland Security,
                                                  447–3135. The conference call details,                  copies of key elements of certain                     Washington, DC 20528–0655.
                                                  the CBP Integrity Advisory Panel report                 databases in order to minimize the                       Instructions: All submissions received
                                                                                                                                                                must include the agency name and
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  and the DHS Grant Review Task Force                     impact of processing searches on the
                                                  report will be provided to interested                   operational systems and to act as a                   docket number for this rulemaking. All
                                                  members of the public after the closing                 backup for certain operational systems.               comments received will be posted
                                                  of the public registration period and                   DHS may also vet ESTA application                     without change to http://
                                                  prior to the start of the meeting.                      information against security and law                  www.regulations.gov, including any
                                                     Information on Services for                          enforcement databases at other federal                personal information provided.
                                                  Individuals with Disabilities: For                      agencies to enhance DHS’s ability to                  DOCKET: For access to the docket to read
                                                  information on facilities or services for               determine whether the applicant poses                 background documents or comments


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                                                  8980                        Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  received, please visit http://                          Customs and Border Protection TECS,                   States under the VWP if the applicant is
                                                  www.regulations.gov.                                    73 FR 77778, December 19, 2008) and                   also a national of, or at any time on or
                                                  FOR FURTHER INFORMATION CONTACT:     For                ATS (DHS/CBP–006 Automated                            after March 1, 2011, been present in
                                                  general questions, please contact: John                 Targeting System, 77 FR 30297, May 22,                Iraq, Syria, a designated state sponsor of
                                                  Connors, (202) 344–1610, CBP Privacy                    2012).                                                terrorism (currently Iran, Sudan, and
                                                                                                             The ATS also retains a copy of the                 Syria),1 or any other country or area of
                                                  Officer, Privacy and Diversity Office,
                                                                                                          ESTA application data to identify ESTA                concern as designated by the Secretary
                                                  1300 Pennsylvania Ave. NW.,
                                                                                                          applicants who may pose a security risk               of Homeland Security.2
                                                  Washington, DC 20229. For privacy
                                                                                                          to the United States. The ATS maintains                  Under the Visa Waiver Program
                                                  questions, please contact: Karen L.
                                                                                                          copies of key elements of certain                     Improvement and Terrorist Travel
                                                  Neuman, (202) 343–1717, Chief Privacy
                                                                                                          databases in order to minimize the                    Prevention Act of 2015, the Secretary of
                                                  Officer, Privacy Office, Department of
                                                                                                          impact of processing searches on the                  Homeland Security may waive these
                                                  Homeland Security, Washington, DC
                                                                                                          operational systems and to act as a                   new VWP travel restrictions with
                                                  20528–0655.
                                                                                                          backup for certain operational systems.               respect to an alien if the Secretary
                                                  SUPPLEMENTARY INFORMATION:                              DHS may also vet ESTA application                     determines that such a waiver is in the
                                                  I. Background                                           information against security and law                  law enforcement or national security
                                                                                                          enforcement databases at other federal                interests of the United States. Whether
                                                     In accordance with the Privacy Act of                agencies to enhance DHS’s ability to                  ESTA applicants will receive a waiver
                                                  1974, 5 U.S.C. 552a, the Department of                  determine whether the applicant poses                 will be determined on a case-by-case
                                                  Homeland Security (DHS), U.S. Customs                   a security risk to the United States or is            basis, in accordance with policy and
                                                  and Border Protection (CBP) is updating                 otherwise eligible to travel to and enter             operations guidance. DHS is updating
                                                  and reissuing a current DHS system of                   the United States under the VWP. The                  this SORN to include updated questions
                                                  records titled, ‘‘DHS/CBP–009                           results of this vetting may inform DHS’s              to the ESTA application and Form I–
                                                  Electronic System for Travel                            assessment of whether the applicant’s                 94W in accordance with the new
                                                  Authorization (ESTA) System of                          travel poses a law enforcement or                     restrictions in the Act.
                                                  Records.’’                                              security risk. The ESTA eligibility                      DHS has determined that these
                                                     In the wake of September 11, 2001,                   determination is made prior to a visitor              enhancements to the ESTA application
                                                  Congress enacted the Implementing                       boarding a carrier en route to the United             and Form I–94W will help DHS remain
                                                  Recommendations of the 9/11                             States.                                               compliant with its legal requirements
                                                  Commission Act of 2007, Pub. L. 110–                       DHS/CBP is updating this system of                 and for the VWP to adapt to the
                                                  53. sec. 711 of that Act sought to                      records notice, last published on                     heightened threat environment
                                                  address the security vulnerabilities                    November 4, 2014 (79 FR 65414), to                    including the continued increase in the
                                                  associated with Visa Waiver Program                     modify the categories of records in the               number of foreign fighters from VWP
                                                  (VWP) travelers not being subject to the                system to include responses to new                    countries participating in the Syria and
                                                  same degree of screening as other                       questions and additional data elements                Iraq conflicts. The newly proposed
                                                  international visitors. As a result, sec.               to assist DHS/CBP in determining                      ESTA data elements, combined with
                                                  711 required DHS to develop and                         eligibility to travel under the VWP. DHS              existing data elements, will help the
                                                  implement a fully automated electronic                  is also modifying the categories of                   U.S. Government meet the requirements
                                                  travel authorization system to collect                  records to remove several data elements               of the VWP Improvement and Terrorist
                                                  biographical and other information                      that are no longer collected, including               Travel Prevention Act of 2015, mitigate
                                                  necessary to evaluate the security risks                date of anticipated crossing, carrier                 the foreign fighter threat, and facilitate
                                                  and eligibility of an applicant to travel               information (carrier name and flight or               lawful travel under the VWP.
                                                  to the United States under the VWP.                     vessel number), city of embarkation, and                 In addition, pursuant to 42 U.S.C.
                                                  The VWP is a travel facilitation program                any change of address while in the                    264(b) and E.O. 13295, as amended on
                                                  that has evolved to include more robust                 United States. In 2014, DHS/CBP                       July 31, 2014, DHS/CBP is revising the
                                                  security standards that are designed to                 determined that these fields were                     existing ESTA question on
                                                  prevent terrorists and other criminal                   unnecessary for mission operations.                   quarantinable communicable diseases.
                                                  actors from exploiting the program to                   DHS/CBP is also making non-                           Applicants are inadmissible into the
                                                  enter the country.                                      substantive, clarifying edits to Routine              United States if they are determined (1)
                                                     Electronic System for Travel                         Use N.                                                to have a communicable disease of
                                                  Authorization is a web-based system                        On December 18, 2015, the President                public health significance; (2) to have a
                                                  that DHS/CBP developed in 2008 to                       signed into law the Visa Waiver                       physical or mental disorder and
                                                  determine the eligibility of foreign                    Program Improvement and Terrorist                     behavior associated with the disorder
                                                  nationals to travel by air or sea to the                Travel Prevention Act of 2015 as part of              that may pose, or has posed, a threat to
                                                  United States under the VWP. Using the                  the Consolidated Appropriations Act of
                                                  ESTA Web site, applicants submit                        2016. To meet the requirements of this                   1 Countries determined by the Secretary of State

                                                  biographic information and answer                       new law, DHS is strengthening the                     to have repeatedly provided support for acts of
                                                  questions that permit DHS to determine                  security of the VWP through                           international terrorism are generally designated
                                                                                                                                                                pursuant to three laws: sec. 6(j) of the Export
                                                  eligibility for travel under the VWP.                   enhancements to the ESTA application                  Administration Act of 1979 (50 U.S.C. 2405); sec.
                                                  DHS/CBP uses the information                            and to the Nonimmigrant Visa Waiver                   40 of the Arms Export Control Act (22 U.S.C. 2780);
                                                  submitted to ESTA to make a                             Arrival/Departure Record form (Form I–                and sec. 620A of the Foreign Assistance Act of 1961
                                                                                                                                                                (22 U.S.C. 2371).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  determination regarding whether the                     94W). Many of the provisions of the                      2 The Act establishes exceptions to the bar for
                                                  applicant is eligible to travel under the               new law became effective on the date of               travel to Iraq, Syria, Iran, and Sudan since March
                                                  VWP, including whether his or her                       enactment of the Visa Waiver Program                  1, 2011, for individuals determined by the Secretary
                                                  intended travel poses a law enforcement                 Improvement and Terrorist Travel                      of Homeland Security to have been present in these
                                                  or security risk. DHS/CBP vets the ESTA                 Prevention Act of 2015. The Act                       countries, ‘‘(i) in order to perform military service
                                                                                                                                                                in the armed forces of a [VWP] program country; or
                                                  applicant information against selected                  generally makes certain nationals of                  (ii) in order to carry out official duties as a full time
                                                  security and law enforcement databases,                 VWP countries ineligible (with some                   employee of the government of a [VWP] program
                                                  including TECS (DHS/CBP–011 U.S.                        exceptions) from traveling to the United              country.’’ 8 U.S.C. 1187(a)(12)(B).



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                                                                              Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                             8981

                                                  the property, safety, or welfare of the                    • Viral Hemorrhagic Fevers,                        A ‘‘system of records’’ is a group of any
                                                  applicant or others; (3) to have a history              including Ebola, Lassa, Marburg,                      records under the control of an agency
                                                  of a physical or mental disorder                        Crimean-Congo; and                                    from which information is retrieved by
                                                  associated with behavior which posed a                     • Severe acute respiratory illnesses               the name of an individual or by some
                                                  threat to the property, safety, or welfare              capable of transmission to other persons              identifying number, symbol, or other
                                                  of the applicant or others and which is                 and likely to cause mortality.                        identifying particular assigned to the
                                                  likely to recur or lead to other harmful                   DHS/CBP is also making non-                        individual. In the Privacy Act, an
                                                  behavior; or (4) to be a drug abuser or                 substantive edits to Routine Use N to                 individual is defined to encompass U.S.
                                                  addict. The Department of Health and                    clarify that DHS/CBP may verify an                    citizens and lawful permanent
                                                  Human Services (HHS) and the Center                     individual’s travel authorization status              residents. As a matter of policy, DHS
                                                  for Disease Control (CDC) previously                    with that individual’s carrier, prior to              extends administrative Privacy Act
                                                  issued regulations that defined a                       travel. To do so, DHS/CBP receives                    protections to all individuals when
                                                  ‘‘communicable disease of public health                 Advanced Passenger Information from                   systems of records maintain information
                                                  significance’’ by only listing eight                    carriers seventy-two hours in advance of              on U.S. citizens, lawful permanent
                                                  specific diseases: Active tuberculosis                  travel to verify the travel authorization             residents, and visitors.
                                                  (TB), human immunodeficiency virus                      status of those passengers. As part of the               Given the importance of providing
                                                  (HIV) infection, chancroid, gonorrhea,                  response, DHS/CBP does not send any                   privacy protections to international
                                                  granuloma inguinale, lymphogranuloma                    personally identification information to              travelers, and because the ESTA
                                                  venereum, infectious syphilis, and                      the carrier. DHS/CBP only sends a                     application has generally solicited
                                                  infectious leprosy (Hansen’s disease).                  positive or negative response. If DHS/                contact information about U.S. persons,
                                                     These eight communicable diseases                    CBP returns a negative response, the                  DHS always administratively applied
                                                  are currently listed on the existing                    carriers must visually confirm a visa                 the privacy protections and safeguards
                                                  ESTA application. However, HHS/CDC                      permitting travel to the United States.               of the Privacy Act to all international
                                                                                                             Consistent with DHS’s information                  travelers subject to ESTA. The ESTA
                                                  have found that recent experience
                                                                                                          sharing mission, information stored in                falls within the mixed system policy
                                                  (including the Ebola outbreak of 2014)
                                                                                                          the ‘‘DHS/CBP–009 Electronic System                   and DHS will continue to extend the
                                                  demonstrated that a fixed list of diseases
                                                                                                          for Travel Authorization System of                    administrative protections of the
                                                  does not allow the flexibility to rapidly
                                                                                                          Records’’ may be shared with other DHS                Privacy Act to information about
                                                  respond to unanticipated emerging or
                                                                                                          Components that have a need to know                   travelers and non-travelers whose
                                                  re-emerging outbreaks of disease. The
                                                                                                          the information to carry out their                    information is provided to DHS as part
                                                  ability to rapidly respond requires an
                                                                                                          national security, law enforcement,                   of the ESTA application.
                                                  approach based on prospective risks and
                                                                                                          immigration, intelligence, or other                      Below is the description of the DHS/
                                                  consequences instead of a static list that
                                                                                                          homeland security functions. In                       U.S. Customs and Border Protection-009
                                                  does not reflect the potential for future
                                                                                                          addition, DHS/CBP may share                           Electronic System for Travel
                                                  outbreaks of novel diseases. Therefore,
                                                                                                          information stored in ESTA with other                 Authorization System of Records
                                                  HHS/CDC is adding the following
                                                                                                          federal security and counterterrorism                 System of Records.
                                                  disease categories to the current list of
                                                                                                          agencies, as well as on a case-by-case                   In accordance with 5 U.S.C. 552a(r),
                                                  communicable diseases of public health
                                                                                                          basis to appropriate state, local, tribal,            DHS has provided a report of this
                                                  significance:
                                                                                                          territorial, foreign, or international                system of records to the Office of
                                                     (1) Quarantinable, communicable
                                                                                                          government agencies. This external                    Management and Budget and to
                                                  diseases specified by Presidential E.O.
                                                                                                          sharing takes place after DHS                         Congress.
                                                  Order, as provided under sec. 361(b) of
                                                                                                          determines that it is consistent with the
                                                  the PHS Act;                                                                                                  SYSTEM OF RECORDS:
                                                                                                          routine uses set forth in this system of
                                                     (2) Any communicable disease that                                                                            Department of Homeland Security
                                                                                                          records notice.
                                                  requires notification to WHO of an event                   Additionally, for ongoing, systematic              (DHS)/U.S. Customs and Border
                                                  that may constitute a public health                     sharing, DHS completes an information                 Protection (CBP)–009.
                                                  emergency of international concern,                     sharing and access agreement with
                                                  pursuant to the revised IHR of 2005.                    partners to establish the terms and                   SYSTEM NAME:
                                                     Consistent with this new guidance                    conditions of the sharing, including                    DHS/CBP–009 Electronic System for
                                                  from HHS/CDC regarding                                  documenting the need to know,                         Travel Authorization System (ESTA).
                                                  communicable diseases, DHS/CBP is                       authorized users and uses, and the
                                                  revising the ESTA application to reflect                                                                      SECURITY CLASSIFICATION:
                                                                                                          privacy protections for the data.                       Unclassified. The data may be
                                                  the current quarantinable,                                 DHS previously issued a Final Rule to
                                                  communicable diseases specified by any                                                                        retained on classified networks but this
                                                                                                          exempt this system of records from
                                                  Presidential E.O. under sec. 361(b) of                                                                        does not change the nature and
                                                                                                          certain provisions of the Privacy Act on
                                                  the PHS Act. The revised ESTA                                                                                 character of the data until it is combined
                                                                                                          August 31, 2009 (74 FR 45070). These
                                                  Application question is as follows: Do                                                                        with classified information.
                                                                                                          regulations remain in effect. This
                                                  you have a physical or mental disorder,                 updated system will be included in                    SYSTEM LOCATION:
                                                  or are you a drug abuser or addict, or do               DHS’s inventory of record systems.                       DHS/CBP maintains records at the
                                                  you currently have any of the following
                                                                                                          II. Privacy Act                                       CBP Headquarters in Washington, DC
                                                  diseases (communicable diseases are
                                                                                                                                                                and field offices. Records are replicated
                                                  specified pursuant to sec. 361(b) of the
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                                                                                                             The Privacy Act embodies fair                      from the operational system and
                                                  PHS Act:                                                information practice principles in a                  maintained on the DHS unclassified and
                                                     • Cholera;                                           statutory framework governing the                     classified networks.
                                                     • Diphtheria;                                        means by which Federal Government
                                                     • Tuberculosis, infection;                           agencies collect, maintain, use, and                  CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                     • Plague;                                            disseminate individuals’ records. The                 SYSTEM:
                                                     • Smallpox;                                          Privacy Act applies to information that                 Categories of individuals covered by
                                                     • Yellow Fever;                                      is maintained in a ‘‘system of records.’’             this system include:


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                                                  8982                          Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                    1. Foreign nationals who seek to enter   the following diseases (communicable                                        Æ Organization, company, or entity
                                                  the United States by air or sea under the  diseases are specified pursuant to sec.                                  on behalf of which you traveled;
                                                  VWP; and,                                  361(b) of the Public Health Service Act):                                   Æ Official position/title with the
                                                    2. Persons, including U.S. Citizens      Æ Cholera                                                                organization, company, or entity behalf
                                                  and lawful permanent residents, whose      Æ Diphtheria                                                             of which you traveled;
                                                  information is provided in response to     Æ Tuberculosis, infection                                                   Æ Contact information for
                                                  ESTA application questions.                Æ Plague                                                                 organization, company, or entity on
                                                                                             Æ Smallpox                                                               behalf of which you traveled;
                                                  CATEGORIES OF RECORDS IN THE SYSTEM:
                                                                                             Æ Yellow Fever                                                              Æ Iraqi, Syrian, Iranian, or Sudanese
                                                     Visa Waiver Program travelers may       Æ Viral Hemorrhagic Fevers, including                                    Visa Number;
                                                  seek the required travel authorization by     Ebola, Lassa, Marburg, Crimean-                                          Æ I-Visa, G-Visa, or A-Visa number, if
                                                  electronically submitting an application      Congo                                                                 issued by a U.S. Embassy or Consulate;
                                                  consisting of biographical and other       Æ Severe acute respiratory illnesses                                        Æ All organizations, companies, or
                                                  data elements via the ESTA Web site.          capable of transmission to other                                      entities with which you had business
                                                  The categories of records in ESTA             persons and likely to cause mortality                                 dealings, or humanitarian contact;
                                                  include:                                      • Have you ever been arrested or                                         Æ Grant number, if applicant’s
                                                     • Full name (first, middle, and last);  convicted for a crime that resulted in                                   organization has received U.S.
                                                     • Other names or aliases, if available; serious damage to property, or serious                                   government funding for humanitarian
                                                     • Date of birth;                                                                                                 assistance within the last five years;
                                                                                             harm to another person or government
                                                     • City and country of birth;                                                                                        Æ Additional passport information (if
                                                                                             authority?
                                                     • Gender;                                                                                                        issued a passport or national identity
                                                                                                • Have you ever violated any law
                                                     • Email address;                                                                                                 card for travel by any other country),
                                                                                             related to possessing, using, or
                                                     • Telephone number (home, mobile,                                                                                including country, expiration year, and
                                                                                             distributing illegal drugs?
                                                  work, other);                                                                                                       passport or identification card number;
                                                                                                • Do you seek to engage in or have
                                                     • Home address (address, apartment                                                                                  Æ Any other information provided
                                                                                             you ever engaged in terrorist activities,
                                                  number, city, state/region);                                                                                        voluntarily in open, write-in fields
                                                                                             espionage, sabotage, or genocide?
                                                     • Internet protocol (IP) address;                                                                                provided to the ESTA applicant.
                                                                                                • Have you ever committed fraud or
                                                     • ESTA application number;                                                                                          • Have you ever been a citizen or
                                                                                             misrepresented yourself or others to
                                                     • Country of residence;                                                                                          national of any other country? If yes,
                                                     • Passport number;                      obtain, or assist others to obtain, a visa
                                                                                             or entry into the United States?                                         other countries of previous citizenship
                                                     • Passport issuing country;                                                                                      or nationality? If Iraq, Syria, Iran, or
                                                     • Passport issuance date;                  • Are you currently seeking
                                                                                             employment          in the United States or                              Sudan are selected, follow-up questions
                                                     • Passport expiration date;                                                                                      are asked regarding status of current
                                                     • Department of Treasury Pay.gov        were you previously employed in the
                                                                                             United States without prior permission                                   citizenship including dual-citizenship
                                                  payment tracking number (i.e.,                                                                                      information, and how citizenship was
                                                  confirmation of payment; absence of        from the U.S. government?
                                                                                                • Have you ever been denied a U.S.                                    acquired.
                                                  payment confirmation will result in a                                                                                  Applicants who identify Iraq, Syria,
                                                  ‘‘not cleared’’ determination);            visa you applied for with your current
                                                                                             or previous passport, or have you ever                                   Iran, or Sudan as their Country of Birth
                                                     • Country of citizenship;                                                                                        on ESTA will be directed to follow-up
                                                     • Other citizenship (country, passport been refused admission to the United                                      questions to determine whether they
                                                  number);                                   States or withdrawn your application
                                                                                             for admission at a U.S. port of entry? If                                currently are a national or dual national
                                                     • National identification number, if                                                                             of their country of birth.
                                                  available;                                 yes, when and where?
                                                     • Address while visiting the United        • Have you ever stayed in the United                                  AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                                  States (number, street, city, state);      States   longer than the admission period                                   Title IV of the Homeland Security Act
                                                     • Emergency point of contact            granted to you by the U.S. government?                                   of 2002, 6 U.S.C. 201 et seq., the
                                                  information (name, telephone number,          • Have you traveled to, or been
                                                                                                                                                                      Immigration and Naturalization Act, as
                                                  email address);                            present in, Iraq, Syria, Iran, or Sudan on
                                                                                                                                                                      amended, including 8 U.S.C. 1187(a)(11)
                                                     • U.S. Point of Contact (name,          or after March 1, 2011? If yes, provide
                                                                                                                                                                      and (h)(3), and implementing
                                                  address, telephone number);                the country, date(s) of travel, and reason
                                                                                                                                                                      regulations contained in part 217, title
                                                     • Parents’ names;                       for travel. Depending on the purpose of
                                                                                                                                                                      8, Code of Federal Regulations; the
                                                     • Current job title;                    travel to these countries, additional
                                                                                                                                                                      Travel Promotion Act of 2009, Pub. L.
                                                     • Current or previous employer name; responses may be required including:                                        111–145, 22 U.S.C. 2131.
                                                     • Current or previous employer street      Æ Previous countries of travel;
                                                  address; and                                  Æ Dates of previous travel;                                           PURPOSE(S):
                                                     • Current or previous employer             Æ Countries of previous citizenship;                                     The purpose of this system is to
                                                  telephone number.                             Æ Other current or previous                                           collect and maintain a record of
                                                     The categories of records in ESTA       passports;                                                               nonimmigrant aliens who want to travel
                                                  also include responses to the following       Æ Visa numbers;                                                       to the United States under the VWP, and
                                                  questions:                                    Æ Laissez-Passer numbers;                                             to determine whether applicants are
                                                                                                Æ Identity card numbers;
                                                     • Do you have a physical or mental                                                                               eligible to travel to and enter the United
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                                                  disorder, or are you a drug abuser or                                                                               States under the VWP. The information
                                                                                             or others, or (ii) to have had a physical or mental
                                                  addict,3 or do you currently have any of disorder and a history of behavior associated with                         provided through ESTA is also vetted—
                                                                                                            the disorder, which behavior has posed a threat to        along with other information that the
                                                    3 Immigration  and Nationality Act 212(a)(1)(A).        the property, safety, or welfare of the alien or others   Secretary of Homeland Security
                                                  Pursuant to 8 U.S.C. 1182(a), aliens may be               and which behavior is likely to recur or to lead to       determines is necessary, including
                                                  inadmissible to the United States if they have a          other harmful behavior, or are determined (in
                                                  physical or mental disorder and behavior associated       accordance with regulations prescribed by the
                                                                                                                                                                      information about other persons
                                                  with the disorder that may pose, or has posed, a          Secretary of Health and Human Services) to be a           included on the ESTA application—
                                                  threat to the property, safety, or welfare of the alien   drug abuser or addict.                                    against various security and law


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                                                                              Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                             8983

                                                  enforcement databases to identify those                    D. To an agency or organization for                will be provided of any identified health
                                                  applicants who pose a security risk to                  the purpose of performing audit or                    threat or risk).
                                                  the United States. This vetting includes                oversight operations as authorized by                    I. To third parties during the course
                                                  consideration of the applicant’s IP                     law, but only such information as is                  of a law enforcement investigation to
                                                  address, and all information provided in                necessary and relevant to such audit or               the extent necessary to obtain
                                                  response to the ESTA application                        oversight function.                                   information pertinent to the
                                                  questionnaire, including free text write-                  E. To appropriate agencies, entities,              investigation, provided disclosure is
                                                  in responses.                                           and persons when:                                     appropriate in the proper performance
                                                     The Department of Treasury Pay.gov                      1. DHS suspects or has confirmed that              of the official duties of the officer
                                                  tracking number (associated with the                    the security or confidentiality of                    making the disclosure.
                                                  payment information provided to                         information in the system of records has                 J. To a federal, state, tribal, local,
                                                  Pay.gov and stored in the Credit/Debit                  been compromised;                                     international, or foreign government
                                                  Card Data System, DHS/CBP–003                              2. DHS has determined that as a result             agency or entity for the purpose of
                                                  Credit/Debit Card Data System (CDCDS)                   of the suspected or confirmed                         consulting with that agency or entity: (1)
                                                  76 FR 67755 (November 2, 2011)) will                    compromise, there is a risk of identity               To assist in making a determination
                                                  be used to process ESTA and third party                 theft or fraud, harm to economic or                   regarding redress for an individual in
                                                  administrator fees and to reconcile                     property interests, harm to an                        connection or program; (2) for the
                                                  issues regarding payment between                        individual, or harm to the security or                purpose of verifying the identity of an
                                                  ESTA, CDCDS, and Pay.gov. Payment                       integrity of this system or other systems             individual seeking redress in
                                                  information will not be used for vetting                or programs (whether maintained by                    connection with the operations of a DHS
                                                  purposes and is stored in a separate                    DHS or another agency or entity) that                 Component or program; or (3) for the
                                                  system (CDCDS) from the ESTA                            rely upon the compromised                             purpose of verifying the accuracy of
                                                  application data.                                       information; and                                      information submitted by an individual
                                                     DHS maintains a replica of some or all                                                                     who has requested such redress on
                                                                                                             3. The disclosure made to such
                                                  of the data in ESTA on the unclassified                                                                       behalf of another individual.
                                                                                                          agencies, entities, and persons is
                                                  and classified DHS networks to allow                                                                             K. To federal and foreign government
                                                                                                          reasonably necessary to assist in
                                                  for analysis and vetting consistent with                                                                      intelligence or counterterrorism
                                                                                                          connection with DHS’s efforts to
                                                  the above stated uses and purposes and                                                                        agencies or components when DHS
                                                                                                          respond to the suspected or confirmed
                                                  this published notice.                                                                                        becomes aware of an indication of a
                                                                                                          compromise and prevent, minimize, or
                                                  ROUTINE USES OF RECORDS MAINTAINED IN THE               remedy such harm.                                     threat or potential threat to national or
                                                  SYSTEM, INCLUDING CATEGORIES OF USERS AND                                                                     international security to assist in
                                                                                                             F. To contractors and their agents,
                                                  THE PURPOSES OF SUCH USES:                                                                                    countering such threat, or to assist in
                                                                                                          grantees, experts, consultants, and
                                                     In addition to those disclosures                                                                           anti-terrorism efforts.
                                                                                                          others performing or working on a                        L. To the Department of State in the
                                                  generally permitted under 5 U.S.C.                      contract, service, grant, cooperative
                                                  552a(b) of the Privacy Act, all or a                                                                          processing of petitions or applications
                                                                                                          agreement, or other assignment for DHS,               for benefits under the Immigration and
                                                  portion of the records or information                   when necessary to accomplish an
                                                  contained in this system may be                                                                               Nationality Act, and all other
                                                                                                          agency function related to this system of             immigration and nationality laws
                                                  disclosed outside DHS as a routine use                  records. Individuals provided
                                                  pursuant to 5 U.S.C. 552a(b)(3) as                                                                            including treaties and reciprocal
                                                                                                          information under this routine use are                agreements.
                                                  follows:                                                subject to the same Privacy Act
                                                     A. To the Department of Justice (DOJ),                                                                        M. To an organization or individual in
                                                                                                          requirements and limitations on                       either the public or private sector, either
                                                  including Offices of the U.S. Attorneys,                disclosure as are applicable to DHS
                                                  or other federal agency conducting                                                                            foreign or domestic, when there is a
                                                                                                          officers and employees.                               reason to believe that the recipient is or
                                                  litigation or in proceedings before any                    G. To an appropriate federal, state,
                                                  court, adjudicative, or administrative                                                                        could become the target of a particular
                                                                                                          tribal, local, international, or foreign law          terrorist activity or conspiracy, to the
                                                  body, when it is relevant or necessary to               enforcement agency or other appropriate
                                                  the litigation and one of the following                                                                       extent the information is relevant to the
                                                                                                          authority charged with investigating or               protection of life or property.
                                                  is a party to the litigation or has an                  prosecuting a violation or enforcing or
                                                  interest in such litigation:                                                                                     N. To the carrier transporting an
                                                                                                          implementing a law, rule, regulation, or              individual to the United States, prior to
                                                     1. DHS or any component thereof;
                                                     2. Any employee or former employee                   order, when a record, either on its face              travel, in response to a request from the
                                                  of DHS in his/her official capacity;                    or in conjunction with other                          carrier, to verify an individual’s travel
                                                     3. Any employee or former employee                   information, indicates a violation or                 authorization status.
                                                  of DHS in his/her individual capacity                   potential violation of law, which                        O. To the Department of Treasury’s
                                                  when DOJ or DHS has agreed to                           includes criminal, civil, or regulatory               Pay.gov, for payment processing and
                                                  represent the employee; or                              violations and such disclosure is proper              payment reconciliation purposes.
                                                     4. The United States or any agency                   and consistent with the official duties of               P. To a court, magistrate, or
                                                  thereof.                                                the person making the disclosure.                     administrative tribunal in the course of
                                                     B. To a congressional office from the                   H. To appropriate federal, state, local,           presenting evidence, including
                                                  record of an individual in response to                  tribal, or foreign governmental agencies              disclosures to opposing counsel or
                                                  an inquiry from that congressional office               or multilateral governmental                          witnesses in the course of civil
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                                                  made at the request of the individual to                organizations for the purpose of                      discovery, litigation, or settlement
                                                  whom the record pertains.                               protecting the vital health interests of a            negotiations, in response to a subpoena,
                                                     C. To the National Archives and                      data subject or other persons (e.g., to               or in connection with criminal law
                                                  Records Administration (NARA) or                        assist such agencies or organizations in              proceedings.
                                                  General Services Administration                         preventing exposure to or transmission                   Q. To the news media and the public,
                                                  pursuant to records management                          of a communicable or quarantinable                    with the approval of the Chief Privacy
                                                  inspections being conducted under the                   disease or to combat other significant                Officer in consultation with counsel,
                                                  authority of 44 U.S.C. 2904 and 2906.                   public health threats; appropriate notice             when there exists a legitimate public


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                                                  8984                         Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  interest in the disclosure of the                        DHS/CBP to enforcement activities,                    accounting of disclosures to individuals
                                                  information, when disclosure is                          and/or investigations or cases, including             because it is a law enforcement system.
                                                  necessary to preserve confidence in the                  ESTA applications that are denied                     DHS/CBP will, however, consider
                                                  integrity of DHS, or when disclosure is                  authorization to travel, will remain                  individual requests to determine
                                                  necessary to demonstrate the                             accessible for the life of the law                    whether or not information may be
                                                  accountability of DHS’s officers,                        enforcement activities to which they                  released. In processing requests for
                                                  employees, or individuals covered by                     may become related. NARA guidelines                   access to information in this system,
                                                  the system, except to the extent the                     for retention and archiving of data will              DHS/CBP will review the records in the
                                                  Chief Privacy Officer determines that                    apply to ESTA and DHS/CBP continues                   operational system and coordinate with
                                                  release of the specific information in the               to negotiate with NARA for approval of                DHS to ensure that records that were
                                                  context of a particular case would                       the ESTA data retention and archiving                 replicated on the unclassified and
                                                  constitute an unwarranted invasion of                    plan. Records replicated on the                       classified networks, are reviewed and
                                                  personal privacy.                                        unclassified and classified networks                  based on this notice provide appropriate
                                                                                                           will follow the same retention schedule.              access to the information.
                                                  DISCLOSURE TO CONSUMER REPORTING                                                                                  Individuals seeking notification of
                                                  AGENCIES:
                                                                                                           Payment information is not stored in
                                                                                                           ESTA, but is forwarded to Pay.gov and                 and access to any record contained in
                                                     None.                                                                                                       this system of records, or seeking to
                                                                                                           stored in DHS/CBP’s financial
                                                  POLICIES AND PRACTICES FOR STORING,                      processing system, CDCDS, pursuant to                 contest its content, may submit a
                                                  RETRIEVING, ACCESSING, RETAINING, AND                    the DHS/CBP–018, CDCDS system of                      request in writing to the Chief Privacy
                                                  DISPOSING OF RECORDS IN THE SYSTEM:                      records notice. When a VWP traveler’s                 Officer and Headquarters Freedom of
                                                  STORAGE:                                                 ESTA data is used for purposes of                     Information Act (FOIA) Officer, whose
                                                                                                           processing his or her application for                 contact information can be found at
                                                    DHS/CBP stores records in this                                                                               http://www.dhs.gov/foia under ‘‘FOIA
                                                  system electronically or on paper in                     admission to the United States, the
                                                                                                           ESTA data will be used to create a                    Contact Information.’’ If an individual
                                                  secure facilities in a locked drawer                                                                           believes more than one component
                                                  behind a locked door. The records may                    corresponding admission record in the
                                                                                                           DHS/CBP–016 Non-Immigrant                             maintains Privacy Act records
                                                  be stored on magnetic disc, tape, and                                                                          concerning him or her, the individual
                                                  digital media.                                           Information System (NIIS). This
                                                                                                           corresponding admission record will be                may submit the request to the Chief
                                                  RETRIEVABILITY:                                          retained in accordance with the NIIS                  Privacy Officer and Chief Freedom of
                                                    DHS/CBP may retrieve records by any                    retention schedule, which is 75 years.                Information Act Officer, Department of
                                                  of the data elements supplied by the                                                                           Homeland Security, 245 Murray Drive
                                                                                                           SYSTEM MANAGER AND ADDRESS:                           SW., Building 410, STOP–0655,
                                                  applicant.
                                                                                                             Director, Office of Automated                       Washington, DC 20528.
                                                  SAFEGUARDS:                                              Systems, U.S. Customs and Border                         When seeking records about yourself
                                                     DHS/CBP safeguards records in this                    Protection, 1300 Pennsylvania Avenue                  from this system of records or any other
                                                  system according to applicable rules                     NW., Washington, DC 20229.                            Departmental system of records, your
                                                  and policies, including all applicable                                                                         request must conform with the Privacy
                                                                                                           NOTIFICATION PROCEDURE:
                                                  DHS automated systems security and                                                                             Act regulations set forth in 6 CFR part
                                                  access policies. DHS/CBP has imposed                        Applicants may access their ESTA                   5. You must first verify your identity,
                                                  strict controls to minimize the risk of                  information to view and amend their                   meaning that you must provide your full
                                                  compromising the information that is                     applications by providing their ESTA                  name, current address, and date and
                                                  being stored. Access to the computer                     number, birth date, and passport                      place of birth. You must sign your
                                                  system containing the records in this                    number. Once they have provided their                 request, and your signature must either
                                                  system is limited to those individuals                   ESTA number, birth date, and passport                 be notarized or submitted under 28
                                                  who have a need to know the                              number, applicants may view their                     U.S.C. 1746, a law that permits
                                                  information for the performance of their                 ESTA status (authorized to travel, not                statements to be made under penalty of
                                                  official duties and who have appropriate                 authorized to travel, pending) and                    perjury as a substitute for notarization.
                                                  clearances or permissions.                               submit limited updates to their travel                While no specific form is required, you
                                                                                                           itinerary information. If an applicant                may obtain forms for this purpose from
                                                  RETENTION AND DISPOSAL:                                  does not know his or her application                  the Chief Privacy Officer and Chief
                                                     Application information submitted to                  number, he or she can provide his or her              FOIA Officer, http://www.dhs.gov/foia
                                                  ESTA generally expires and is deemed                     name, passport number, date of birth,                 or 1–866–431–0486. In addition,
                                                  ‘‘inactive’’ two years after the initial                 and passport issuing country to retrieve              individuals should:
                                                  submission of information by the                         his or her application number.                           • Explain why you believe the
                                                  applicant. In the event that a traveler’s                   In addition, ESTA applicants and                   Department would have information on
                                                  passport remains valid for less than two                 other individuals whose information is                you;
                                                  years from the date of the ESTA                          included on ESTA applications may                        • Identify which component(s) of the
                                                  approval, the ESTA travel authorization                  submit requests and receive information               Department you believe may have the
                                                  will expire concurrently with the                        maintained in this system as it relates to            information about you;
                                                  passport. Information in ESTA will be                    data submitted by or on behalf of a                      • Specify when you believe the
                                                  retained for one year after the ESTA                     person who travels to the United States               records would have been created; and
                                                                                                                                                                    • Provide any other information that
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                                                  travel authorization expires. After this                 and crosses the border, as well as, for
                                                  period, the inactive account information                 ESTA applicants, the resulting                        will help the FOIA staff determine
                                                  will be purged from online access and                    determination (authorized to travel,                  which DHS component agency may
                                                  archived for 12 years. Data linked at any                pending, or not authorized to travel).                have responsive records.
                                                  time during the 15-year retention period                 However, the Secretary of Homeland                       If your request is seeking records
                                                  (generally 3 years active, 12 years                      Security has exempted portions of this                pertaining to another living individual,
                                                  archived), to active law enforcement                     system from certain provisions of the                 you must include a statement from that
                                                  lookout records, will be matched by                      Privacy Act related to providing the                  individual certifying his or her


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                                                                              Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                                  8985

                                                  agreement for you to access his or her                  ACTION: Committee management; notice                  register in advance by no later than
                                                  records.                                                of Federal Advisory Committee Meeting.                Wednesday, March 9, 2016, at 5:00 p.m.
                                                    Without the above information, the                                                                          by emailing NSTAC at NSTAC@
                                                  component(s) may not be able to                         SUMMARY:    The President’s National
                                                                                                                                                                hq.dhs.gov. Speakers are requested to
                                                  conduct an effective search, and your                   Security Telecommunications Advisory
                                                                                                                                                                limit their comments to three minutes
                                                  request may be denied due to lack of                    Committee (NSTAC) will meet via
                                                                                                                                                                and will speak in order of registration.
                                                  specificity or lack of compliance with                  teleconference on Thursday, March 10,
                                                                                                          2016. The meeting will be open to the                 Please note that the public comment
                                                  applicable regulations.                                                                                       period may end before the time
                                                                                                          public.
                                                  RECORD ACCESS PROCEDURES:                                                                                     indicated, following the last request for
                                                                                                          DATES: The NSTAC will meet on
                                                     See ‘‘Notification procedure’’ above.                Thursday, March 10, 2016, from 2:00                   comments.
                                                  CONTESTING RECORD PROCEDURES:                           p.m. to 3:00 p.m. Please note that the                FOR FURTHER INFORMATION CONTACT:              Ms.
                                                     See ‘‘Notification procedure’’ above.                meeting may close early if the                        Helen Jackson, NSTAC Designated
                                                                                                          committee has completed its business.                 Federal Officer, Department of
                                                  RECORD SOURCE CATEGORIES:                               ADDRESSES: The meeting will be held                   Homeland Security, (703) 235–5321
                                                    DHS/CBP obtains records from                          via conference call. For access to the                (telephone).
                                                  information submitted by travelers via                  conference call bridge, information on
                                                  the online ESTA application at https://                 services for individuals with                         SUPPLEMENTARY INFORMATION:     Notice of
                                                  esta.cbp.dhs.gov/esta/.                                 disabilities, or to request special                   this meeting is given under the Federal
                                                  EXEMPTIONS CLAIMED FOR THE SYSTEM:
                                                                                                          assistance to attend, please email                    Advisory Committee Act (FACA), 5
                                                                                                          NSTAC@hq.dhs.gov by 5:00 p.m. on                      U.S.C. Appendix. The NSTAC advises
                                                     No exemption shall be asserted with
                                                                                                          Wednesday, March 9, 2016.                             the President on matters related to
                                                  respect to information maintained in the                   To facilitate public participation, we
                                                  system as it relates to data submitted by                                                                     national security and emergency
                                                                                                          are inviting public comment on the                    preparedness (NS/EP)
                                                  or on behalf of a person who travels to                 issues to be considered by the
                                                  visit the United States and crosses the                                                                       telecommunications policy.
                                                                                                          committee as listed in the
                                                  border, nor shall an exemption be                                                                                Agenda: The NSTAC will hold a
                                                                                                          SUPPLEMENTARY INFORMATION section
                                                  asserted with respect to the resulting                                                                        conference call on March 10, 2016, to
                                                                                                          below. Associated briefing materials to
                                                  determination (authorized to travel,                                                                          discuss issues and challenges related to
                                                                                                          be discussed at the meeting will be
                                                  pending, or not authorized to travel).                                                                        NS/EP communications, which will
                                                                                                          available at www.dhs.gov/nstac for
                                                  Information in the system may be                                                                              comprise of discussions with high-level
                                                                                                          review as of Friday, March 4, 2016.
                                                  shared with law enforcement and/or                                                                            government stakeholders and a review
                                                                                                          Comments may be submitted at any
                                                  intelligence agencies pursuant to the                                                                         of on-going NSTAC work, including an
                                                                                                          time and must be identified by docket
                                                  above routine uses. The Privacy Act                                                                           update on the Big Data Analytics
                                                                                                          number DHS–2015–0083.
                                                  requires DHS to maintain an accounting                                                                        Subcommittee. NSTAC members will
                                                                                                             Comments may be submitted by one
                                                  of the disclosures made pursuant to all
                                                                                                          of the following methods:                             also discuss their examination on
                                                  routines uses. Disclosing the fact that a                  • Federal eRulemaking Portal: http://              emergent technologies. In November
                                                  law enforcement or intelligence agency                  www.regulations.gov. Follow the
                                                  has sought and been provided particular                                                                       2015, the Executive Office of the
                                                                                                          instructions for submitting written                   President requested that the NSTAC
                                                  records may affect ongoing law                          comments.
                                                  enforcement activities. As such,                                                                              examine how emerging information and
                                                                                                             • Email: NSTAC@hq.dhs.gov. Include                 communications technologies might
                                                  pursuant to 5 U.S.C. 552a(j)(2), DHS will               the docket number DHS–2015–0083 in
                                                  claim exemption from Sections (c)(3),                                                                         affect the government’s NS/EP missions
                                                                                                          the subject line of the email message.                and capabilities over the next zero-,
                                                  (e)(8), and (g) of the Privacy Act of 1974,                • Fax: 703–235–5961, Attn: Helen
                                                  as amended, as is necessary and                         Jackson.                                              three-, five-, and seven-year periods.
                                                  appropriate to protect this information.                   • Mail: Designated Federal Officer,                Following the discussion, members will
                                                  Further, DHS will claim exemption from                  Stakeholder Engagement and Critical                   deliberate and vote on the Letter to the
                                                  sec. (c)(3) of the Privacy Act of 1974, as              Infrastructure Resilience Division,                   President: Emerging Technologies
                                                  amended, pursuant to 5 U.S.C.                           National Protection and Programs                      Strategic Vision.
                                                  552a(k)(2) as is necessary and                          Directorate, Department of Homeland                     Dated: February 16, 2016.
                                                  appropriate to protect this information.                Security, 245 Murray Lane, Mail Stop                  Helen Jackson,
                                                    Dated: February 17, 2016                              0604, Arlington, VA 20598–0604.
                                                                                                             Instructions: All submissions received             Designated Federal Officer for the NSTAC,
                                                  Karen L. Neuman                                                                                               Department of Homeland Security.
                                                  Chief Privacy Officer, Department of                    must include the words ‘‘Department of
                                                                                                                                                                [FR Doc. 2016–03657 Filed 2–22–16; 8:45 am]
                                                  Homeland Security.                                      Homeland Security’’ and the docket
                                                  [FR Doc. 2016–03867 Filed 2–22–16; 8:45 am]             number for this action. Comments                      BILLING CODE 9110–9P–P

                                                  BILLING CODE 9111–14–P
                                                                                                          received will be posted without
                                                                                                          alteration at www.regulations.gov,
                                                                                                          including any personal information
                                                  DEPARTMENT OF HOMELAND                                  provided.
                                                  SECURITY                                                   Docket: For access to the docket and
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                                                                                                          comments received by the NSTAC, go to
                                                  [Docket No. DHS–2015–0083]                              www.regulations.gov and enter docket
                                                  The President’s National Security                       number DHS–2015–0083.
                                                                                                             A public comment period will be held
                                                  Telecommunications Advisory
                                                                                                          during the conference call on Thursday,
                                                  Committee
                                                                                                          March 10, 2016, from 2:30 p.m. to 2:40
                                                  AGENCY:  Department of Homeland                         p.m. Speakers who wish to participate
                                                  Security.                                               in the public comment period must


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Document Created: 2018-02-02 14:33:43
Document Modified: 2018-02-02 14:33:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Privacy Act System of Records.
DatesThis updated system will be effective upon the public display of this notice. Although this system is effective upon publication, DHS will accept and consider comments from the public and evaluate the need for any revisions to this notice.
ContactFor general questions, please contact: John Connors, (202) 344-1610, CBP Privacy Officer, 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 20528-0655.
FR Citation81 FR 8979 

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