Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-022 Electronic Visa Update System (EVUS) System of Records, 85105-85106 [2016-28288]
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85105
Rules and Regulations
Federal Register
Vol. 81, No. 227
Friday, November 25, 2016
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2016–0085]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security (DHS)/U.S. Customs and
Border Protection (CBP)–022
Electronic Visa Update System (EVUS)
System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Final rule.
AGENCY:
The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
newly established system of records
titled, ‘‘Department of Homeland
Security U.S. Customs and Border
Protection (DHS/CBP)–022 Electronic
Visa Update System (EVUS) System of
Records’’ from certain provisions of the
Privacy Act. Specifically, the
Department exempts portions of the
‘‘Department of Homeland Security
(DHS)/U.S. Customs and Border
Protection (CBP)–022 Electronic Visa
Update System (EVUS) System of
Records’’ from one or more provisions
of the Privacy Act because of criminal,
civil, and administrative enforcement
requirements.
SUMMARY:
This final rule is effective
November 25, 2016.
DATES:
For
general questions please contact: Debra
L. Danisek (202–344–1610), CBP Privacy
Officer, Privacy and Diversity Office,
1300 Pennsylvania Ave. NW.,
Washington, DC 20229. For privacy
issues please contact: Jonathan R.
Cantor (202–343–1717), Acting Chief
Privacy Officer, Privacy Office,
ehiers on DSK5VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
14:00 Nov 23, 2016
Jkt 241001
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland
Security (DHS) U.S. Customs and
Border Protection (CBP) published a
notice of proposed rulemaking in the
Federal Register (81 FR 60297,
September 1, 2016) proposing to exempt
portions of the system of records from
one or more provisions of the Privacy
Act because of criminal, civil, and
administrative enforcement
requirements. DHS issued the ‘‘DHS/
CBP–022 Electronic Visa Update System
(EVUS) System of Records’’ in the
Federal Register at 81 FR 60371 on
September 1, 2016, to provide notice to
the public that DHS/CBP will collect
and maintain records on nonimmigrant
aliens who hold a passport that was
issued by an identified country
approved for inclusion in the EVUS
program and have been issued a U.S.
nonimmigrant visa of a designated
category seeking to travel to the United
States. The system of records will also
cover records of other persons,
including U.S. citizens and lawful
permanent residents, whose names are
provided to DHS as part of a
nonimmigrant alien’s EVUS enrollment.
Requiring aliens holding passports of
identified countries containing U.S.
nonimmigrant visas of a designated
category with multiple year validity will
allow DHS/CBP to collect updated
information. The system is used to
ensure a visa holder’s information
remains current. The information is also
used to separately determine whether
any admissibility issues may need to be
addressed outside the EVUS enrollment
process by vetting the information
against selected security and law
enforcement databases at DHS,
including the use of CBP’s TECS (not an
acronym) (DHS/CBP–011 U.S. Customs
and Border Protection TECS, December
19, 2008, 73 FR 77778) and the
Automated Targeting System (ATS)
(DHS/CBP–006 Automated Targeting
System, May 22, 2012, 77 FR 30297).
DHS/CBP invited comments on both
the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice
(SORN).
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
II. Public Comments
DHS received no comments on the
NPRM and one positive comment on the
SORN for the DHS/CBP–022 EVUS
System of Records. After consideration
of the public comment, DHS will
implement the rulemaking as proposed.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the
preamble, DHS amends chapter I of title
6, Code of Federal Regulations, as
follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for part 5
continues to read as follows:
■
Authority: Public Law 107–296, 116 Stat.
2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. Amend appendix C to part 5 by
adding paragraph 74 to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
74. The DHS/CBP–022 Electronic Visa
Update System (EVUS) System of Records
consists of electronic and paper records and
will be used by DHS and its components.
EVUS is a repository of information held by
DHS/CBP in connection with its several and
varied missions and functions, including, but
not limited to the enforcement of civil and
criminal laws; investigations, inquiries, and
proceedings there under; and national
security and intelligence activities. EVUS
contains information that is collected by, on
behalf of, in support of, or in cooperation
with DHS and its components and may
contain personally identifiable information
collected by other federal, state, local, tribal,
foreign, or international government
agencies. The Secretary of Homeland
Security, pursuant to 5 U.S.C. 552a(j)(2), has
exempted this system from the following
provisions of the Privacy Act: 5 U.S.C.
552a(c)(3), (e)(8), and (g). Additionally, the
Secretary of Homeland Security, pursuant to
5 U.S.C. 552a(k)(2) has exempted this system
from the following provisions of the Privacy
Act: 5 U.S.C. 552a(c)(3). Exemptions from
these particular subsections are justified, on
a case-by-case basis to be determined at the
time a request is made, for the following
reasons:
(a) From subsection (c)(3) (Accounting for
Disclosures) because release of the
accounting of disclosures could alert the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of that investigation
E:\FR\FM\25NOR1.SGM
25NOR1
85106
Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process.
(b) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’s ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal and could result in disclosure of
investigative techniques, procedures, and
evidence.
(c) From subsection (g) (Civil Remedies) to
the extent that the system is exempt from
other specific subsections of the Privacy Act.
Dated: November 17, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–28288 Filed 11–23–16; 8:45 am]
BILLING CODE 9111–14–P
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2016–0087]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/U.S. Immigration and
Customs Enforcement–015 LeadTrac
System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Final rule.
AGENCY:
The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
newly established system of records
titled, ‘‘Department of Homeland
Security (DHS)/U.S. Immigration and
Customs Enforcement (ICE)–015
LeadTrac System of Records’’ from
certain provisions of the Privacy Act.
Specifically, the Department exempts
portions of the ‘‘DHS/ICE–015 LeadTrac
System of Records’’ from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements.
DATES: This final rule is effective
November 25, 2016.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Amber Smith, Privacy Officer, (202–
732–3300), U.S. Immigration and
ehiers on DSK5VPTVN1PROD with RULES
VerDate Sep<11>2014
14:00 Nov 23, 2016
Jkt 241001
Background
DHS/ICE published a notice of
proposed rulemaking in the Federal
Register, 81 FR 153, August 9, 2016,
proposing to exempt portions of the
system of records from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements. The system
of records is the DHS/ICE–015 LeadTrac
System of Records. The DHS/ICE–015
LeadTrac System of Records Notice was
published concurrently in the Federal
Register, 81 FR 153, August 9, 2016, and
comments were invited on both the
Notice of Proposed Rulemaking (NPRM)
and System of Records Notice (SORN).
Public Comments
DHS received no comments on the
NPRM and no comments on the SORN.
Because DHS received no public
comments, the Department will
implement the rulemaking as proposed.
DEPARTMENT OF HOMELAND
SECURITY
SUMMARY:
Customs Enforcement, 500 12th Street
SW., Mail Stop 5004, Washington, DC
20536, email: ICEPrivacy@ice.dhs.gov.
For privacy issues, please contact:
Jonathan R. Cantor (202–1717), Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the
preamble, DHS proposes to amend
chapter I of title 6, Code of Federal
Regulations, as follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for part 5
continues to read as follows:
■
Authority: Pub. L. 107–296, 116 Stat.
2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. Add paragraph 75 to appendix C to
part 5 to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
75. The DHS/ICE–015 LeadTrac System of
Records consists of electronic and paper
records and will be used by ICE investigative
and homeland security personnel. The DHS/
ICE–015 LeadTrac System of Records is a
repository of information held by ICE for
analytical and investigative purposes. The
system is used to conduct research
supporting the production of law
enforcement activities; provide lead
information for investigative inquiry and
follow-up; assist in the conduct of ICE
criminal and administrative investigations;
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
assist in the disruption of terrorist or other
criminal activity; and discover previously
unknown connections among existing ICE
investigations. The DHS/ICE–015 LeadTrac
System of Records contains aggregated data
from ICE and DHS law enforcement and
homeland security IT systems, as well as data
uploaded by ICE personnel for analysis from
various public, private, and commercial
sources during the course of an investigation
or analytical project. The Secretary of
Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the
following provisions of the Privacy Act: 5
U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5),
(e)(8); (f); and (g). Additionally, the Secretary
of Homeland Security, pursuant to 5 U.S.C.
552a(k)(2), has exempted this system from
the following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). When a record
received from another system has been
exempted in that source system under 5
U.S.C. 552a(j)(2) or (k)(2), DHS will claim the
same exemptions for those records that are
claimed for the original primary systems of
records from which they originated and
claims any additional exemptions set forth
here.
Exemptions from these particular
subsections are justified, on a case-by-case
basis to be determined at the time a request
is made, for the following reasons:
(a) From subsection (c)(3) and (4)
(Accounting for Disclosures) because release
of the accounting of disclosures could alert
the subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of that investigation
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process. Disclosure of
corrections or notations of dispute may
impede investigations by requiring DHS to
inform each witness or individual contacted
during the investigation of each correction or
notation pertaining to information provided
them during the investigation.
(b) From subsection (d) (Access to Records)
because access to the records contained in
this system of records could inform the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of that investigation
and reveal investigative interest on the part
of DHS or another agency. Access to the
records could permit the individual who is
the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension. Amendment of the records
could interfere with ongoing investigations
and law enforcement activities and would
impose an unreasonable administrative
burden by requiring investigations to be
continually reinvestigated. In addition,
E:\FR\FM\25NOR1.SGM
25NOR1
]]>Agencies
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Rules and Regulations]
[Pages 85105-85106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28288]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 /
Rules and Regulations
[[Page 85105]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2016-0085]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-022
Electronic Visa Update System (EVUS) System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is issuing a final rule to
amend its regulations to exempt portions of a newly established system
of records titled, ``Department of Homeland Security U.S. Customs and
Border Protection (DHS/CBP)-022 Electronic Visa Update System (EVUS)
System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of the ``Department of
Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-022
Electronic Visa Update System (EVUS) System of Records'' from one or
more provisions of the Privacy Act because of criminal, civil, and
administrative enforcement requirements.
DATES: This final rule is effective November 25, 2016.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Debra L. Danisek (202-344-1610), CBP Privacy Officer, Privacy and
Diversity Office, 1300 Pennsylvania Ave. NW., Washington, DC 20229. For
privacy issues please contact: Jonathan R. Cantor (202-343-1717),
Acting Chief Privacy Officer, Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland Security (DHS) U.S. Customs and Border
Protection (CBP) published a notice of proposed rulemaking in the
Federal Register (81 FR 60297, September 1, 2016) proposing to exempt
portions of the system of records from one or more provisions of the
Privacy Act because of criminal, civil, and administrative enforcement
requirements. DHS issued the ``DHS/CBP-022 Electronic Visa Update
System (EVUS) System of Records'' in the Federal Register at 81 FR
60371 on September 1, 2016, to provide notice to the public that DHS/
CBP will collect and maintain records on nonimmigrant aliens who hold a
passport that was issued by an identified country approved for
inclusion in the EVUS program and have been issued a U.S. nonimmigrant
visa of a designated category seeking to travel to the United States.
The system of records will also cover records of other persons,
including U.S. citizens and lawful permanent residents, whose names are
provided to DHS as part of a nonimmigrant alien's EVUS enrollment.
Requiring aliens holding passports of identified countries containing
U.S. nonimmigrant visas of a designated category with multiple year
validity will allow DHS/CBP to collect updated information. The system
is used to ensure a visa holder's information remains current. The
information is also used to separately determine whether any
admissibility issues may need to be addressed outside the EVUS
enrollment process by vetting the information against selected security
and law enforcement databases at DHS, including the use of CBP's TECS
(not an acronym) (DHS/CBP-011 U.S. Customs and Border Protection TECS,
December 19, 2008, 73 FR 77778) and the Automated Targeting System
(ATS) (DHS/CBP-006 Automated Targeting System, May 22, 2012, 77 FR
30297).
DHS/CBP invited comments on both the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice (SORN).
II. Public Comments
DHS received no comments on the NPRM and one positive comment on
the SORN for the DHS/CBP-022 EVUS System of Records. After
consideration of the public comment, DHS will implement the rulemaking
as proposed.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS amends chapter I of
title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. The authority citation for part 5 continues to read as follows:
Authority: Public Law 107-296, 116 Stat. 2135; (6 U.S.C. 101 et
seq.); 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
0
2. Amend appendix C to part 5 by adding paragraph 74 to read as
follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
74. The DHS/CBP-022 Electronic Visa Update System (EVUS) System
of Records consists of electronic and paper records and will be used
by DHS and its components. EVUS is a repository of information held
by DHS/CBP in connection with its several and varied missions and
functions, including, but not limited to the enforcement of civil
and criminal laws; investigations, inquiries, and proceedings there
under; and national security and intelligence activities. EVUS
contains information that is collected by, on behalf of, in support
of, or in cooperation with DHS and its components and may contain
personally identifiable information collected by other federal,
state, local, tribal, foreign, or international government agencies.
The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2),
has exempted this system from the following provisions of the
Privacy Act: 5 U.S.C. 552a(c)(3), (e)(8), and (g). Additionally, the
Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2) has
exempted this system from the following provisions of the Privacy
Act: 5 U.S.C. 552a(c)(3). Exemptions from these particular
subsections are justified, on a case-by-case basis to be determined
at the time a request is made, for the following reasons:
(a) From subsection (c)(3) (Accounting for Disclosures) because
release of the accounting of disclosures could alert the subject of
an investigation of an actual or potential criminal, civil, or
regulatory violation to the existence of that investigation
[[Page 85106]]
and reveal investigative interest on the part of DHS as well as the
recipient agency. Disclosure of the accounting would therefore
present a serious impediment to law enforcement efforts and/or
efforts to preserve national security. Disclosure of the accounting
would also permit the individual who is the subject of a record to
impede the investigation, to tamper with witnesses or evidence, and
to avoid detection or apprehension, which would undermine the entire
investigative process.
(b) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS's ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal and could result in disclosure of
investigative techniques, procedures, and evidence.
(c) From subsection (g) (Civil Remedies) to the extent that the
system is exempt from other specific subsections of the Privacy Act.
Dated: November 17, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-28288 Filed 11-23-16; 8:45 am]
BILLING CODE 9111-14-P
