Privacy Act of 1974; System of Records, 41648-41653 [2023-13540]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Notices]
[Pages 41648-41653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13540]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. USCBP-2023-0013]


Privacy Act of 1974; System of Records

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to modify and reissue a current DHS 
system of records titled, ``DHS/U.S. Customs and Border Protection 
(CBP)-022 Electronic Visa Update System (EVUS) System of Records.'' 
EVUS is an online enrollment system that enables DHS/CBP to collect 
updated information from certain nonimmigrant visa holders over the 
length of the visa period that would otherwise not be obtained prior to 
travel to the United States. DHS/CBP collects this information to 
determine whether applicants pose a security risk to the United States 
over the duration of the visa. DHS/CBP is updating this system of 
records to expand the category of records included in the system. The 
exemptions for the existing system of records notice will continue to 
be applicable for this updated system of records notice. This modified 
system of records notice will be included in the DHS inventory of 
record systems.

DATES: Submit comments on or before July 27, 2023. This modified system 
will be effective upon publication. 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 USCBP-
2023-0013 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Mason C. Clutter, 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 USCBP-2023-0013. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Debra L. Danisek, (202) 344-1610, [email protected], CBP Privacy 
Officer, Privacy and Diversity Office, 1300 Pennsylvania Avenue NW, 
Washington, DC 20229. For privacy questions, please contact: Mason C. 
Cutter, (202) 343-1717, [email protected], 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, the Department of 
Homeland Security (DHS) proposes to update and reissue a current 
Department of Homeland Security system of records titled, ``DHS/U.S. 
Customs and Border Protection (CBP)-022 Electronic Visa Update System 
(EVUS) System of Records. Upon arrival at a United States port of entry 
(POE), nonimmigrants \1\ are typically required to present a valid 
passport, a travel and identity document issued by the traveler's 
country of citizenship, and valid visa, a document in which an 
individual applies for that is within the passport signifying that the 
United States has given the individual permission to enter the country 
for a specific period. Visa validity periods can vary considerably, and 
some visas are valid for extended periods of up to ten years, and often 
for multiple entries.
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    \1\ The term nonimmigrant refers to foreign nationals who are 
admitted to the United States temporarily for a specific purpose. By 
contrast, the term immigrant refers to foreign nationals who wish to 
come to the United States permanently. For additional information 
about EVUS eligibility, please see 81 FR 72491, October 20, 2016.
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    Frequent travelers to the United States who hold visas with short 
validity periods must reapply more frequently than those who hold visas 
with longer validity periods. While visas with a longer validity period 
provide an opportunity for individuals to travel to the United States 
with greater ease, it does not allow the U.S. Government to receive 
regularly updated biographic and other information from repeat visitors 
who travel to the United States multiple times over the span of the 
visa.\2\ As such, individuals traveling on these visas with longer 
validity periods are screened using information that is not as recent 
as for individuals who must obtain visas more frequently. This

[[Page 41649]]

raises security concerns due to the infrequency in which visa holders 
may be screened or vetted for threats or inadmissibility.
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    \2\ The information updates provided through the visa re-
application process include basic biographical and eligibility 
elements that can change over time (e.g., address, name, employment, 
criminal history).
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    To alleviate this issue, the DHS/CBP developed EVUS, an online 
enrollment system that enables DHS/CBP to collect updated information 
from certain nonimmigrant visa holders prior to travel to the United 
States without requiring the visa holder to apply for a visa on a more 
frequent basis.\3\ Nonimmigrants enroll in EVUS using an online 
application. The online application may be completed by either an 
applicant intending to travel to the United States, or representative 
on behalf of the traveler (e.g., friend, relative, travel industry 
professional). The applicant or representative is asked to provide 
information such as name, date of birth, phone number, email address, 
passport and visa information, information about current or previous 
employer, destination address and point of contact in the United 
States, and emergency point of contact information. The applicant or 
representative also provides responses to eligibility questions 
regarding communicable diseases, arrests and convictions for certain 
crimes, history of visa revocation or deportation, and other questions. 
After the applicant or representative completes all required 
information, the enrollment may be submitted to DHS/CBP.
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    \3\ See Establishment of the Electronic Visa Update System 
(EVUS) Final Rule, 81 FR 72481 (October 20, 2016).
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    Upon receipt, DHS/CBP vets information from the EVUS application 
against select security and law enforcement databases maintained by 
DHS, including TECS and the Automated Targeting System (ATS), and other 
Federal systems. This vetting seeks to identify nonimmigrants who may 
be inadmissible before they depart for the United States, thereby 
increasing national security and public safety and reducing traveler 
delays upon arrival at U.S. ports of entry.
    DHS/CBP processes a vast majority of EVUS enrollments within 
minutes; however, DHS/CBP may take up to 72 hours to approve or deny an 
enrollment. In addition to providing an approval or denial to the 
applicant, DHS/CBP also sends a notification to carriers that the 
individual is enrolled in EVUS and is authorized to board the carrier. 
A successful EVUS enrollment is generally valid for multiple trips over 
a period of two years (starting the date that the individual enrolled) 
or until the individual's passport or visa expires, whichever comes 
first. This means that if an individual's EVUS enrollment is successful 
for travel, they do not have to enroll again during the validity 
period. DHS/CBP continuously vets EVUS enrollment information against 
new derogatory information received from law enforcement and other 
national security databases during the course of the individual's 
enrollment. Therefore, an individual's EVUS status can change at any 
time.
    If an applicant's EVUS enrollment is unsuccessful, DHS/CBP sends a 
notification that the individual intending to travel should not board 
the carrier. Alternatively, if an individual does not enroll in EVUS 
but is required to, DHS/CBP sends a notification to the carrier 
notifying them that no EVUS enrollment was found on file and that the 
carrier is responsible for checking for other valid travel documents 
that an individual may have.
    If a traveler fails to enroll in EVUS when required, their visa 
will automatically be provisionally revoked. With a provisionally 
revoked visa, the traveler is not authorized to travel to the United 
States unless or until they enroll in EVUS and obtains a notification 
of compliance. If a visa is provisionally revoked due to failure to 
enroll in EVUS, the individual may attempt to enroll in EVUS. If 
successful, the provisional revocation will be reversed. In addition, 
non-compliance with EVUS is a basis for commercial carriers to deny 
boarding to an individual seeking to travel to the United States. 
Because non-compliance with EVUS results in automatic provisional 
revocation of the individual's visa, the individual would not have 
valid travel documents upon attempting to board.
    DHS/CBP is publishing this modified system of records notice to 
make changes to the underlying system of records and to enhance 
transparency.
    DHS/CBP is expanding the category of records to include social 
media identifier(s) (e.g., username(s)/handle(s), platform(s) used). 
This change is consistent with the information collected in Department 
of State visa application forms.\4\ Applicants and representatives have 
the option, but are not required, to provide social media information 
and are therefore able to submit the application without including any 
social media information. A decision to forgo responding to the 
optional social media question will not result in denial or an 
``unsuccessful'' or ``revoked visa'' response from EVUS. This 
collection of information assists DHS/CBP in assessing an individual's 
eligibility to travel to or be admitted to the United States. DHS/CBP 
uses the information to search publicly available information on social 
media platforms. The collection of applicants' social media identifiers 
and associated platforms assists DHS/CBP with more timely visibility of 
the publicly available information on the platforms provided by the 
applicant. For example, social media information can provide positive, 
confirmatory information or support a traveler's EVUS application. 
Information found on social media may help distinguish individuals of 
concern from applicants whose information substantiates their 
eligibility for travel. It can also be used to identify potential 
deception, fraud, or previously unidentified national security or law 
enforcement concerns. While DHS/CBP is collecting publicly available 
information about the applicant and their associates, any information 
found as part of the vetting process will not be stored in EVUS. DHS/
CBP retains information collected from publicly available sources, 
which may include social media information, as well as other 
information obtained through the vetting process in other systems of 
record, including TECS and the Automated Targeting System.
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    \4\ In 2019, the Department of State obtained approval from the 
Office of Management and Budget (OMB) through the Paperwork 
Reduction Act (PRA) to collect social media information. The 
collection of social media information was approved under OMB 
Control Number 1405-0182 on April 11, 2019.
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    Consistent with DHS's information sharing mission, information 
stored in the DHS/CBP-022 EVUS 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 with appropriate Federal, State, local, 
Tribal, Territorial, foreign, or international government agencies 
consistent with the routine uses set forth in this System of Records 
notice.
    This modified 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

[[Page 41650]]

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. Additionally, 
the Judicial Redress Act (JRA) provides covered persons with a 
statutory right to make requests for access and amendment to covered 
records, as defined by the Judicial Redress Act, along with judicial 
review for denials of such requests. In addition, the Judicial Redress 
Act prohibits disclosures of covered records, except as otherwise 
permitted by the Privacy Act of 1974.
    Below is the description of the DHS/CBP-022 Electronic Visa Update 
System (EVUS) 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 NAME AND NUMBER:
    Department of Homeland Security (DHS)/U.S. Customs and Border 
Protection (CBP)-022 Electronic Visa Update System (EVUS).

SECURITY CLASSIFICATION:
    Unclassified and classified. The unclassified 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:
    Records are maintained at DHS/CBP Headquarters in Washington, DC, 
and in field offices. Records are replicated from the operational 
system and maintained on the DHS unclassified and classified networks 
to allow for analysis and vetting consistent with the stated uses, 
purposes, and routine uses published in this notice.

SYSTEM MANAGER(S):
    Director, EVUS Program Management Office, [email protected], U.S. 
Customs and Border Protection Headquarters, 1300 Pennsylvania Avenue 
NW, Washington, DC 20229.

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 
secs. 103 (8 U.S.C. 1103), 214 (8 U.S.C. 1184), 215 (8 U.S.C. 1185), 
and 221 (8 U.S.C. 1201) of the Immigration and Nationality Act (INA), 
and 8 CFR part 2 and 8 CFR part 215; and the Travel Promotion Act of 
2009, Pub. L. 111-145, 22 U.S.C. 2131.

PURPOSE(S) OF THE SYSTEM:
    EVUS provides a mechanism through which DHS/CBP may obtain 
information updates from nonimmigrants who hold a passport issued by an 
identified country containing a U.S. nonimmigrant visa of a designated 
category. EVUS provides for greater efficiencies in the vetting of 
certain nonimmigrants by allowing DHS/CBP to identify subjects of 
potential interest before they depart for the United States, thereby 
increasing security and reducing traveler delays upon arrival at U.S. 
ports of entry. EVUS aids DHS/CBP in facilitating legitimate travel 
while also ensuring public safety and national security.
    When DHS/CBP imposes a fee for EVUS enrollment, the tracking number 
associated with the payment information provided to Pay.gov will be 
stored in the Credit/Debit Card Data System (CDCDS). CDCDS is covered 
by DHS/CBP-003 Credit/Debit Card Data System (CDCDS), 76 FR 67755, 
November 2, 2011, and is used to process EVUS and third-party 
administrator fees and to reconcile issues regarding payment between 
EVUS, CDCDS, and Pay.gov. Payment information will not be used for 
vetting purposes and is stored separately from the EVUS enrollment 
data.
    DHS maintains a replica of some or all of the data in EVUS on the 
unclassified and classified DHS networks to allow for analysis and 
vetting consistent with the above stated uses, purposes, and this 
published notice.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include: (1) 
nonimmigrants who hold a passport issued by an identified country 
containing a U.S. nonimmigrant visa of a designated category; and (2) 
persons, including U.S. citizens and lawful permanent residents, whose 
information is provided by the applicant in response to EVUS enrollment 
questions.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Individuals who hold a passport issued by an identified country 
containing a U.S. nonimmigrant visa of a designated category to obtain 
the required travel authorization by electronically submitting an 
enrollment consisting of biographic and other data elements via the 
EVUS website. The categories of records in EVUS include:
    [cir] Full name (first, middle, and last);
    [cir] Other names or aliases, if available;
    [cir] Date of birth;
    [cir] City and country of birth;
    [cir] Gender;
    [cir] Email address;
    [cir] Social media identifiers, such as usernames(s) and 
platform(s) used, if voluntarily provided;
    [cir] Telephone number (home, mobile, work, other);
    [cir] Home address (address, apartment number, city, State/region);
    o internet protocol (IP) address from which the EVUS application 
was submitted; \5\
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    \5\ EVUS collects the IP address to assist CBP in determining 
which applicants are eligible to enroll in EVUS. The IP address will 
be used with the other EVUS application information for vetting, 
targeting, and law enforcement purposes in ATS. CBP uses the same 
security and control measures to protect the IP address as it uses 
for the rest of the application data.
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    [cir] EVUS enrollment number;
    [cir] Global Entry Program Number;
    [cir] Country of residence;
    [cir] Passport number;
    [cir] Passport issuing country;
    [cir] Passport issuance date;
    [cir] Passport expiration date;
    [cir] Department of Treasury Pay.gov payment tracking number (i.e., 
confirmation of payment; absence of payment confirmation will result in 
a ``not cleared'' determination);
    [cir] Country of citizenship;
    [cir] Other citizenship (country, passport number);
    [cir] National identification number, if available;
    [cir] Address while visiting the United States (number, street, 
city, State);
    [cir] Emergency point of contact information (name, telephone 
number, email address);
    [cir] U.S. point of contact (name, address, telephone number);
    [cir] Parents' names;
    [cir] Current job title;
    [cir] Current or previous employer name;
    [cir] Current or previous employer street address; and
    [cir] Current or previous employer telephone number.
    The categories of records in EVUS also include responses to the 
following questions:
    [cir] History of mental or physical disorders, drug abuse or 
addiction,\6\ and

[[Page 41651]]

current communicable diseases, fevers, and respiratory illnesses;
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    \6\ Immigration and Nationality Act (INA) 212(a)(1)(A). Pursuant 
to INA 212(a), individuals 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 individual or others, or 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 individual 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.
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    [cir] Past arrests, criminal convictions, or illegal drug 
violations;
    [cir] Previous engagement in terrorist activities, espionage, 
sabotage, or genocide;
    [cir] History of fraud or misrepresentation;
    [cir] Previous unauthorized employment in the United States;
    [cir] Past denial of visa, or refusal or withdrawal of application 
for admission at a U.S. port of entry;
    [cir] Previous overstay of authorized admission period in the 
United States;
    [cir] Travel history and information relating to prior travel to or 
presence in Iraq or Syria, a country designated as a state sponsor of 
terrorism, or another country or area of concern to determine whether 
travel to the United States poses a law enforcement or security risk; 
and,
    [cir] Citizenship and nationality information, with additional 
detail required for nationals of certain identified countries of 
concern.

RECORD SOURCE CATEGORIES:
    Records are obtained from applicants and representatives (e.g., 
friend, relative, travel industry professional) through the online EVUS 
enrollment at https://www.cbp.gov/EVUS. The passport and visa 
information provided by the applicant and/or representative is 
originally derived from the U.S. Department of State.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 the U.S. Attorneys 
Offices, or other Federal agency conducting litigation or 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 their official 
capacity;
    3. Any employee or former employee of DHS in their individual 
capacity, only 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 there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the Federal 
Government, or national security; 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 
breach or to prevent, minimize, or remedy such harm.
    F. To another Federal agency or Federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    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, where CBP believes the 
information would assist enforcement of applicable civil or criminal 
laws and such disclosure is proper and consistent with the official 
duties of the person making the disclosure.
    H. 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.
    I. To appropriate Federal, State, local, Tribal, or foreign 
governmental agencies or multilateral governmental organizations, with 
the approval of the Chief Privacy Officer, when DHS is aware of a need 
to use relevant data, that relate to the purpose(s) stated in this 
System of Records notice, for purposes of testing new technology.
    J. 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).
    K. 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.
    L. 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 to a 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.
    M. To a Federal, State, Tribal, local, international, or foreign 
government agency or entity in order to provide relevant information 
related to intelligence or counterterrorism activities authorized by 
U.S. law, Executive Order, or other applicable national security 
directives.
    N. 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.
    O. 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

[[Page 41652]]

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.
    P. 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.
    Q. To the Department of Treasury's Pay.gov, for payment processing 
and payment reconciliation purposes.
    R. 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, or in connection with criminal law proceedings.
    S. To a Federal, State, local agency, Tribal, Territorial, or other 
appropriate entity or individual, through established liaison channels 
to selected foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by U.S. law, Executive Order, or other applicable national 
security directive.
    T. To a Federal, State, local, Tribal, Territorial, or other 
foreign government agency or organization, or international 
organization, lawfully engaged in collecting law enforcement 
intelligence information, whether civil or criminal, or charged with 
investigating, prosecuting, enforcing or implementing civil or criminal 
laws, related rules, regulations or orders, to enable these entities to 
carry out their law enforcement responsibilities, including the 
collection of law enforcement intelligence.
    U. To the Department of Treasury's Office of Foreign Assets Control 
(OFAC) for inclusion on the publicly issued List of Specially 
Designated Nationals and Blocked Persons (SDN List) of individuals and 
entities whose property and interests in property are blocked or 
otherwise affected by one or more OFAC economic sanctions programs, as 
well as information identifying certain property of individuals and 
entities subject to OFAC economic sanctions programs.
    V. 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 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 a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/CBP stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are safeguarded with passwords and encryption and may be stored on 
magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS/CBP may retrieve records by any of the data elements supplied 
by the applicant/representative.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Enrollment information submitted to EVUS is retained for 15 years. 
DHS/CBP ingests EVUS enrollment data into other DHS/CBP systems for 
vetting purposes and is stored in accordance with the other systems' 
respective retention periods. For example, EVUS is ingested into the 
Automated Targeting System and is retained for 15 years and is also 
ingested into TECS where it is retained for 75 years, consistent with 
those systems' retention schedules. These retention periods are based 
on DHS/CBP's historical encounters with suspected terrorists and other 
criminals, as well as the broader expertise of the law enforcement and 
intelligence communities. Travel records, including historical records, 
are essential in assisting DHS/CBP officers with their risk-based 
assessment of travel indicators and identifying potential links between 
known and previously unidentified terrorist facilitators. Analyzing 
these records for these purposes allows DHS/CBP to continue to 
effectively identify suspect travel patterns and irregularities. If the 
record is linked to active law enforcement lookout records, DHS/CBP 
matches to enforcement activities, and/or investigations or cases 
(i.e., specific and credible threats; flights, travelers, and routes of 
concern; or other defined sets of circumstances), the record will 
remain accessible for the life of the law enforcement matter to support 
that activity and other enforcement activities that may become related.
    Records replicated on the unclassified and classified networks will 
follow the same retention schedule.
    Payment information will not be stored in EVUS but will be 
forwarded to Pay.gov and stored in CBP's financial processing system, 
pursuant to the DHS/CBP-003 Credit/Debit Card Data System of Records 
notice, 76 FR 67755, November 2, 2011. When a traveler's EVUS data is 
used for purposes of processing their application for admission to the 
United States, the EVUS data will be used to create a corresponding 
admission record that is covered in the DHS/CBP-016 Non-Immigrant 
Information System (NIIS) System of Records notice, 80 FR 13398, March 
13, 2015. This corresponding admission record will be retained in 
accordance with the NIIS retention schedule, which is 75 years.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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.

RECORD ACCESS PROCEDURES:
    Applicants may access their EVUS information to view and amend 
their enrollment by providing their EVUS enrollment number and/or name, 
date of birth, and visa/passport number through the EVUS website. EVUS 
applicants have the ability to view their EVUS status (successful 
enrollment, unsuccessful enrollment, pending) and submit limited 
updates to their travel itinerary information.
    In addition, EVUS applicants and other individuals whose 
information is included on EVUS enrollment 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 EVUS applicants, the resulting 
determination (successful enrollment, pending, unsuccessful 
enrollment). However, the Secretary of Homeland Security has exempted 
portions of this system from certain provisions of the Privacy Act of 
1974 related to providing the accounting of disclosures to individuals 
because it is a law enforcement system. DHS/CBP will consider 
individual requests to determine whether information may be released. 
In processing requests for access to information in this system, DHS/
CBP will review not only the records in the operational system but

[[Page 41653]]

also the records that were replicated on the unclassified and 
classified networks and based on this notice provide appropriate access 
to the information.
    Individuals seeking access to and notification of 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 https://www.dhs.gov/foia under ``Contact 
Information.'' If an individual believes more than one component 
maintains Privacy Act records concerning them, the individual may 
submit the request to the Chief Privacy Officer and Chief Freedom of 
Information Act Officer, Department of Homeland Security, Washington, 
DC 20528-0655, or electronically at https://www.dhs.gov/freedom-information-act-foia. Even if neither the Privacy Act nor the Judicial 
Redress Act provide a right of access, certain records about you may be 
available under the Freedom of Information Act.
    When an individual is seeking records about themself from this 
system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify their identity, 
meaning that the individual must provide their full name, current 
address, and date and place of birth. The individual must sign the 
request, and the individual's 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. An 
individual may obtain more information about this process at https://www.dhs.gov/foia or 1-866-431-0486. In addition, the individual should:
     Explain why they believe the Department would have 
information being requested;
     Identify which component(s) of the Department they believe 
may have the information;
     Specify when the individual believes 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 an individual's request is seeking records pertaining to another 
living individual, the first individual must include a statement from 
that individual certifying their agreement for the first individual to 
access their records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    See ``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 6 CFR part 5, appendix C, law enforcement and other 
derogatory information covered in this system is exempt from 5 U.S.C. 
552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G) 
through (I), (e)(5), and (8); (f); and (g) of the Privacy Act pursuant 
to 5 U.S.C. 552a(j)(2). Additionally, the Secretary of Homeland 
Security has exempted this system from the following provisions of the 
Privacy Act, pursuant to 5 U.S.C. 552a (k)(1) and (k)(2): 5 U.S.C. 
552a(c)(3); (d)(1), (d)(2), (d)(3), and (d)(4); (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I); and (f).
    Despite the exemptions taken on this system of records, DHS/CBP is 
not taking any exemption from subsection (d) 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). However, pursuant to 5 U.S.C. 552a(j)(2), DHS/
CBP plans to exempt such information in this system 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. CBP will not disclose the fact 
that a law enforcement or intelligence agency has sought particular 
records because it may affect ongoing law enforcement activities.
    When this system receives a record from another system exempted in 
that source system under 5 U.S.C. 552a(j) or (k), DHS/CBP will claim 
the same exemptions for those records that are claimed for the original 
primary systems of records from which they originated and claim any 
additional exemptions set forth here. For instance, as part of the 
vetting process, this system may incorporate records from DHS/CBP's 
Automated Targeting System, and all exemptions for DHS/CBP's Automated 
Targeting System of Records notice, described and referenced herein, 
carry forward and will be claimed by DHS/CBP.

HISTORY:
    84 FR 30751 (June 27, 2019); 81 FR 60371 (September 1, 2016).
* * * * *

Mason C. Clutter,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2023-13540 Filed 6-26-23; 8:45 am]
BILLING CODE 9111-14-P