Office of the Secretary November 4, 2014 – Federal Register Recent Federal Regulation Documents

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the Department of Homeland Security (DHS) proposes to update a current DHS system of records titled, ``Department of Homeland Security/U.S. Customs and Border ProtectionDHS/CBP-009 Electronic System for Travel Authorization (ESTA) System of Records.'' This system of records allows the U.S. Customs and Border Protection (CBP) at DHS 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 name is provided to DHS as part of a nonimmigrant alien's ESTA application. The system is used to determine whether the applicant is eligible to travel to and enter the United States under the Visa Waiver Program by vetting the ESTA application information against selected security and law enforcement databases at DHS, including but not limited to the use of CBP's 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 Visa Waiver Program. 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. As part of the Department's ongoing effort to promote transparency regarding its collection of information, DHS/CBP is updating: (1) The categories of individuals covered by the system, and (2) categories of records in the system to include revised eligibility questions and additional data elements collected on the ESTA application. DHS 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. Furthermore, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This updated system will be included in DHS's inventory of systems of records, located on the DHS Web site at https://www.dhs.gov/system- records-notices-sorns.