[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Pages 44642-44647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18552]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2012-0045]


Privacy Act of 1974; Department of Homeland Security U.S. Customs 
and Border Protection-DHS/CBP-009 Electronic System for Travel 
Authorization (ESTA) System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to update and reissue a current DHS 
system of records titled, ``Department of Homeland Security/U.S. 
Customs and Border Protection-DHS/CBP-009 Electronic System for Travel 
Authorization (ESTA) System of Records.'' This system collects and 
maintains a record of nonimmigrant aliens seeking to travel to the 
United States under the Visa Waiver Program. The system is used to 
determine whether the applicant is eligible to travel to the United 
States under the Visa Waiver Program by vetting the application 
information against selected security and law enforcement databases 
using U.S. Customs and Border Protection (CBP) TECS and the Automated 
Targeting System (ATS). In addition, ATS retains a copy of ESTA 
application data to identify potential high-risk ESTA applicants. DHS/
CBP is updating this system of records notice to clarify the categories 
of individuals and remove unnecessary language, add the Internet 
Protocol address associated with the submitted ESTA application as a 
category of records, provide more specific legal authorities, clarify 
the purposes to include the identification of high-risk applicants, 
include an additional routine use for judicial proceedings and update 
and clarify other routine uses, clarify the retention of records in 
ESTA and the Nonimmigrant Information System (DHS/CBP-016--Nonimmigrant 
Information System December 19, 2008 73 FR 77739), update the 
notification procedures to explain the extension of access procedures 
to international travelers, allow limited direct access and amendment 
of ESTA application data, and add the CPB access request address; 
eliminate unnecessary language from the record source categories, and 
clarify which exemptions will be used for which provisions of the 
Privacy Act.

[[Page 44643]]

The Department of Homeland Security issued a Final Rule to exempt this 
system of records from certain provisions of the Privacy Act on August 
31, 2009 (74 Fed. Reg. 45069). These regulations remain in effect. This 
updated system will be included in the DHS inventory of record systems.

DATES: Submit comments on or before August 29, 2012. This revised 
system will be effective August 29, 2012.

ADDRESSES: You may submit comments, identified by docket number DHS-
2012-0045 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    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 received, visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Laurence E. Castelli (202) 325-0280, CBP Privacy Officer, Office of 
International Trade, U.S. Customs and Border Protection, Mint Annex, 
799 Ninth Street NW., Washington, DC 20229. For privacy issues please 
contact: Mary Ellen Callahan (703) 235-0780, Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.

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) proposes to update and reissue an existing DHS system 
of records titled, ``DHS/CBP-009 Electronic System for Travel 
Authorization (ESTA) System of Records.''
    ESTA is a web-based system that DHS/CBP developed in 2008 to 
determine the eligibility of aliens to travel under the Visa Waiver 
Program (VWP) to the United States by air or sea. The authority to 
collect information required in an ESTA application may be found in 
Section 217(h)(3) of the Immigration and Nationality Act (INA), 8 
U.S.C. 1187(h)(3). An eligibility determination under ESTA is made 
prior to a visitor boarding a carrier en route to the United States, 
and is accomplished by vetting the information against selected 
security and law enforcement databases using CBP TECS and the Automated 
Targeting System (ATS) to determine whether such travel poses a law 
enforcement or security risk. In addition, ATS retains a copy of ESTA 
application data to identify potential high-risk ESTA applicants. DHS/
CBP previously issued an updated SORN for ESTA on November 2, 2011 (76 
FR 67751).
    In order to determine whether the applicant is eligible to travel 
to the United States under the VWP, an applicant provides biographic 
and other requested information, as well as payment information, using 
the online application process available at https://esta.cbp.dhs.gov. 
CBP vets applicant information against various security and law 
enforcement databases. Payment information is sent to the Department of 
the Treasury's Pay.gov, and CBP a payment status and tracking number in 
return. CBP is updating the category of records in this system of 
records to now include the Internet Protocol address (IP address) 
associated with the submitted ESTA application. As of the effective 
date of this updated SORN, the IP address will be used as part of the 
DHS/CBP vetting process. A copy of the application data, including the 
IP address, will be sent to the ATS in order to identify possible high 
risk applicants as part of the vetting process.
    DHS/CBP is updating this system of records notice to clarify the 
categories of individuals and remove unnecessary language. DHS/CBP is 
updating the categories of records for this system of records notice to 
permit the collection and use of the IP address associated with an ESTA 
application. DHS/CBP is also providing more specific legal authorities 
to collect ESTA information, and clarifying the purposes to include the 
identification of high-risk applicants.
    The routine uses are being updated to add general language ensuring 
that ``[a]ny disclosure of information must be made consistent with the 
official duties of the person making the disclosure.'' Routine uses A, 
D, E, and J are being reworded to provide greater clarity and make non-
substantive grammatical changes. Routine use C is being updated to 
change ``other federal government agencies'' to ``General Services 
Administration'' to better reflect the statutory authorities and the 
fact that records will be shared with the National Archives and Records 
Administration (NARA) where NARA maintains the records as permanent 
records. Routine uses G, K, and M are being reworded to provide greater 
clarity and remove the now superfluous condition that the ``disclosure 
is appropriate to the proper performance of the official duties of the 
person making the disclosure.'' Finally, a new routine use P is being 
inserted to permit DHS to share this information with 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.
    DHS/CBP is also updating this SORN by clarifying the retention of 
records in ESTA and the Non-Immigrant Information System (NIIS) into 
which ESTA data may be incorporated based on actual travel to the 
United States; updating and clarifying the notification procedures to 
explain the extension of access procedures to international travelers, 
allow limited direct access and amendment of ESTA application data, and 
add the CPB access request address; eliminating unnecessary language 
from the record source categories describing the use of payment 
information between ESTA, Pay.gov, and the CBP Credit and Debit Card 
Data System for payment reconciliation purposes; and clarifying that 
the Department is exempting the system from sections (c)(3), (e)(8), 
and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), and is 
exempting the system from (c)(3) of the Privacy Act pursuant to 5 
U.S.C. 552a(k)(2).
    DHS previously published a Final Rule exempting this system of 
records from certain provisions of the Privacy Act. 74 FR 45069 (Aug. 
31, 2009). That Final Rule remains in effect and applicable to this 
updated system.
    The purpose of this system of records is to determine the 
eligibility of aliens to travel under the VWP to the United States by 
air or sea. DHS/CBP has authority to operate this system under Title IV 
of the Homeland Security Act of 2002, 6 U.S.C. 201, et. seq., and 
Section 217(h)(3) of the Immigration and Nationality Act, 8 U.S.C. 
1187(h)(3).
    Consistent with DHS' information sharing mission, information 
stored in ESTA may be shared with other DHS components, as well as 
appropriate federal, state, local, tribal, territorial, foreign, or 
international government agencies. This sharing will only take place 
after DHS determines that the recipient has a need to know the 
information to carry out functions consistent with the exceptions under

[[Page 44644]]

the Privacy Act of 1974, 5 U.S.C. 552a(b), and the routine uses set 
forth in this system of records notice.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which the federal government 
collects, maintains, uses, and disseminates 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 for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. This system only 
collects information pertaining to persons in nonimmigrant status, that 
is, persons who are not covered by the protections of the Privacy Act 
at the time they provide their information. However, given the 
importance of providing privacy protections to international travelers, 
DHS has decided to administratively apply the privacy protections and 
safeguards outlined in this notice to all international travelers 
subject to ESTA.
    This newly-updated system will be included in the Department of 
Homeland Security's inventory of record systems.
    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 (ESTA)

Security classification:
    Unclassified. The data may be retained on the 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 in the operational system at CBP 
Headquarters in Washington, DC and at CBP 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 foreign 
nationals who seek to enter the United States by air or sea under the 
VWP.

Categories of records in the system:
     Full Name (First, Middle, and Last);
     Date of birth;
     Gender;
     Email address;
     Phone number;
     Travel document type (e.g., passport), number, issuance 
date, expiration date and issuing country;
     Country of Citizenship;
     IP address;
     ESTA application number;
     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 Birth;
     Date of Anticipated Crossing;
     Airline and Flight Number;
     City of Embarkation;
     Address while visiting the United States (Number, Street, 
City, State);
     Whether the individual has a communicable disease, 
physical or mental disorder, or is a drug abuser or addict;
     Whether the individual has been arrested or convicted for 
a moral turpitude crime, drug possession or use, or has been sentenced 
for a period longer than five years;
     Whether the individual has engaged in espionage, sabotage, 
terrorism or Nazi activity between 1933 and 1945;
     Whether the individual is seeking work in the U.S.;
     Whether the individual has been excluded or deported, or 
attempted to obtain a visa or enter U.S. by fraud or misrepresentation;
     Whether the individual has ever detained, retained, or 
withheld custody of a child from a U.S. citizen granted custody of the 
child;
     Whether the individual has ever been denied a U.S. visa or 
entry into the U.S., or had a visa cancelled, and, if so, the location 
and date of that denial or cancellation;
     Whether the individual has ever asserted immunity from 
prosecution;
     Any change of address while in the U.S.

Authority for maintenance of the system:
    Title IV of the Homeland Security Act of 2002, 6 U.S.C. 201 et 
seq.; the INA, 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; and the Travel Promotion Act of 2009, Public Law 
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 the 
United States under the VWP by vetting their information against 
various security and law enforcement databases and identifying high-
risk applicants. This vetting includes consideration of IP address, 
along with the other application data.
    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 Fed. Reg. 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 the operating 
system on the unclassified and classified DHS networks to allow for 
analysis and vetting consistent with the above stated 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). Any disclosure of 
information must be made consistent with the official duties of the 
person making the disclosure. The routine uses are as follows:
    A. To the Department of Justice (DOJ), including the United States 
Attorney Offices, 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 of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or

[[Page 44645]]

    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to a written inquiry from that congressional office made 
pursuant to a Privacy Act waiver from the individual to whom the record 
pertains.
    C. To NARA or the General Services Administration pursuant to 
records management inspections being conducted under the authority of 
44 U.S.C. 2904 and 2906 and for records that NARA maintains as 
permanent records.
    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 harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individuals 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, where 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.
    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;
    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 with the operations of a DHS 
component 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 where 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, where 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, 
but only to the extent that CBP provides information that the ESTA 
status is not applicable to the traveler, or, if applicable, that the 
individual is authorized to travel, not authorized to travel, pending, 
or has not applied.
    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, or 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 interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined 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:
    Records in this system are stored electronically in the operational 
system as well as on the unclassified and classified network or on 
paper in secure facilities in a locked drawer behind a locked door. The 
records are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    These records may be retrieved by any of the data elements supplied 
by the applicant. The Pay.gov payment tracking number may be used to 
track the amount of payment associated with an ESTA application and to 
reconcile payment discrepancies.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information stored. Access to 
the computer system containing the records 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.

[[Page 44646]]

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, CBP matches 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 
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 CBP's financial processing system, CDCDS, 
pursuant to the DHS/CBP-018, CDCDS system of records notice.
    In those instances where a VWP traveler's ESTA data is used for 
purposes of processing their 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 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 Headquarters, 1300 Pennsylvania Avenue NW., Washington, DC 
20229.

Notification procedure:
    This system only collects information pertaining to persons in 
nonimmigrant status, that is, persons who are not covered by the 
protections of the Privacy Act at the time they provide their 
information. However, given the importance of providing privacy 
protections to international travelers, DHS has decided to 
administratively apply the privacy protections and safeguards outlined 
in this notice to all international travelers subject to ESTA.
    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/her application number, he/she can provide his or her name, 
passport number, date of birth, and passport issuing country to 
retrieve his/her application number.
    In addition to using the ESTA system directly to access information 
provided to DHS/CBP, individuals 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 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. 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, CBP will review not 
only the records in the operational system but 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 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 Headquarters or component FOIA 
Officer, whose contact information can be found at http://www.dhs.gov/foia under ``contacts.'' 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. Requests under the Privacy Act and FOIA specifically for CBP 
should be addressed to: U.S. Customs and Border Protection (CBP), 
Freedom of Information Act (FOIA) Division, 1300 Pennsylvania Avenue 
NW., Washington, DC 20229.
    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. Sec.  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 Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition, you 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;
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
and
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/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:
    The system obtains information from the online ESTA application 
submitted by the applicant. This information is processed by the 
Automated Targeting System (ATS) to identify terrorists or threats to 
aviation and border security, and TECS (for matches to persons 
identified to be of law enforcement interest), and the vetting result 
of ``authorized to travel,'' ``not authorized to travel,'' or 
``pending'' is maintained in ESTA. ``Pending'' will be resolved to 
``authorized to travel'' or ``not authorized to travel'' based on 
further research by CBP. Pay.gov provides the Pay.gov tracking number 
once payment

[[Page 44647]]

information has been forwarded to it and processed.

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 Section (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: July 18, 2012.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2012-18552 Filed 7-27-12; 8:45 am]
BILLING CODE 9110-06-P