[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]
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Rules and Regulations
Federal Register
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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.
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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]
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