[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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  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