[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Notices]
[Pages 30751-30757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13641]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2018-0046]


Privacy Act of 1974; System of Records: DHS/CBP-022 Electronic 
Visa Update System (EVUS)

AGENCY: Department of Homeland Security.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of

[[Page 30752]]

Homeland Security (DHS) proposes to modify and reissue a current DHS 
system of records titled, ``Department of Homeland Security (DHS)/U.S. 
Customs and Border Protection (CBP)-022 Electronic Visa Update System 
(EVUS) System of Records.''

DATES: Submit comments on or before July 29, 2019. This modified system 
will be effective July 29, 2019.

ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0046 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting 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 DHS-2018-0046. 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, go to http://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 Ave. NW, 
Washington, DC 20229. For privacy questions, please contact: Jonathan 
R. Cantor, (202) 343-1717, [email protected], Acting Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    DHS developed the Electronic Visa Update System (EVUS) as a fully 
automated web-based electronic system that enables DHS to collect 
biographic and other information from certain nonimmigrant aliens on a 
periodic basis as determined by the Secretary. Specifically, EVUS 
enables DHS to obtain information from individuals who hold U.S. 
nonimmigrant visas of a designated category in a passport issued by a 
country identified and selected by the Secretary. As part of EVUS, CBP 
will be able to collect periodic updates of biographical and other 
information over the length of the visa period that would otherwise not 
be obtained, which may assist in identifying persons who may pose a 
risk to the United States.
    EVUS does not change the process for obtaining a visa. After 
issuance of a visa, nonimmigrant aliens subject to EVUS requirements 
need to successfully enroll in EVUS online every two years to ensure 
their visa remains valid for travel to the United States. The online 
enrollment is designed as a user-friendly interface that would allow 
other persons to assist the traveler in completing the enrollment. 
Enrollees submit and update biographic information and answer 
eligibility questions using the EVUS website. In most cases, the 
enrollee will obtain a response within seventy-two (72) hours 
indicating whether the enrollment is successful. The EVUS enrollment 
and status must be verified by a carrier prior to the traveler boarding 
an air or sea carrier. Notifications are sent between DHS/CBP and 
carriers when the following events occur:
 A traveler books a travel reservation
 The Airline/Sea Carrier sends Advance Passenger Information to 
DHS
 The Airline/Sea Carrier receives one of the following 
responses:
    [cir] EVUS on file--OK to board carrier
    [cir] No EVUS on file--Check for other valid travel documents
    [cir] EVUS enrollment unsuccessful--Do not allow to travel
    [cir] System Issues--Please resend

    Among other functions, CBP vets the EVUS enrollment information 
against select security and law enforcement databases, including TECS 
and the Automated Targeting System (ATS). The ATS retains a copy of 
EVUS enrollment data to identify EVUS enrollees who may pose a security 
risk to the United States. DHS may also vet EVUS enrollment information 
against security and law enforcement databases at other Federal 
agencies to enhance DHS's ability to determine whether the enrollee 
poses a security risk to the United States. The results of this vetting 
may support DHS's initial assessment of whether the enrollee's travel 
poses a law enforcement or security risk and whether there may be 
issues that may require separate consideration. The individual must 
attempt enrollment and receive a notification of compliance prior to 
boarding a carrier destined to the United States. Furthermore, the EVUS 
system will continuously query/vet enrollment information against new 
derogatory information received from law enforcement and other national 
security databases. An individual's EVUS status can change at any time.
    When a person submits an EVUS enrollment, CBP examines the 
enrollment questionnaire by screening the enrollee's data through ATS 
and TECS. The initial and updated biographic information obtained by 
EVUS is important to identify any concerns regarding future 
admissibility. Failure to successfully enroll in EVUS when required, as 
described above, will result in the automatic provisional revocation of 
the nonimmigrant alien's visa, and the nonimmigrant alien will not be 
authorized to travel to the United States under the provisionally 
revoked visa unless or until the nonimmigrant alien enrolls in EVUS and 
obtains a notification of compliance. If a visa is provisionally 
revoked on the basis of failing to provide or update information to 
EVUS, the person can attempt EVUS enrollment again, and, if successful, 
the provisional revocation of his/her visa would be reversed. In 
addition, non-compliance with EVUS would be 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.
    To perform its mission related to the screening of visa holders for 
potential risks to national security, and due to the constantly 
evolving threat environment, DHS/CBP is updating this SORN, last 
published in the Federal Register on September 1, 2016, to:
    (1) Remove references to specific EVUS application questions and 
data elements. DHS/CBP is updating the EVUS SORN to clarify that it 
covers responses to questions about travel history and eligibility for 
admission to the United States to allow DHS/CBP to evaluate whether a 
covered alien's travel to the United States poses a law enforcement or 
security risk. These questions may include eligibility questions 
regarding, for example: Infection with communicable diseases of public 
health significance, existence of arrests or convictions for certain 
crimes, past history of visa or admission denial, and previous presence 
in countries or areas of concern. DHS/CBP will no longer include the 
specific questions in the EVUS SORN, but will continue to issue updated 
information collection requests pursuant to the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.) and 5 CFR 1320.8 seeking public notice 
and comment, and will amend the EVUS online application, to reflect 
future changes. Enrollment in EVUS does not guarantee admission into 
the United States. DHS/CBP will continue to employ standard entry 
procedures to determine admissibility at U.S. ports of entry.

[[Page 30753]]

    (2) Update the record source categories for additional transparency 
about the full vetting process to clarify that all vetting results and 
other derogatory information collected and maintained by DHS and 
received by other external partner government agencies are retained in 
ATS.
    (3) Expand the previously issued exemptions to clarify that law 
enforcement records and other derogatory information in this system 
derived from CBP's ATS and TECS that is relied upon as a basis for a 
denial of the EVUS enrollment application may be exempt from certain 
provisions of the Privacy Act of 1974 because of criminal, civil, and 
administrative enforcement requirements. Further, other law enforcement 
records and derogatory information not relied upon in DHS/CBP's EVUS 
decision is still held in ATS and TECS, and covered by those DHS/CBP 
SORNs, including any exemptions relied upon by DHS pursuant to those 
SORNs. DHS/CBP uses information from law enforcement and national 
security systems to determine whether an EVUS applicant is eligible for 
travel to the United States. Due to the addition or modification of the 
exemptions, DHS is issuing a Notice of Proposed Rulemaking concurrent 
with this system of records notice to exempt this system of records 
from certain provisions of the Privacy Act of 1974 elsewhere in the 
Federal Register. The previously issued Final Rule to exempt this 
system of records from certain provisions of the Privacy Act of 1974 
(81 FR 85105, November 25, 2016) remains in effect until an updated 
Final Rule is published.
    (4) Add new routine uses and clarifying previously issued routine 
uses to reflect when EVUS information may be disclosed. First, DHS/CBP 
is updating Routine Use ``E'' and adding a new routine use ``F'' to 
comply with Office of Management and Budget Memorandum (OMB) M-17-12 
pertaining to data breach procedures. Due to the inclusion of a new 
routine use ``F,'' previously issued routine use ``F'' has moved to 
routine use ``H.'' Second, DHS/CBP is modifying previously issued 
routine use ``G'' by adding ``or license.'' As part of this routine 
use, while DHS/CBP frequently shares information in connection with 
specific cases, DHS/CBP also shares data (including in bulk) with 
another federal agency to proactively identify law enforcement 
violations consistent with approved information sharing access 
agreements. Third, DHS/CBP is modifying previously issued ``K,'' now 
routine use ``M,'' to clarify that DHS/CBP may share information either 
in bulk or on a case-by-case basis to assist other agencies proactively 
to identify national security and counterterrorism threats for the 
purposes of intelligence, counterintelligence, or counterterrorism 
activities authorized by U.S. law, Executive Order (E.O.), or other 
applicable national security directives. Fourth, DHS/CBP is modifying 
previously issued routine use ``P,'' now routine use ``R,'' to remove 
disclosures ``in response to a subpoena.'' Fifth, DHS/CBP is adding 
routine use ``T'' to clarify that DHS may share information to agencies 
lawfully engaged in collecting law enforcement intelligence information 
in order for them to carry out their law enforcement responsibilities. 
Sixth, DHS/CBP is adding routine use ``V'' to provide further 
transparency of its sharing with the Department of Treasury. Although 
routine use ``G'' currently permits DHS/CBP to share with the 
Department of Treasury's Office of Foreign Assets Control (OFAC) for 
law enforcement purposes, DHS/CBP is adding routine use ``V'' to 
clarify it is sharing records covered by this SORN with the OFAC in 
furtherance of its investigation of a violation or enforcing or 
implementing a statute, rule, regulation, order, or license. OFAC may 
then publicly publish information on the 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. For additional 
information, and procedures for how to access, correct, or amend 
records on the OFAC SDN list, please see Department of Treasury SORN 
``DO.120--Records Related to Office of Foreign Assets Control Economic 
Sanctions--81 FR 78298 (Nov. 7, 2016).''
    Finally, all prior existing routine uses not mentioned above are 
currently contained in this revised SORN, but these routine uses may 
have moved down one or two letters due to the addition of new routine 
uses. Additionally, this notice includes non-substantive changes to 
simplify the formatting and text of the previously published notice.
    The bulk of information stored in this system pertains to 
nonimmigrant aliens who: (1) Hold a passport that was issued by an 
identified country approved for inclusion in the EVUS program by the 
Secretary, and (2) have been issued a U.S. nonimmigrant visa of a 
designated category seeking to travel to the United States. Records 
pertaining to nonimmigrant aliens described in this SORN are not 
covered by the Privacy Act, and thus, such notice does not confer any 
legal rights under the Privacy Act to such persons. However, DHS is 
publishing this SORN to describe all records maintained by DHS/CBP for 
transparency purposes.
    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 stored in EVUS with appropriate Federal, 
state, local, tribal, territorial, foreign, or international government 
agencies consistent with the routine uses set forth in this SORN. 
Additionally, for ongoing, systematic sharing, DHS completes an 
information sharing and access agreement with Federal partners to 
establish the terms and conditions of the sharing, including: 
Documenting the need to know, identifying authorized users and uses, 
protecting the privacy of the data, and ensuring the confidentiality of 
visa records, as applicable.
    Additionally, this notice includes non-substantive changes to 
simplify the formatting and text of the previously published notice. 
This modified system will be included in the Department of Homeland 
Security's inventory of record systems.

II. Privacy Act

    The Privacy Act of 1974 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 of 1974 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 
identifying number, symbol, or other identifying particular assigned to 
the individual. In the Privacy Act of 1974, an individual is defined to 
encompass U.S. citizens and lawful permanent residents. Additionally, 
the Judicial Redress Act (JRA) provides a statutory right to covered 
persons to make requests for access and amendment to covered records, 
as defined by the JRA, along with judicial review for denials of such 
requests. In addition, the JRA prohibits disclosures of covered 
records, except as

[[Page 30754]]

otherwise permitted by the Privacy Act of 1974.
    Below is the description of the DHS/CBP-022 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.

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, Public Law 111-145, 22 U.S.C. 2131.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to permit DHS/CBP to collect and 
maintain records on travelers who hold a passport issued by an country 
identified for inclusion in the EVUS program as selected by the 
Secretary of Homeland Security, and who have been issued a U.S. 
nonimmigrant visa of a designated category, in order to determine 
whether any of those enrollees pose a security risk to the United 
States over the duration of the visa.
    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, covered by DHS/CBP-003 Credit/Debit Card Data 
System (CDCDS), 76 FR 67755 (Nov. 2, 2011)) will be 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 in a separate CBP 
system (CDCDS) 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. Travelers who hold a passport issued by an identified country 
containing a U.S. nonimmigrant visa of a designated category; and
    2. Individuals 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 covered by this EVUS SORN 
include:
     Full name (first, middle, and last);
     Other names or aliases, if available;
     Date of birth;
     City and country of birth;
     Gender;
     Email address;
     Telephone number (home, mobile, work, other);
     Home address (address, apartment number, city, state/
region);
     internet protocol (IP) address;
     EVUS enrollment number;
     Global Entry Program Number;
     Country of residence;
     Passport number;
     Passport issuing country;
     Passport issuance date;
     Passport expiration date;
     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 citizenship;
     Other citizenship (country, passport number);
     National identification number, if available;
     Address while visiting the United States (number, street, 
city, state);
     Emergency point of contact information (name, telephone 
number, email address);
     U.S. point of contact (name, address, telephone number);
     Parents' names;
     Current job title;
     Current or previous employer name;
     Current or previous employer street address; and
     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,\1\ and current communicable diseases, fevers, and 
respiratory illnesses;
---------------------------------------------------------------------------

    \1\ Immigration and Nationality Act (INA) 212(a)(1)(A). Pursuant 
to INA 212(a), aliens 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 alien or others, or (ii) to 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 alien 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.
---------------------------------------------------------------------------

    [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;
    [cir] Citizenship and nationality information, with additional 
detail required for nationals of certain identified countries of 
concern;

RECORD SOURCE CATEGORIES:
    Records are obtained from the online EVUS enrollment at https://www.cbp.gov/EVUS. Some record information is derived from visa records 
of the U.S. Department of State. As part of the vetting process, DHS/
CBP obtains law enforcement and national security records from 
appropriate Federal, state, local, international, tribal, or foreign

[[Page 30755]]

governmental agencies or multilateral governmental organizations to 
assist DHS in determining EVUS eligibility.

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 of 1974, 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 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 or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her 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 statute, rule, regulation, order, or license when 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 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 of 1974 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 
SORN, 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, counterterrorism, 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 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, E.O, 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

[[Page 30756]]

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 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.
    V. 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.

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 enrollee.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Enrollment information submitted to EVUS generally expires and is 
deemed ``inactive'' two years after the initial submission of 
information by the enrollee. In the event that a traveler's passport 
remains valid for less than two years from the date of the EVUS 
notification of compliance, the EVUS enrollment will expire 
concurrently with the passport. Information in EVUS will be retained 
for one year after the EVUS travel enrollment expires. After this 
period, the inactive account information will be purged from online 
access and archived for 12 years. At any time during the 15-year 
retention period (generally 3 years active, 12 years archived) CBP will 
match data linked to active law enforcement lookout records or to 
enforcement activities, and/or investigations or cases, including EVUS 
enrollment attempts that are unsuccessful, which will remain accessible 
for the life of the law enforcement activities to which they may become 
related. Records replicated on the unclassified and classified networks 
will follow the same retention schedule.
    Payment information is not stored in EVUS, but is forwarded to 
Pay.gov and stored in CBP's financial processing system, CDCDS, 
pursuant to the DHS/CBP-018 CDCDS SORN.
    When a traveler's EVUS data is used for purposes of processing his 
or her 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) SORN, 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. 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:
    Enrollees may access their EVUS information to view and amend their 
enrollment by providing their EVUS number, birth date, and passport 
number through the EVUS website. Once they have provided their EVUS 
number, birth date, and passport number, enrollees may view their EVUS 
status (successful enrollment, unsuccessful enrollment, pending) and 
submit limited updates to their travel itinerary information. If an 
enrollee does not know his or her enrollment number, he or she can 
provide his or her name, passport number, date of birth, passport 
issuing country, and visa number to retrieve his or her enrollment 
number.
    In addition, EVUS enrollees 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 enrollees, 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. 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 Chief Privacy Officer and 
Headquarters Freedom of Information Act (FOIA) Officer, whose contact 
information can be found at http://www.dhs.gov/foia under ``FOIA 
Contact Information.'' If an individual believes more than one 
component maintains Privacy Act of 1974 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.
    When an individual seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform to the Privacy Act of 1974 
regulations set forth in 6 CFR part 5. The individual must first verify 
his/her identity, meaning that the individual must provide his or her 
full name, current address, and date and place of birth. The individual 
must sign his/her 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. While no specific form is required, an individual may 
obtain forms for this purpose from the Chief Privacy Officer

[[Page 30757]]

and Chief Freedom of Information Act Officer, http://www.dhs.gov/foia 
or 1-866-431-0486. In addition, the individual should:
     Explain why he or she believes the Department would have 
information being requested;
     Identify which component(s) of the Department he or she 
believes may have the information;
     Specify when the individual believe 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 his or her agreement for the first 
individual to access to his/her 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:
    For records covered by the Privacy Act of 1974 or covered JRA 
records, see ``Record Access Procedures'' above. For records not 
covered by the Privacy Act of 1974 or JRA, individuals may submit an 
inquiry to the DHS Traveler Redress Inquiry Program (DHS TRIP) at 
https://www.dhs.gov/dhs-trip or the CBP INFO CENTER at www.help.cbp.gov 
or (877) 227-5511 (international callers may use (202) 325-8000 and TTY 
users may dial (866) 880-6582).

NOTIFICATION PROCEDURES:
    See ``Record Access Procedure.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 6 CFR part 5, Appendix C, law enforcement and other 
derogatory information covered in this system are 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 will claim the 
same exemptions for those records that are claimed for the original 
primary systems of records from which they originated and claims any 
additional exemptions set forth here. For instance, as part of the 
vetting process, this system may incorporate records from CBP's ATS, 
and all of the exemptions for CBP's ATS SORN, described and referenced 
herein, carry forward and will be claimed by DHS/CBP.

HISTORY:
    DHS/CBP-022 Electronic Visa Update System (EVUS) System of Records, 
81 FR 60371 (September 1, 2016).

Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2019-13641 Filed 6-26-19; 8:45 am]
 BILLING CODE 9111-14-P