[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Notices]
[Pages 41648-41653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13540]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. USCBP-2023-0013]
Privacy Act of 1974; System of Records
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue a current DHS
system of records titled, ``DHS/U.S. Customs and Border Protection
(CBP)-022 Electronic Visa Update System (EVUS) System of Records.''
EVUS is an online enrollment system that enables DHS/CBP to collect
updated information from certain nonimmigrant visa holders over the
length of the visa period that would otherwise not be obtained prior to
travel to the United States. DHS/CBP collects this information to
determine whether applicants pose a security risk to the United States
over the duration of the visa. DHS/CBP is updating this system of
records to expand the category of records included in the system. The
exemptions for the existing system of records notice will continue to
be applicable for this updated system of records notice. This modified
system of records notice will be included in the DHS inventory of
record systems.
DATES: Submit comments on or before July 27, 2023. This modified system
will be effective upon publication. Although this system is effective
upon publication, DHS will accept and consider comments from the public
and evaluate the need for any revisions to this notice.
ADDRESSES: You may submit comments, identified by docket number USCBP-
2023-0013 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: Mason C. Clutter, 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 USCBP-2023-0013. 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 Avenue NW,
Washington, DC 20229. For privacy questions, please contact: Mason C.
Cutter, (202) 343-1717, [email protected], Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to update and reissue a current
Department of Homeland Security system of records titled, ``DHS/U.S.
Customs and Border Protection (CBP)-022 Electronic Visa Update System
(EVUS) System of Records. Upon arrival at a United States port of entry
(POE), nonimmigrants \1\ are typically required to present a valid
passport, a travel and identity document issued by the traveler's
country of citizenship, and valid visa, a document in which an
individual applies for that is within the passport signifying that the
United States has given the individual permission to enter the country
for a specific period. Visa validity periods can vary considerably, and
some visas are valid for extended periods of up to ten years, and often
for multiple entries.
---------------------------------------------------------------------------
\1\ The term nonimmigrant refers to foreign nationals who are
admitted to the United States temporarily for a specific purpose. By
contrast, the term immigrant refers to foreign nationals who wish to
come to the United States permanently. For additional information
about EVUS eligibility, please see 81 FR 72491, October 20, 2016.
---------------------------------------------------------------------------
Frequent travelers to the United States who hold visas with short
validity periods must reapply more frequently than those who hold visas
with longer validity periods. While visas with a longer validity period
provide an opportunity for individuals to travel to the United States
with greater ease, it does not allow the U.S. Government to receive
regularly updated biographic and other information from repeat visitors
who travel to the United States multiple times over the span of the
visa.\2\ As such, individuals traveling on these visas with longer
validity periods are screened using information that is not as recent
as for individuals who must obtain visas more frequently. This
[[Page 41649]]
raises security concerns due to the infrequency in which visa holders
may be screened or vetted for threats or inadmissibility.
---------------------------------------------------------------------------
\2\ The information updates provided through the visa re-
application process include basic biographical and eligibility
elements that can change over time (e.g., address, name, employment,
criminal history).
---------------------------------------------------------------------------
To alleviate this issue, the DHS/CBP developed EVUS, an online
enrollment system that enables DHS/CBP to collect updated information
from certain nonimmigrant visa holders prior to travel to the United
States without requiring the visa holder to apply for a visa on a more
frequent basis.\3\ Nonimmigrants enroll in EVUS using an online
application. The online application may be completed by either an
applicant intending to travel to the United States, or representative
on behalf of the traveler (e.g., friend, relative, travel industry
professional). The applicant or representative is asked to provide
information such as name, date of birth, phone number, email address,
passport and visa information, information about current or previous
employer, destination address and point of contact in the United
States, and emergency point of contact information. The applicant or
representative also provides responses to eligibility questions
regarding communicable diseases, arrests and convictions for certain
crimes, history of visa revocation or deportation, and other questions.
After the applicant or representative completes all required
information, the enrollment may be submitted to DHS/CBP.
---------------------------------------------------------------------------
\3\ See Establishment of the Electronic Visa Update System
(EVUS) Final Rule, 81 FR 72481 (October 20, 2016).
---------------------------------------------------------------------------
Upon receipt, DHS/CBP vets information from the EVUS application
against select security and law enforcement databases maintained by
DHS, including TECS and the Automated Targeting System (ATS), and other
Federal systems. This vetting seeks to identify nonimmigrants who may
be inadmissible before they depart for the United States, thereby
increasing national security and public safety and reducing traveler
delays upon arrival at U.S. ports of entry.
DHS/CBP processes a vast majority of EVUS enrollments within
minutes; however, DHS/CBP may take up to 72 hours to approve or deny an
enrollment. In addition to providing an approval or denial to the
applicant, DHS/CBP also sends a notification to carriers that the
individual is enrolled in EVUS and is authorized to board the carrier.
A successful EVUS enrollment is generally valid for multiple trips over
a period of two years (starting the date that the individual enrolled)
or until the individual's passport or visa expires, whichever comes
first. This means that if an individual's EVUS enrollment is successful
for travel, they do not have to enroll again during the validity
period. DHS/CBP continuously vets EVUS enrollment information against
new derogatory information received from law enforcement and other
national security databases during the course of the individual's
enrollment. Therefore, an individual's EVUS status can change at any
time.
If an applicant's EVUS enrollment is unsuccessful, DHS/CBP sends a
notification that the individual intending to travel should not board
the carrier. Alternatively, if an individual does not enroll in EVUS
but is required to, DHS/CBP sends a notification to the carrier
notifying them that no EVUS enrollment was found on file and that the
carrier is responsible for checking for other valid travel documents
that an individual may have.
If a traveler fails to enroll in EVUS when required, their visa
will automatically be provisionally revoked. With a provisionally
revoked visa, the traveler is not authorized to travel to the United
States unless or until they enroll in EVUS and obtains a notification
of compliance. If a visa is provisionally revoked due to failure to
enroll in EVUS, the individual may attempt to enroll in EVUS. If
successful, the provisional revocation will be reversed. In addition,
non-compliance with EVUS is 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.
DHS/CBP is publishing this modified system of records notice to
make changes to the underlying system of records and to enhance
transparency.
DHS/CBP is expanding the category of records to include social
media identifier(s) (e.g., username(s)/handle(s), platform(s) used).
This change is consistent with the information collected in Department
of State visa application forms.\4\ Applicants and representatives have
the option, but are not required, to provide social media information
and are therefore able to submit the application without including any
social media information. A decision to forgo responding to the
optional social media question will not result in denial or an
``unsuccessful'' or ``revoked visa'' response from EVUS. This
collection of information assists DHS/CBP in assessing an individual's
eligibility to travel to or be admitted to the United States. DHS/CBP
uses the information to search publicly available information on social
media platforms. The collection of applicants' social media identifiers
and associated platforms assists DHS/CBP with more timely visibility of
the publicly available information on the platforms provided by the
applicant. For example, social media information can provide positive,
confirmatory information or support a traveler's EVUS application.
Information found on social media may help distinguish individuals of
concern from applicants whose information substantiates their
eligibility for travel. It can also be used to identify potential
deception, fraud, or previously unidentified national security or law
enforcement concerns. While DHS/CBP is collecting publicly available
information about the applicant and their associates, any information
found as part of the vetting process will not be stored in EVUS. DHS/
CBP retains information collected from publicly available sources,
which may include social media information, as well as other
information obtained through the vetting process in other systems of
record, including TECS and the Automated Targeting System.
---------------------------------------------------------------------------
\4\ In 2019, the Department of State obtained approval from the
Office of Management and Budget (OMB) through the Paperwork
Reduction Act (PRA) to collect social media information. The
collection of social media information was approved under OMB
Control Number 1405-0182 on April 11, 2019.
---------------------------------------------------------------------------
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 with appropriate Federal, State, local,
Tribal, Territorial, foreign, or international government agencies
consistent with the routine uses set forth in this System of Records
notice.
This modified system will be included in DHS's inventory of record
systems.
II. Privacy Act
The Privacy Act 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 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
[[Page 41650]]
identifying number, symbol, or other identifying particular assigned to
the individual. In the Privacy Act, an individual is defined to
encompass U.S. citizens and lawful permanent residents. Additionally,
the Judicial Redress Act (JRA) provides covered persons with a
statutory right to make requests for access and amendment to covered
records, as defined by the Judicial Redress Act, along with judicial
review for denials of such requests. In addition, the Judicial Redress
Act prohibits disclosures of covered records, except as otherwise
permitted by the Privacy Act of 1974.
Below is the description of the DHS/CBP-022 Electronic Visa Update
System (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
to allow for analysis and vetting consistent with the stated uses,
purposes, and routine uses published in this notice.
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, Pub. L. 111-145, 22 U.S.C. 2131.
PURPOSE(S) OF THE SYSTEM:
EVUS provides a mechanism through which DHS/CBP may obtain
information updates from nonimmigrants who hold a passport issued by an
identified country containing a U.S. nonimmigrant visa of a designated
category. EVUS provides for greater efficiencies in the vetting of
certain nonimmigrants by allowing DHS/CBP to identify subjects of
potential interest before they depart for the United States, thereby
increasing security and reducing traveler delays upon arrival at U.S.
ports of entry. EVUS aids DHS/CBP in facilitating legitimate travel
while also ensuring public safety and national security.
When DHS/CBP imposes a fee for EVUS enrollment, the tracking number
associated with the payment information provided to Pay.gov will be
stored in the Credit/Debit Card Data System (CDCDS). CDCDS is covered
by DHS/CBP-003 Credit/Debit Card Data System (CDCDS), 76 FR 67755,
November 2, 2011, and is 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 separately 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)
nonimmigrants who hold a passport issued by an identified country
containing a U.S. nonimmigrant visa of a designated category; and (2)
persons, including U.S. citizens and lawful permanent residents, 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 in EVUS include:
[cir] Full name (first, middle, and last);
[cir] Other names or aliases, if available;
[cir] Date of birth;
[cir] City and country of birth;
[cir] Gender;
[cir] Email address;
[cir] Social media identifiers, such as usernames(s) and
platform(s) used, if voluntarily provided;
[cir] Telephone number (home, mobile, work, other);
[cir] Home address (address, apartment number, city, State/region);
o internet protocol (IP) address from which the EVUS application
was submitted; \5\
---------------------------------------------------------------------------
\5\ EVUS collects the IP address to assist CBP in determining
which applicants are eligible to enroll in EVUS. The IP address will
be used with the other EVUS application information for vetting,
targeting, and law enforcement purposes in ATS. CBP uses the same
security and control measures to protect the IP address as it uses
for the rest of the application data.
---------------------------------------------------------------------------
[cir] EVUS enrollment number;
[cir] Global Entry Program Number;
[cir] Country of residence;
[cir] Passport number;
[cir] Passport issuing country;
[cir] Passport issuance date;
[cir] Passport expiration date;
[cir] Department of Treasury Pay.gov payment tracking number (i.e.,
confirmation of payment; absence of payment confirmation will result in
a ``not cleared'' determination);
[cir] Country of citizenship;
[cir] Other citizenship (country, passport number);
[cir] National identification number, if available;
[cir] Address while visiting the United States (number, street,
city, State);
[cir] Emergency point of contact information (name, telephone
number, email address);
[cir] U.S. point of contact (name, address, telephone number);
[cir] Parents' names;
[cir] Current job title;
[cir] Current or previous employer name;
[cir] Current or previous employer street address; and
[cir] 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,\6\ and
[[Page 41651]]
current communicable diseases, fevers, and respiratory illnesses;
---------------------------------------------------------------------------
\6\ Immigration and Nationality Act (INA) 212(a)(1)(A). Pursuant
to INA 212(a), individuals 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 individual or others, or 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 individual 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;
and,
[cir] Citizenship and nationality information, with additional
detail required for nationals of certain identified countries of
concern.
RECORD SOURCE CATEGORIES:
Records are obtained from applicants and representatives (e.g.,
friend, relative, travel industry professional) through the online EVUS
enrollment at https://www.cbp.gov/EVUS. The passport and visa
information provided by the applicant and/or representative is
originally derived from the U.S. Department of State.
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, 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 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 their official
capacity;
3. Any employee or former employee of DHS in their 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 law, rule, regulation, or order, where CBP believes the
information would assist enforcement of applicable civil or criminal
laws 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 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
System of Records notice, 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 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
[[Page 41652]]
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, Executive Order, 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 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 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.
V. 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.
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 applicant/representative.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Enrollment information submitted to EVUS is retained for 15 years.
DHS/CBP ingests EVUS enrollment data into other DHS/CBP systems for
vetting purposes and is stored in accordance with the other systems'
respective retention periods. For example, EVUS is ingested into the
Automated Targeting System and is retained for 15 years and is also
ingested into TECS where it is retained for 75 years, consistent with
those systems' retention schedules. These retention periods are based
on DHS/CBP's historical encounters with suspected terrorists and other
criminals, as well as the broader expertise of the law enforcement and
intelligence communities. Travel records, including historical records,
are essential in assisting DHS/CBP officers with their risk-based
assessment of travel indicators and identifying potential links between
known and previously unidentified terrorist facilitators. Analyzing
these records for these purposes allows DHS/CBP to continue to
effectively identify suspect travel patterns and irregularities. If the
record is linked to active law enforcement lookout records, DHS/CBP
matches to enforcement activities, and/or investigations or cases
(i.e., specific and credible threats; flights, travelers, and routes of
concern; or other defined sets of circumstances), the record will
remain accessible for the life of the law enforcement matter to support
that activity and other enforcement activities that may become related.
Records replicated on the unclassified and classified networks will
follow the same retention schedule.
Payment information will not be stored in EVUS but will be
forwarded to Pay.gov and stored in CBP's financial processing system,
pursuant to the DHS/CBP-003 Credit/Debit Card Data System of Records
notice, 76 FR 67755, November 2, 2011. When a traveler's EVUS data is
used for purposes of processing their 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) System of Records notice, 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. DHS/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:
Applicants may access their EVUS information to view and amend
their enrollment by providing their EVUS enrollment number and/or name,
date of birth, and visa/passport number through the EVUS website. EVUS
applicants have the ability to view their EVUS status (successful
enrollment, unsuccessful enrollment, pending) and submit limited
updates to their travel itinerary information.
In addition, EVUS applicants 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 applicants, 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. DHS/CBP will consider
individual requests to determine whether information may be released.
In processing requests for access to information in this system, DHS/
CBP will review not only the records in the operational system but
[[Page 41653]]
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 access to and notification of 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 ``Contact
Information.'' If an individual believes more than one component
maintains Privacy Act records concerning them, the individual may
submit the request to the Chief Privacy Officer and Chief Freedom of
Information Act Officer, Department of Homeland Security, Washington,
DC 20528-0655, or electronically at https://www.dhs.gov/freedom-information-act-foia. Even if neither the Privacy Act nor the Judicial
Redress Act provide a right of access, certain records about you may be
available under the Freedom of Information Act.
When an individual is seeking records about themself from this
system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify their identity,
meaning that the individual must provide their full name, current
address, and date and place of birth. The individual must sign the
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. An
individual may obtain more information about this process at http://www.dhs.gov/foia or 1-866-431-0486. In addition, the individual should:
Explain why they believe the Department would have
information being requested;
Identify which component(s) of the Department they believe
may have the information;
Specify when the individual believes 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 their agreement for the first individual to
access their 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:
See ``Record Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 6 CFR part 5, appendix C, law enforcement and other
derogatory information covered in this system is 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/CBP will claim
the same exemptions for those records that are claimed for the original
primary systems of records from which they originated and claim any
additional exemptions set forth here. For instance, as part of the
vetting process, this system may incorporate records from DHS/CBP's
Automated Targeting System, and all exemptions for DHS/CBP's Automated
Targeting System of Records notice, described and referenced herein,
carry forward and will be claimed by DHS/CBP.
HISTORY:
84 FR 30751 (June 27, 2019); 81 FR 60371 (September 1, 2016).
* * * * *
Mason C. Clutter,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2023-13540 Filed 6-26-23; 8:45 am]
BILLING CODE 9111-14-P