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Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices
Dated: August 29, 2016.
Natasha M. Copeland,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2016–21116 Filed 9–1–16; 8:45 am]
BILLING CODE 4140–01–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2016–0062]

Homeland Security Advisory Council—
New Tasking
The Office of Partnership and
Engagement, DHS.
ACTION: Notice of tasking assignment for
the Homeland Security Advisory
Council.
AGENCY:

The Secretary of the
Department of Homeland Security
(DHS), Jeh Johnson, tasked the
Homeland Security Advisory Council to
establish a subcommittee entitled the
Privatized Immigration Detention
Facilities Subcommittee on August 26,
2016. The Subcommittee will provide
findings and recommendations to the
Homeland Security Advisory Council
on the Department’s U.S. Immigration
and Customs Enforcement’s (ICE)
current policy and practices concerning
privatized immigration detention
facilities and evaluate whether they
should be eliminated. This notice
informs the public of the establishment
of the Privatized Immigration Detention
Facilities Subcommittee and is not a
notice for solicitation.
FOR FURTHER INFORMATION CONTACT:
Sarah E. Morgenthau, Executive Director
of the Homeland Security Advisory
Council, Office of Partnership and
Engagement, U.S. Department of
Homeland Security at (202) 447–3135 or
hsac@hq.dhs.gov.
SUPPLEMENTARY INFORMATION: The
Homeland Security Advisory Council
provides organizationally independent,
strategic, timely, specific, and
actionable advice and recommendations
for the consideration of the Secretary of
the Department of Homeland Security
on matters related to homeland security.
The Council is comprised of leaders of
law enforcement, first responders, State
and local government, the private
sector, and academia.
Tasking: The Subcommittee will
develop actionable findings and
recommendations for the Department of
Homeland Security. The Subcommittee
will address ICE’s current policy and
practices concerning the use of private
immigration detention facilities and
evaluate whether this practice should be

eliminated. This evaluation should
consider all factors concerning policy
and practice with respect to ICE’s
detention facilities, including fiscal
considerations.
Schedule: The Subcommittee’s
findings and recommendations will be
submitted to the Homeland Security
Advisory Council for their deliberation
and vote during a public meeting. Once
the report is reviewed and voted on by
the Homeland Security Advisory
Council, the Council will provide its
advice to the Secretary for his review
and acceptance.
Dated: August 29, 2016.
Sarah E. Morgenthau,
Executive Director.
[FR Doc. 2016–21126 Filed 9–1–16; 8:45 am]
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SUMMARY:

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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2016–0054]

Privacy Act of 1974; Department of
Homeland Security, U.S. Customs and
Border Protection—009 Electronic
System for Travel Authorization
System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
update and reissue the DHS system of
records titled, ‘‘DHS/U.S. Customs and
Border Protection (CBP)–009 Electronic
System for Travel Authorization (ESTA)
System of Records.’’ This system of
records allows DHS/CBP to collect and
maintain records on nonimmigrant
aliens seeking to travel to the United
States under the Visa Waiver Program
and other persons, including U.S.
citizens and lawful permanent
residents, whose names are provided to
DHS as part of a nonimmigrant alien’s
ESTA application or Form I–94W. The
system is used to determine whether an
applicant is eligible to travel to and
enter the United States under the Visa
Waiver Program (VWP) by vetting his or
her ESTA application information or
Form I–94W information against
selected security and law enforcement
databases at DHS, including TECS (not
an acronym) and the Automated
Targeting System (ATS). In addition,
ATS retains a copy of ESTA application
and Form I–94W data to identify

SUMMARY:

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individuals from Visa Waiver Program
countries who may pose a security risk
to the United States. The ATS maintains
copies of key elements of certain
databases in order to minimize the
impact of processing searches on the
operational systems and to act as a
backup for certain operational systems.
DHS may also vet ESTA application
information against security and law
enforcement databases at other federal
agencies to enhance DHS’s ability to
determine whether the applicant poses
a security risk to the United States and
is eligible to travel to and enter the
United States under the VWP. The
results of this vetting may inform DHS’s
assessment of whether the applicant’s
travel poses a law enforcement or
security risk and whether the
application should be approved.
DHS/CBP is updating this system of
records notice, last published on June
17, 2016, to clarify the category of
individuals, expand a routine use, and
expand the record source categories to
include information collected from
publicly available sources, such as
social media.
DATES: Submit comments on or before
October 3, 2016. This updated system
will be effective October 3, 2016.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2016–0054 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 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 for this rulemaking. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, please visit http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: Debra
L. Danisek, (202) 344–1610, Acting 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, Acting Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:

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I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS), U.S. Customs
and Border Protection (CBP) is updating
and reissuing a current DHS system of
records titled, ‘‘DHS/CBP–009
Electronic System for Travel
Authorization (ESTA) System of
Records.’’
In the wake of September 11, 2001,
Congress enacted the Implementing
Recommendations of the 9/11
Commission Act of 2007, Public Law
110–53. Section 711 of that Act sought
to address the security vulnerabilities
associated with Visa Waiver Program
(VWP) travelers not being subject to the
same degree of screening as other
international visitors. As a result,
section 711 required DHS to develop
and implement a fully automated
electronic travel authorization system to
collect biographical and other
information necessary to evaluate the
security risks and eligibility of an
applicant to travel to the United States
under the VWP. The VWP is a travel
facilitation program that has evolved to
include more robust security standards
that are designed to prevent terrorists
and other criminal actors from
exploiting the program to enter the
country.
Electronic System for Travel
Authorization is a web-based system
that DHS/CBP developed in 2008 to
determine the eligibility of foreign
nationals to travel by air or sea to the
United States under the VWP. Using the
ESTA Web site, applicants submit
biographic information and answer
questions that permit DHS to determine
eligibility for travel under the VWP.
DHS/CBP uses the information
submitted to ESTA to make a
determination regarding whether the
applicant is eligible to travel under the
VWP, including whether his or her
intended travel poses a law enforcement
or security risk. If eligible individuals
from VWP countries attempt to enter the
United States without an ESTA, they
must file a Form I–94W at the time of
entry. DHS/CBP vets the ESTA
applicant information and Form I–94W
information against selected security
and law enforcement databases,
including TECS (DHS/CBP–011 U.S.
Customs and Border Protection TECS,
73 FR 77778 (December 19, 2008)) and
ATS (DHS/CBP–006 Automated
Targeting System, 77 FR 30297 (May 22,
2012)).
The ATS also retains a copy of the
ESTA application and Form I–94W data
to identify individuals who may pose a
security risk to the United States. The

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ATS maintains copies of key elements
of certain databases in order to
minimize the impact of processing
searches on the operational systems and
to act as a backup for certain operational
systems. DHS may also vet ESTA and
Form I–94W application information
against security and law enforcement
databases at other federal agencies to
enhance DHS’s ability to determine
whether the applicant poses a security
risk to the United States or is otherwise
eligible to travel to and enter the United
States under the VWP. The results of
this vetting may inform DHS’s
assessment of whether the applicant’s
travel poses a law enforcement or
security risk. The ESTA eligibility
determination is made prior to a visitor
boarding a carrier en route to the United
States.
Due to the ongoing national security
concerns surrounding foreign fighters
exploiting the VWP, DHS/CBP is
updating this system of records notice,
last published on June 17, 2016 (81 FR
39680), to give notice of a clarification
to the category of individuals to include
individuals who are eligible for an
ESTA but instead submit a Form I–94W
(likely during a land border crossing)
and an expanded category of records to
include responses to a voluntary
question requesting ESTA applicants
provide their social media identifiers
(such as username), to assist DHS/CBP
in determining eligibility to travel under
the VWP. DHS/CBP is also modifying
the overall description of when
information may be shared as a routine
use pursuant to 5 U.S.C. 552a(b)(3), and
expanding Routine Use G to include
additional DHS/CBP requirements for
information sharing. Lastly, DHS/CBP is
also expanding the record source
categories to include information
collected from publicly available
sources, such as social media.
On June 23, 2016 DHS/CBP published
in the Federal Register a notice of a
proposed revision to ESTA and the I–
94W under the Paperwork Reduction
Act to add an optional data field to
request social media identifiers (see 81
FR 40892). The 60-day public comment
period on the proposed revision to
ESTA and the I–94W closed on August
22, 2016. Individuals who submitted
comments during the 60-day public
comment period can find DHS/CBP
response on www.reginfo.gov (Reference
OMB Control Number 1651–0111). On
August 31, 2016, DHS will publish a
notice in the Federal Register that will
give the public an additional 30 days to
submit comments on the proposed
revision to the ESTA and I–94W.
DHS is publishing this revised system
of records notice to include, among

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other things, the social media identifiers
included in the proposed revision to
ESTA and the I–94W. While this SORN
will allow DHS to maintain the
information described herein, DHS will
not be able to collect social media
identifiers using ESTA and I–94W until
OMB approves the DHS/CBP’s
Information Collection Request under
the Paperwork Reduction Act (OMB
Control Number 1651–0111).
Adding social media data will
enhance the existing process, and
provide DHS/CBP greater clarity and
visibility to possible nefarious activity
and connections by providing an
additional tool set which DHS/CBP may
use to make better informed eligibility
determinations. DHS/CBP’s collection of
a subject’s social media identifiers adds
another layer of information to the
analysis for eligibility determination by
providing potential further leads to
terrorism or criminal activity.
DHS/CBP is modifying the overall
description of when information may be
shared as a routine use pursuant to 5
U.S.C. 552a(b)(3), to clarify that
information covered by this system of
records notice may be shared either in
bulk, or on a case-by-case basis. DHS/
CBP is expanding Routine Use G to
clarify that DHS may share information
when it determines that the information
would assist in the enforcement of civil
or criminal matters, and not only when
the record itself facially indicates a
violation or potential violation of law.
DHS/CBP is frequently called upon to
share information in connection with
specific cases, DHS/CBP also shares
data (including in bulk) that may be
used by another agency to vet against
the other agency’s databases to identify
violations proactively. The updated
Routine Use G also clarifies that DHS/
CBP is able to share information,
consistent with its many international
arrangements, relating to the
enforcement of licenses or treaties.
Consistent with DHS’s information
sharing mission, information stored in
the ‘‘DHS/CBP–009 Electronic System
for Travel Authorization 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 ESTA in bulk as
well as on a case-by-case basis 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. DHS/CBP documents
ongoing, systematic sharing with

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partners, including documenting the
need to know, authorized users and
uses, and the privacy protections that
will be applied to the data.
DHS/CBP previously issued a Final
Rule to exempt this system of records
from certain provisions of the Privacy
Act on August 31, 2009 (74 FR 45069).
These regulations remain in effect. This
updated system will be included in
DHS’s inventory of record systems.

SYSTEM NAME:

II. Privacy Act

DHS/CBP maintains records at the
CBP Headquarters in Washington, DC
and field offices. Records are replicated
from the operational system and
maintained on the DHS unclassified and
classified networks.

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
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. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Given the importance of providing
privacy protections to international
travelers, and because the ESTA
application has generally solicited
contact information about U.S. persons,
DHS always administratively applied
the privacy protections and safeguards
of the Privacy Act to all international
travelers subject to ESTA. The ESTA
falls within the mixed system policy
and DHS will continue to extend the
administrative protections of the
Privacy Act to information about
travelers and non-travelers whose
information is provided to DHS as part
of the ESTA application.
Below is the description of the DHS/
U.S. Customs and Border Protection–
009 Electronic System for Travel
Authorization System of Records
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 OF RECORDS:

Department of Homeland Security
(DHS)/U.S. Customs and Border
Protection (CBP)–009.

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DHS/CBP–009 Electronic System for
Travel Authorization System (ESTA).
SECURITY CLASSIFICATION:

Unclassified. The 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:

CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include:
1. Persons who seek to enter the
United States under the VWP; and,
2. Persons, including U.S. Citizens
and lawful permanent residents, whose
information is provided in response to
ESTA application or Form I–94W
questions.
CATEGORIES OF RECORDS IN THE SYSTEM:

Visa Waiver Program travelers may
seek the required travel authorization by
electronically submitting an application
consisting of biographical and other
data elements via the ESTA Web site.
The categories of records in ESTA
include:
• Full name (first, middle, and last);
• Other names or aliases, if available;
• Date of birth;
• City of birth;
• Country of birth;
• Gender;
• Email address;
• Social media identifiers, such as
username(s) and platforms used;
• Publicly available information from
social media Web sites or platforms;
• Telephone number (home, mobile,
work, other);
• Home address (address, apartment
number, city, state/region);
• Internet protocol (IP) address;
• ESTA application 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);

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• 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 ESTA
also include responses to the following
questions:
• Do you have a physical or mental
disorder, or are you a drug abuser or
addict,1 or do you currently have any of
the following diseases (communicable
diseases are specified pursuant to sec.
361(b) of the Public Health Service Act):
• Cholera
• Diphtheria
• Tuberculosis, infection
• Plague
• Smallpox
• Yellow Fever
• Viral Hemorrhagic Fevers,
including Ebola, Lassa, Marburg,
Crimean-Congo
• Severe acute respiratory illnesses
capable of transmission to other persons
and likely to cause mortality.
• Have you ever been arrested or
convicted for a crime that resulted in
serious damage to property, or serious
harm to another person or government
authority?
• Have you ever violated any law
related to possessing, using, or
distributing illegal drugs?
• Do you seek to engage in or have
you ever engaged in terrorist activities,
espionage, sabotage, or genocide?
• Have you ever committed fraud or
misrepresented yourself or others to
obtain, or assist others to obtain, a visa
or entry into the United States?
• Are you currently seeking
employment in the United States or
were you previously employed in the
United States without prior permission
from the U.S. Government?
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.

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• Have you ever been denied a U.S.
visa you applied for with your current
or previous passport, or have you ever
been refused admission to the United
States or withdrawn your application
for admission at a U.S. port of entry? If
yes, when and where?
• Have you ever stayed in the United
States longer than the admission period
granted to you by the U.S. Government?
• Have you traveled to, or been
present in, Iraq, Syria, Iran, Sudan,
Somalia, Libya, or Yemen on or after
March 1, 2011? If yes, provide the
country, date(s) of travel, and reason for
travel. Depending on the purpose of
travel to these countries, additional
responses may be required including:
• Previous countries of travel;
• Dates of previous travel;
• Countries of previous citizenship;
• Other current or previous passports;
• Visa numbers;
• Laissez-Passer numbers;
• Identity card numbers;
• Organization, company, or entity on
behalf of which you traveled;
• Official position/title with the
organization, company, or entity behalf
of which you traveled;
• Contact information for
organization, company, or entity on
behalf of which you traveled;
• Iraqi, Syrian, Iranian, Sudanese,
Somali, Libyan, or Yemeni Visa
Number;
• I–Visa, G–Visa, or A–Visa number,
if issued by a U.S. Embassy or
Consulate;
• All organizations, companies, or
entities with which you had business
dealings, or humanitarian contact;
• Grant number, if applicant’s
organization has received U.S.
Government funding for humanitarian
assistance within the last five years;
• Additional passport information (if
issued a passport or national identity
card for travel by any other country),
including country, expiration year, and
passport or identification card number;
• Any other information provided
voluntarily in open, write-in fields
provided to the ESTA applicant.
• Have you ever been a citizen or
national of any other country? If yes,
other countries of previous citizenship
or nationality? If Iraq, Syria, Iran,
Sudan, Somalia, Libya, or Yemen are
selected, follow-up questions are asked
regarding status of current citizenship
including dual-citizenship information,
and how citizenship was acquired.
Applicants who identify Iraq, Syria,
Iran, Sudan, Somalia, Libya, or Yemen
as their Country of Birth on ESTA will
be directed to follow-up questions to
determine whether they currently are a
national or dual national of their
country of birth.

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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 8 U.S.C. 1187(a)(11)
and (h)(3), and implementing
regulations contained in part 217, title
8, Code of Federal Regulations; the
Travel Promotion Act of 2009, Public
Law 111–145, 22 U.S.C. 2131.
PURPOSE(S):

The purpose of this system is to
collect and maintain a record of persons
who want to travel to the United States
under the VWP, and to determine
whether applicants are eligible to travel
to and enter the United States under the
VWP. The information provided
through ESTA is also vetted—along
with other information that the
Secretary of Homeland Security
determines is necessary, including
information about other persons
included on the ESTA application—
against various security and law
enforcement databases to identify those
applicants who pose a security risk to
the United States. This vetting includes
consideration of the applicant’s IP
address, social media information, and
all information provided in response to
the ESTA application questionnaire,
including all free text write-in
responses.
The Department of Treasury Pay.gov
tracking number (associated with the
payment information provided to
Pay.gov and stored in the Credit/Debit
Card Data System, DHS/CBP–003
Credit/Debit Card Data System (CDCDS)
76 FR 67755 (November 2, 2011)) will
be used to process ESTA and third party
administrator fees and to reconcile
issues regarding payment between
ESTA, CDCDS, and Pay.gov. Payment
information will not be used for vetting
purposes and is stored in a separate
system (CDCDS) from the ESTA
application data.
DHS maintains a replica of some or all
of the data in ESTA on the unclassified
and classified DHS networks to allow
for analysis and vetting consistent with
the above stated uses and purposes and
this published notice.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:

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A. To the Department of Justice (DOJ),
including Offices of the United States
Attorneys, 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
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
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act

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requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, 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 appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations for the purpose of
protecting the vital health interests of a
data subject or other persons (e.g., to
assist such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease or to combat other significant
public health threats; appropriate notice
will be provided of any identified health
threat or risk).
I. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation, provided disclosure is
appropriate in the proper performance
of the official duties of the officer
making the disclosure.
J. To a federal, state, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection or program; (2) for the
purpose of verifying the identity of an
individual seeking redress in
connection with the operations of a DHS
Component or program; or (3) for the
purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
K. To federal and foreign government
intelligence or counterterrorism
agencies or components when DHS
becomes aware of an indication of a
threat or potential threat to national or
international security to assist in
countering such threat, or to assist in
anti-terrorism efforts.
L. To the Department of State in the
processing of petitions or applications
for benefits under the Immigration and
Nationality Act, and all other
immigration and nationality laws
including treaties and reciprocal
agreements.

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M. 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.
N. 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.
O. To the Department of Treasury’s
Pay.gov, for payment processing and
payment reconciliation purposes.
P. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations, in response to a subpoena,
or in connection with criminal law
proceedings.
Q. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information, 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 an unwarranted invasion of
personal privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

DHS/CBP stores records in this
system electronically or on paper in
secure facilities in a locked drawer
behind a locked door. The records may
be stored on magnetic disc, tape, and
digital media.
RETRIEVABILITY:

DHS/CBP may retrieve records by any
of the data elements supplied by the
applicant.
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

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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.
RETENTION AND DISPOSAL:

Application information submitted to
ESTA generally expires and is deemed
‘‘inactive’’ two years after the initial
submission of information by the
applicant. In the event that a traveler’s
passport remains valid for less than two
years from the date of the ESTA
approval, the ESTA travel authorization
will expire concurrently with the
passport. Information in ESTA will be
retained for one year after the ESTA
travel authorization expires. After this
period, the inactive account information
will be purged from online access and
archived for 12 years. Data linked at any
time during the 15-year retention period
(Generally 3 years active, 12 years
archived), to active law enforcement
lookout records, will be matched by
DHS/CBP to enforcement activities,
and/or investigations or cases, including
ESTA applications that are denied
authorization to travel, will remain
accessible for the life of the law
enforcement activities to which they
may become related. NARA guidelines
for retention and archiving of data will
apply to ESTA and DHS/CBP continues
to negotiate with NARA for approval of
the ESTA data retention and archiving
plan. Records replicated on the
unclassified and classified networks
will follow the same retention schedule.
Payment information is not stored in
ESTA, but is forwarded to Pay.gov and
stored in DHS/CBP’s financial
processing system, CDCDS, pursuant to
the DHS/CBP–018, CDCDS system of
records notice. When a VWP traveler’s
ESTA data is used for purposes of
processing his or her application for
admission to the United States, the
ESTA data will be used to create a
corresponding admission record in the
DHS/CBP–016 Non-Immigrant
Information System (NIIS). This
corresponding admission record will be
retained in accordance with the NIIS
retention schedule, which is 75 years.
SYSTEM MANAGER AND ADDRESS:

Director, Office of Automated
Systems, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue
NW., Washington, DC 20229.

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Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices

mstockstill on DSK3G9T082PROD with NOTICES

NOTIFICATION PROCEDURE:

Applicants may access their ESTA
information to view and amend their
applications by providing their ESTA
number, birth date, and passport
number. Once they have provided their
ESTA number, birth date, and passport
number, applicants may view their
ESTA status (authorized to travel, not
authorized to travel, pending) and
submit limited updates to their travel
itinerary information. If an applicant
does not know his or her application
number, he or she can provide his or her
name, passport number, date of birth,
and passport issuing country to retrieve
his or her application number.
In addition, ESTA applicants and
other individuals whose information is
included on ESTA applications 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
ESTA applicants, the resulting
determination (authorized to travel,
pending, or not authorized to travel).
However, the Secretary of Homeland
Security has exempted portions of this
system from certain provisions of the
Privacy Act related to providing the
accounting of disclosures to individuals
because it is a law enforcement system.
DHS/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,
DHS/CBP will review the records in the
operational system and coordinate with
DHS to ensure that records that were
replicated on the unclassified and
classified networks, are reviewed 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 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 seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy

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Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
FOIA Officer, http://www.dhs.gov/foia
or 1–866–431–0486. In addition,
individuals should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his or her
agreement for you to access his or her
records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

DHS/CBP obtains records from
information submitted by travelers via
the online ESTA application at https://
esta.cbp.dhs.gov/esta/. DHS/CBP may
also use information obtained from
publicly available sources, including
social media, to determine ESTA
eligibility.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

No exemption shall be asserted with
respect to information maintained in the
system as it relates to data submitted by
or on behalf of a person who travels to
visit the United States and crosses the
border, nor shall an exemption be
asserted with respect to the resulting
determination (authorized to travel,
pending, or not authorized to travel).
Information in the system may be
shared with law enforcement and/or

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Dated: August 30, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–21210 Filed 8–31–16; 4:15 pm]
BILLING CODE 9111–14–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5900–FA–19]

Announcement of Funding Awards for
the Self-Help Homeownership
Opportunity Program Fiscal Year 2015
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice of funding awards.
AGENCY:

In accordance with section
102(a)(4)(C) of the Department of
Housing and Urban Development
Reform Act of 1989, this announcement
notifies the public of funding decisions
made by the Department in a
competition for funding under the
Notice of Funding Availability (NOFA)
for the Self-Help Homeownership
Opportunity Program. This
announcement contains the names of
the awardees and the amounts of the
awards made available by HUD.
FOR FURTHER INFORMATION CONTACT:
Jackie L. Williams, Ph.D., Director,
Office of Rural Housing and Economic
Development, Office of Community
Planning and Development, 451
Seventh Street SW., Room 7240,
Washington, DC 20410–7000; telephone
(202) 708–2290 (this is not a toll free
number). Hearing- and- speech impaired
persons may access this number via
TTY by calling the Federal Relay
Service toll-free at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: SHOP is
authorized by Section 11 of the Housing
Opportunity Program Extension Act of
SUMMARY:

RECORD ACCESS PROCEDURES:

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intelligence agencies pursuant to the
above routine uses. The Privacy Act
requires DHS to maintain an accounting
of the disclosures made pursuant to all
routines uses. Disclosing the fact that a
law enforcement or intelligence agency
has sought and been provided particular
records may affect ongoing law
enforcement activities. As such,
pursuant to 5 U.S.C. 552a(j)(2), DHS will
claim exemption from Sections (c)(3),
(e)(8), and (g) of the Privacy Act of 1974,
as amended, as is necessary and
appropriate to protect this information.
Further, DHS will claim exemption from
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.

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