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State and county
Denton ...........

Johnson .........

Location and
case No.
Unincorporated
areas of Denton County
(21–06–
3249P).
City of Burleson
(21–06–
3092P).

Montgomery ...

City of Conroe
(21–06–
2197P).

Tarrant ...........

City of Fort
Worth (21–06–
2361P).

Tarrant ...........

Unincorporated
areas of
Tarrant County
(21–06–
2361P).

Williamson ......

City of Leander
(21–06–
2660P).

Utah: Washington

City of St.
George (22–
08–0191P).

Chief executive, officer of
community

Community map
repository

The Honorable Andy
Eads, Denton County
Judge, 1 Courthouse
Drive, Suite 100, Denton, TX 76201.
The Honorable Chris
Fletcher, Mayor, City of
Burleson, 141 West
Renfro Street, Burleson,
TX 76028.
The Honorable Jody
Czajkoski, Mayor, City
of Conroe, P.O. Box
3066, Conroe, TX
77305.
The Honorable Mattie
Parker, Mayor, City of
Fort Worth, 200 Texas
Street, Fort Worth, TX
76102.
The Honorable B. Glen
Whitley, Tarrant County
Judge, 100 East
Weatherford Street,
Room 502A, Fort
Worth, TX 76196.
Richard B. Beverlin, III,
Manager, City of Leander, 105 North Brushy
Street, Leander, TX
78641.
The Honorable Michele
Randall, Mayor, City of
St. George, 175 East
200 North, St. George,
UT 84770.

Denton County Development Services Department, 3900 Morse
Street, Denton, TX
76208.
City Hall, 141 West
Renfro Street, Burleson,
TX 76028.

https://msc.fema.gov/portal/
advanceSearch.

Sep. 12, 2022 ....

480774

https://msc.fema.gov/portal/
advanceSearch.

Oct. 6, 2022 .......

485459

City Hall, 300 West Davis
Street, Conroe, TX
77305.

https://msc.fema.gov/portal/
advanceSearch.

Sep. 9, 2022 ......

480484

Transportation and Public
Works Department, Engineering Vault, 200
Texas Street, Fort
Worth, TX 76102.
Tarrant County Administration Building, 100
East Weatherford
Street, Fort Worth, TX
76196.

https://msc.fema.gov/portal/
advanceSearch.

Sep. 29, 2022 ....

480596

https://msc.fema.gov/portal/
advanceSearch.

Sep. 29, 2022 ....

480582

Engineering Department,
201 North Brushy
Street, Leander, TX
78641.

https://msc.fema.gov/portal/
advanceSearch.

Oct. 14, 2022 .....

481536

City Hall, 175 East 200
North, St. George, UT
84770.

https://msc.fema.gov/portal/
advanceSearch.

Sep. 12, 2022 ....

490177

[FR Doc. 2022–14766 Filed 7–11–22; 8:45 am]
BILLING CODE 9110–12–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2022–USCBP–2022–0007]

Privacy Act of 1974; System of
Records
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Notice of a modified system of
records.
AGENCY:

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)009 Electronic System for Travel
Authorization System of Records.’’ The
Electronic System for Travel
Authorization (ESTA) system is a webbased system used to determine the
eligibility of international travelers to
travel to the United States under the
Visa Waiver Program (VWP).1 DHS/CBP

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SUMMARY:

1 The

Visa Waiver Program (VWP), administered
by DHS in consultation with the State Department,
permits citizens of 40 countries to travel to the
United States for business or tourism for stays of up

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Online location
of letter of map revision

Date of
modification

Community
No.

is updating this system of records to (1)
reflect the expansion of the categories of
records to include the collection of
photographs, (2) clarify the retention
schedule, and (3) remove references to
the I–94W, ‘‘Nonimmigrant Visa Waiver
Arrival/Departure Record’’. 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’s inventory of record systems.

Department of Homeland Security,
Washington, DC 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number USCBP–2022–0007. 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.

Submit comments on or before
August 11, 2022. This modified system
will be effective upon publication. New
or modified routine uses will be
effective August 11, 2022.

FOR FURTHER INFORMATION CONTACT:

DATES:

You may submit comments,
identified by docket number USCBP–
2022–0007 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: Lynn Parker Dupree, Chief
Privacy Officer, Privacy Office,

ADDRESSES:

to 90 days without a visa. In return, those 40
countries must permit U.S. citizens and nationals
to travel to their countries for a similar length of
time without a visa for business or tourism
purposes.

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For
general questions, please contact: Debra
L. Danisek, (202) 344–1610,
Privacy.CBP@cbp.dhs.gov, CBP Privacy
Officer, Privacy and Diversity Office,
1300 Pennsylvania Avenue NW,
Washington, DC 20229. For privacy
questions, please contact: Lynn Parker
Dupree, (202) 343–1717, Privacy@
hq.dhs.gov, 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/United States Customs and

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Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Notices
Border Protection (CBP)-009 Electronic
System for Travel Authorization (ESTA)
System of Records.’’ On August 3, 2007,
the President signed into law the
Implementing Recommendations of the
9/11 Commission Act of 2007 (9/11
Act).2 Section 711 of the 9/11 Act
required that the Secretary of Homeland
Security, in consultation with the
Secretary of State, develop and
implement a fully automated electronic
travel authorization system to collect
biographical and other information as
the Secretary determines necessary to
evaluate, in advance of travel, the
eligibility of the applicant to travel to
the United States under the Visa Waiver
Program (VWP), and whether such
travel poses a law enforcement or
security risk.3 Prior to implementing the
Electronic System for Travel
Authorization (ESTA), international
travelers from VWP countries were not
evaluated, in advance of travel, for
eligibility to travel to the United States
under the VWP.
DHS/CBP created the ESTA system to
collect information from individuals
intending to travel under the VWP, as
well as representatives who submit
information on behalf of the applicant.
The ESTA application requests the
intended traveler’s name, country of
birth and citizenship, date of birth,
gender, travel document information,
contact information (e.g., phone, email
address), voluntary submission of social
media information, family information,
employment information, and
destination address, as well as
responses to questions related to an
applicant’s eligibility to travel under the
VWP.
Upon submission, DHS/CBP vets the
application against selected security and
law enforcement databases as well as
publicly available sources, such as
social media. The results of this vetting
help to inform DHS/CBP’s assessment of
whether the traveler poses a law
enforcement or security risk and
whether the application should be
approved. ESTA authorizations can take
up to 72 hours to be complete. However,
DHS/CBP is generally able to approve/
deny an ESTA authorization within a
much shorter time frame. If the ESTA
application is denied, the applicant is
not eligible to travel to the United States
under the VWP.4 If the application is
approved, the approval establishes that
the applicant is eligible to travel to the
United States under the VWP but does
2 See

Public Law 110–53.
8 U.S.C. 1187(h)(3)(A).
4 Applicants denied a travel authorization to the
United States via ESTA may still apply for a
nonimmigrant visa from the U.S. Department of
State at a U.S. Embassy or Consulate.
3 See

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not guarantee that he or she is
admissible to the United States. Upon
arrival to a United States port of entry,
the VWP traveler will be subject to an
inspection by a CBP officer who may
determine that the traveler is
inadmissible under section 212 of the
Immigration and Nationality Act (INA)
and deny entry under the VWP. ESTA
travel authorizations are generally valid
for two years from the date of
authorization, or until the VWP
traveler’s passport expires, whichever
comes first. An ESTA approval provides
authorization for the traveler to travel to
the United States for multiple trips over
a period of two years, generally
eliminating the need for a traveler to
reapply during the validity period
unless the traveler fails to meet the
requirements of the VWP, or the ESTA
approval is revoked.
DHS/CBP is publishing this modified
system of records to make changes for
transparency.
DHS/CBP is expanding the category of
records to include photographs. As part
of the ESTA application process, DHS/
CBP collects applicant photographs,
which may include both the passport
photograph and/or a ‘‘selfie,’’ if
submitting the ESTA application via the
mobile application. As described above,
the ESTA application requires several
key pieces of biographic information,
which can be found on the passport
biographic data page (e.g., name, date
and place of birth, country of
citizenship). Applicants and
representatives capture 5 or upload 6 a
picture of the passport biographic data
page to include the photograph or
retrieve 7 the photograph from the
passports eChip into the application.
Applicants (or their representative)
submit the passport photograph for
identity verification and vetting
purposes. DHS/CBP stores the image of
the passport biographic data page for
identity verification and reconciliation
purposes. Photographs retrieved using
the passport eChip are compared against
a separate ‘‘selfie’’ that is required for
mobile application submissions. The
capture a photograph of the passport’s
biographic data page, the applicant or
representative must use a device with a camera,
such as an Android or an iOS device.
6 If a camera is not detected on the device, the
applicant or representative has the option to upload
a pre-scanned image in .gif, .png, .jpg, or .jpeg file
format.
7 If the applicant submits the application through
a mobile device, he or she can place the mobile
device near the passport’s eChip to enable the Near
Field Communication (NFC). NFC is used for
contactless exchange of data over short distances.
Two NFC-capable devices are connected via a
point-to-point contact over a short distance. This
connection can be used to exchange data between
devices.

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‘‘selfie’’ undergoes a ‘‘liveness’’ test to
determine that it is a real person—not
a picture of a person.8 Using CBP’s
Traveler Verification System (TVS)
facial matching algorithms, CBP
compares the ‘‘selfie’’ with the passport
photograph to conduct a 1-to-1 match to
confirm whether the identities in the
two photographs match.9 Photographs,
regardless of submission method, are
stored in the ESTA system consistent
with the ESTA retention schedule.
DHS/CBP is also updating this notice
to clarify the retention schedule for the
data. The overall retention does not
change, but DHS/CBP is more clearly
documenting that these records are
retained for 15 years.
Finally, DHS/CBP is also removing
references to the I–94W, ‘‘Nonimmigrant
Visa Waiver Arrival/Departure Record,’’
since the I–94W is not processed in
ESTA. The I–94W is separately covered
under the DHS/CBP–016 Nonimmigrant
Information System, 80 FR 13398
(March 13, 2015).
Consistent with DHS’s information
sharing mission, information stored in
the DHS/CBP–009 ESTA 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
8 Liveness detection relies on algorithms to
analyze facial images to determine whether the
image is of a live human being or of a reproduction
of that person (e.g., a photograph of the person).
9 CBP’s TVS is an accredited information
technology system consisting of a group of similar
systems and subsystems that support the core
functioning and transmission of data between CBP
applications and partner interfaces. Since early
2017, CBP has used the TVS as its backend
matching service for all biometric entry and exit
operations that use facial recognition, regardless of
air, land, or sea. See U.S. DEPARTMENT OF
HOMELAND SECURITY, U.S. CUSTOMS AND
BORDER PROTECTION, PRIVACY IMPACT
ASSESSMENT FOR THE DHS/CBP/PIA–056
TRAVELER VERIFICATION SERVICE, available at
https://www.dhs.gov/privacydocuments-uscustoms-and-border-protection.

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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. 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 JRA,
along with judicial review for denials of
such requests. In addition, the JRA
prohibits disclosures of covered records,
except as otherwise permitted by the
Privacy Act.
Below is the description of the DHS/
CBP–009 Electronic System for Travel
Authorization 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)–009 Electronic System
for Travel Authorization (ESTA) System
of Records.
SECURITY CLASSIFICATION:

Unclassified and classified. 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:

Records are maintained at the DHS/
CBP Headquarters in Washington, DC,
and 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):

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Director, ESTA Program Management
Office, esta@cbp.dhs.gov, 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 8 U.S.C. 1187(a)(11)
and (h)(3), and implementing
regulations contained in 8 CFR part 217;

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Categories of individuals covered by
this system include (1) individuals who
wish to travel to the United States under
the VWP and apply for an ESTA travel
authorization and (2) persons, including
U.S. citizens and lawful permanent
residents, whose information is
provided by the applicant in response to
ESTA application questions (e.g., point
of contact).

• Current and previous employer
information; and,
• Photograph(s).
The categories of records in ESTA
also include responses to questions
related to the following:
Æ History of mental or physical
disorders, drug abuse or addiction,10
and current communicable diseases,11
fevers, and respiratory illnesses;
Æ Past arrests, criminal convictions,
or illegal drug violations;
Æ Previous engagement in terrorist
activities, espionage, sabotage, or
genocide;
Æ History of fraud or
misrepresentation;
Æ Previous unauthorized employment
in the United States;
Æ Past denial of visa, or refusal or
withdrawal of application for admission
at a U.S. port of entry;
Æ Previous overstay of authorized
admission period in the United States;
Æ 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; 12 and,
Æ Citizenship and nationality
information, with additional detail
required for nationals of certain
identified countries of concern.

CATEGORIES OF RECORDS IN THE SYSTEM:

RECORD SOURCE CATEGORIES:

An ESTA application includes:
• Full name (first, middle, and last);
• Other names or aliases, if available;
• Date of birth;
• Country of birth;
• Gender;
• Email address;
• Visa numbers, Laissez-Passer
numbers, or Identity card numbers;
• Social media identifiers, such as
username(s) and platforms used;
• Publicly available information from
social media websites 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 information;
• Department of Treasury Pay.gov
payment tracking number information;
• Countries of citizenship and
nationality;
• National identification number, if
available;
• Address while visiting the United
States;
• Emergency point of contact
information;
• U.S. Point of Contact information;
• Parents’ names;

DHS/CBP obtains records from
applicants or representatives (e.g.,
friend, relative, travel industry
professional), through the online ESTA
application available at https://
esta.cbp.dhs.gov/esta/or a mobile
application. As part of the vetting

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
collect and maintain a record of
applicants 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, including
information about other persons
included on the ESTA application, is
vetted against various security and law
enforcement databases to identify those
applicants who pose a security risk to
the United States and to inform CBP’s
decision to approve or deny the
applicant’s ESTA application.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

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10 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.
11 Consistent with 42 CFR 34.2, DHS/CBP revised
the ESTA application to reflect the current
quarantinable, communicable diseases specified by
any Presidential Executive Order under Section
361(b) of the Public Health Service (PHS) Act (42
U.S.C. 264). Executive Order 13295 of April 4, 2003,
as amended by Executive Order 13375 of April 1,
2005, and Executive Order 13674 of July 31, 2014,
contains the most recent list of quarantinable,
communicable diseases. COVID–19 is a
quarantinable disease as it falls within the scope of
‘‘severe acute respiratory syndromes’’ which are
designated as quarantinable pursuant to Executive
Order 13674. As such, COVID–19 was added to the
list of diseases an individual must attest to not
having to be eligible to travel to the United States.
12 INA 212(a)(12); 8 U.S.C. 1187(a)(12).

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process, DHS/CBP may also use
information obtained from publicly
available sources, including social
media, and law enforcement and
national security records from
appropriate federal, state, local,
international, tribal, or foreign
governmental agencies or multilateral
governmental organizations to assist in
determining ESTA eligibility. This
information is stored separate from
information collected as part of the
ESTA application.
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 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,

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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 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).
J. 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

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this SORN, for purposes of testing new
technology.
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 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.
M. To a federal, state, tribal, local,
international, or foreign government
agency or entity in order to provide
relevant information related to
intelligence, counterintelligence, or
counterterrorism activities authorized
by U.S. law, Executive Order, or other
applicable national security directive.
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 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

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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.
T. 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 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 or representative.

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POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

The retention of ESTA records is
covered by National Archives and
Records Administration DAA–0568–
2019–0006. Application information
submitted to ESTA, including the
photographs, is retained for 15 years.
DHS/CBP ingests ESTA application data
into other DHS/CBP systems for vetting
purposes and is stored in accordance
with those system’s respective retention
periods. For example, ESTA information
is ingested into the Automated
Targeting System (ATS) 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. It is well
known, for example, that potential
terrorists may make multiple visits to
the United States in advance of
performing an attack. It is over the
course of time and multiple visits that
a potential risk becomes clear. Travel

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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 the 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.
Payment information is not stored in
ESTA but is forwarded to Pay.gov and
stored in DHS/CBP’s financial
processing system, Credit/Debit Card
Data system, pursuant to the DHS/CBP–
003 Credit/Debit Card Data System of
Records Notice, 76 FR 67755 (November
2, 2011). 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), 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 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

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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 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 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 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, Washington, DC 20528–0655,
or electronically at https://
www.dhs.gov/freedom-information-actfoia. 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 himself or herself 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 his/her identity, meaning that the

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individual must provide his/her 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 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
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 the request is seeking records
pertaining to another living individual,
the request must include an
authorization from the individual whose
record is being requested, authorizing
the release to the requester.
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.
See ‘‘Record Access Procedures’’
above.
NOTIFICATION PROCEDURES:

See ‘‘Record Access Procedures’’
above.

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EXEMPTIONS PROMULGATED FOR THE SYSTEM:

Pursuant to 6 CFR part 5, Appendix
C, 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
Automated Targeting System SORN,
described and referenced herein, carry
forward and will be claimed by DHS/
CBP. As such, 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),

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HISTORY:

84 FR 30746 (June 27, 2019); 81 FR
60713 (September 2, 2016); 81 FR 39680
(June 17, 2016); 81 FR 8979 (February
23, 2016); 79 FR 65414 (November 4,
2014); 77 FR 44642 (July 30, 2012); 76
FR 67751 (November 2, 2011); 73 FR
32720 (June 10, 2008).
*
*
*
*
*

CONTESTING RECORD PROCEDURES:

VerDate Sep<11>2014

(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).
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, as part of the
application process, 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 section (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.

Lynn P. Dupree,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2022–14789 Filed 7–11–22; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2022–0040]

DHS Data Privacy and Integrity
Advisory Committee
Privacy Office, DHS.
Committee management; notice
of committee charter renewal.

AGENCY:
ACTION:

The Secretary of Homeland
Security has determined that the

SUMMARY:

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41343

renewal of the Data Privacy and
Integrity Advisory Committee is
necessary and in the public interest in
connection with the Department of
Homeland Security’s performance of its
duties. This determination follows
consultation with the Committee
Management Secretariat, General
Services Administration.
DATES: The committee’s charter is
effective July 8, 2020 and expires July 8,
2022.
ADDRESSES: Any Comments must be
identified by DHS Docket Number
(DHS–2022–0040) and may be
submitted by one of the following
methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: PrivacyCommittee@dhs.gov.
Include the Docket Number (DHS–
2022–0040) in the subject line of the
message.
• Fax: (202) 343–4010.
• Mail: Sandra L. Taylor, Designated
Federal Officer, Data Privacy and
Integrity Advisory Committee,
Department of Homeland Security,
Privacy Office, Mail Stop 0655, 2707
Martin Luther King Jr. Ave SE,
Washington, DC 20598–0655.
Instructions: All submissions must
include the words ‘‘Department of
Homeland Security’’ and DHS–2022–
0040, the docket number for this action.
Comments received will be posted
without alteration at 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:

Sandra L. Taylor, Designated Federal
Officer, DHS Data Privacy and Integrity
Advisory Committee, Department of
Homeland Security, Privacy Office, Mail
Stop 0655, 2707 Martin Luther King Jr.
Ave SE, Washington, DC 20598–0655,
by telephone (202) 343–1717, by fax
(202) 343–4010, or by email to
privacycommittee@hq.dhs.gov.
Responsible DHS Officials: Lynn
Parker Dupree, Chief Privacy Officer,
and Sandra L. Taylor, Designated
Federal Officer, 2707 Martin Luther
King, Jr., Avenue SE, Mail Stop 0655,
Washington, DC 20598,
PrivacyCommittee@dhs.gov, (202) 343–
1717.
SUPPLEMENTARY INFORMATION:

Purpose and Objective: Under the
authority of 6 U.S.C. 451, this charter
renewed the Data Privacy and Integrity
Advisory Committee as a discretionary

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