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Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices
• Fax: (202) 282–9207.
• Mail: Homeland Security Advisory
Council, Department of Homeland
Security, Mailstop 0445, 245 Murray
Lane SW., Washington, DC 20528.
Instructions: All Submissions
received must include the words
‘‘Department of Homeland Security’’
and DHS–2016–0011, 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 comments received by the DHS
Homeland Security Advisory Council,
go to http://www.regulations.gov, search
‘‘DHS–2016–0011,’’ ‘‘Open Docket
Folder’’ and provide your comments.
FOR FURTHER INFORMATION CONTACT: Jay
Visconti at [email protected] or at (202)
447–3135.
SUPPLEMENTAL INFORMATION: Notice of
this meeting is given under sec. 10(a) of
the Federal Advisory Committee Act
(FACA), Public Law 92–463 (5 U.S.C.
App.) requiring each FACA committee
meeting to be open to the public.
The Council provides organizationally
independent, strategic, timely, specific,
and actionable advice and
recommendations for the consideration
of the Secretary of the Department of
Homeland Security (DHS) on matters
related to homeland security. The
Council is comprised of leaders of local
law enforcement, first responders, state,
local, and tribal government, the private
sector, and academia.
The Council will review and
deliberate on the U.S. Customs and
Border Protection (CBP) Integrity
Advisory Panel and DHS Grant Review
Task Force final recommendations. The
Council will also vote on the issuance
of a letter to Secretary Johnson about
countering violent extremism.
Public Participation: Members of the
public will be in listen-only mode. The
public may register to participate in this
Council teleconference via the following
procedures. Each individual must
provide his or her full legal name and
email address no later than 5:00 p.m.
EST on Wednesday, March 9, 2016 to a
staff member of the Council via email to
[email protected] or via phone (202)
447–3135. The conference call details,
the CBP Integrity Advisory Panel report
and the DHS Grant Review Task Force
report will be provided to interested
members of the public after the closing
of the public registration period and
prior to the start of the meeting.
Information on Services for
Individuals with Disabilities: For
information on facilities or services for

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individuals with disabilities, or to
request special assistance during the
teleconference contact Jay Visconti (202)
447–3135.
Dated: February 16, 2016.
Sarah E. Morgenthau,
Executive Director, Homeland Security
Advisory Council, DHS.
[FR Doc. 2016–03656 Filed 2–22–16; 8:45 am]
BILLING CODE 9110–9M–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2016–0014]

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. 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 against selected
security and law enforcement databases
at DHS, including but not limited to
TECS (not an acronym) and the
Automated Targeting System (ATS). In
addition, ATS retains a copy of ESTA
application data to identify ESTA
applicants who may pose a security risk
to the United States. 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

SUMMARY:

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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
November 4, 2014 (79 FR 65414), to
modify the categories of records in the
system to include responses to new
questions and additional data elements
to assist DHS/CBP in determining
eligibility to travel under the VWP. DHS
is also modifying the categories of
records to remove several data elements
that are no longer collected, including
date of anticipated crossing, carrier
information (carrier name and flight or
vessel number), city of embarkation, and
any change of address while in the
United States. In 2014, DHS/CBP
determined that these fields were
unnecessary for mission operations.
DHS/CBP is also revising the ESTA
application to reflect the current
quarantinable, communicable diseases
specified by any Presidential E.O. under
sec. 361(b) of the Public Health Service
Act (PHS Act). Lastly, DHS/CBP is
making non-substantive, clarifying edits
to Routine Use N.
DHS/CBP issued a Final Rule to
exempt this system of records from
certain provisions of the Privacy Act on
August 31, 2009 (74 FR 45070). These
regulations remain in effect.
DATES: This updated system will be
effective upon the public display of this
notice. 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 DHS–
2016–0014 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: Karen L. Neuman, 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

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received, please visit http://
www.regulations.gov.
For
general questions, please contact: John
Connors, (202) 344–1610, CBP Privacy
Officer, Privacy and Diversity Office,
1300 Pennsylvania Ave. NW.,
Washington, DC 20229. For privacy
questions, please contact: Karen L.
Neuman, (202) 343–1717, Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528–0655.
SUPPLEMENTARY INFORMATION:

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FOR FURTHER INFORMATION CONTACT:

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, Pub. L. 110–
53. sec. 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, sec.
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. DHS/CBP vets the ESTA
applicant information against selected
security and law enforcement databases,
including TECS (DHS/CBP–011 U.S.

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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 data to identify ESTA
applicants 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 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.
DHS/CBP is updating this system of
records notice, last published on
November 4, 2014 (79 FR 65414), to
modify the categories of records in the
system to include responses to new
questions and additional data elements
to assist DHS/CBP in determining
eligibility to travel under the VWP. DHS
is also modifying the categories of
records to remove several data elements
that are no longer collected, including
date of anticipated crossing, carrier
information (carrier name and flight or
vessel number), city of embarkation, and
any change of address while in the
United States. In 2014, DHS/CBP
determined that these fields were
unnecessary for mission operations.
DHS/CBP is also making nonsubstantive, clarifying edits to Routine
Use N.
On December 18, 2015, the President
signed into law the Visa Waiver
Program Improvement and Terrorist
Travel Prevention Act of 2015 as part of
the Consolidated Appropriations Act of
2016. To meet the requirements of this
new law, DHS is strengthening the
security of the VWP through
enhancements to the ESTA application
and to the Nonimmigrant Visa Waiver
Arrival/Departure Record form (Form I–
94W). Many of the provisions of the
new law became effective on the date of
enactment of the Visa Waiver Program
Improvement and Terrorist Travel
Prevention Act of 2015. The Act
generally makes certain nationals of
VWP countries ineligible (with some
exceptions) from traveling to the United

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States under the VWP if the applicant is
also a national of, or at any time on or
after March 1, 2011, been present in
Iraq, Syria, a designated state sponsor of
terrorism (currently Iran, Sudan, and
Syria),1 or any other country or area of
concern as designated by the Secretary
of Homeland Security.2
Under the Visa Waiver Program
Improvement and Terrorist Travel
Prevention Act of 2015, the Secretary of
Homeland Security may waive these
new VWP travel restrictions with
respect to an alien if the Secretary
determines that such a waiver is in the
law enforcement or national security
interests of the United States. Whether
ESTA applicants will receive a waiver
will be determined on a case-by-case
basis, in accordance with policy and
operations guidance. DHS is updating
this SORN to include updated questions
to the ESTA application and Form I–
94W in accordance with the new
restrictions in the Act.
DHS has determined that these
enhancements to the ESTA application
and Form I–94W will help DHS remain
compliant with its legal requirements
and for the VWP to adapt to the
heightened threat environment
including the continued increase in the
number of foreign fighters from VWP
countries participating in the Syria and
Iraq conflicts. The newly proposed
ESTA data elements, combined with
existing data elements, will help the
U.S. Government meet the requirements
of the VWP Improvement and Terrorist
Travel Prevention Act of 2015, mitigate
the foreign fighter threat, and facilitate
lawful travel under the VWP.
In addition, pursuant to 42 U.S.C.
264(b) and E.O. 13295, as amended on
July 31, 2014, DHS/CBP is revising the
existing ESTA question on
quarantinable communicable diseases.
Applicants are inadmissible into the
United States if they are determined (1)
to have a communicable disease of
public health significance; (2) to have a
physical or mental disorder and
behavior associated with the disorder
that may pose, or has posed, a threat to
1 Countries determined by the Secretary of State
to have repeatedly provided support for acts of
international terrorism are generally designated
pursuant to three laws: sec. 6(j) of the Export
Administration Act of 1979 (50 U.S.C. 2405); sec.
40 of the Arms Export Control Act (22 U.S.C. 2780);
and sec. 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371).
2 The Act establishes exceptions to the bar for
travel to Iraq, Syria, Iran, and Sudan since March
1, 2011, for individuals determined by the Secretary
of Homeland Security to have been present in these
countries, ‘‘(i) in order to perform military service
in the armed forces of a [VWP] program country; or
(ii) in order to carry out official duties as a full time
employee of the government of a [VWP] program
country.’’ 8 U.S.C. 1187(a)(12)(B).

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Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices
the property, safety, or welfare of the
applicant or others; (3) to have a history
of a physical or mental disorder
associated with behavior which posed a
threat to the property, safety, or welfare
of the applicant or others and which is
likely to recur or lead to other harmful
behavior; or (4) to be a drug abuser or
addict. The Department of Health and
Human Services (HHS) and the Center
for Disease Control (CDC) previously
issued regulations that defined a
‘‘communicable disease of public health
significance’’ by only listing eight
specific diseases: Active tuberculosis
(TB), human immunodeficiency virus
(HIV) infection, chancroid, gonorrhea,
granuloma inguinale, lymphogranuloma
venereum, infectious syphilis, and
infectious leprosy (Hansen’s disease).
These eight communicable diseases
are currently listed on the existing
ESTA application. However, HHS/CDC
have found that recent experience
(including the Ebola outbreak of 2014)
demonstrated that a fixed list of diseases
does not allow the flexibility to rapidly
respond to unanticipated emerging or
re-emerging outbreaks of disease. The
ability to rapidly respond requires an
approach based on prospective risks and
consequences instead of a static list that
does not reflect the potential for future
outbreaks of novel diseases. Therefore,
HHS/CDC is adding the following
disease categories to the current list of
communicable diseases of public health
significance:
(1) Quarantinable, communicable
diseases specified by Presidential E.O.
Order, as provided under sec. 361(b) of
the PHS Act;
(2) Any communicable disease that
requires notification to WHO of an event
that may constitute a public health
emergency of international concern,
pursuant to the revised IHR of 2005.
Consistent with this new guidance
from HHS/CDC regarding
communicable diseases, DHS/CBP is
revising the ESTA application to reflect
the current quarantinable,
communicable diseases specified by any
Presidential E.O. under sec. 361(b) of
the PHS Act. The revised ESTA
Application question is as follows: Do
you have a physical or mental disorder,
or are you a drug abuser or addict, or do
you currently have any of the following
diseases (communicable diseases are
specified pursuant to sec. 361(b) of the
PHS Act:
• Cholera;
• Diphtheria;
• Tuberculosis, infection;
• Plague;
• Smallpox;
• Yellow Fever;

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• Viral Hemorrhagic Fevers,
including Ebola, Lassa, Marburg,
Crimean-Congo; and
• Severe acute respiratory illnesses
capable of transmission to other persons
and likely to cause mortality.
DHS/CBP is also making nonsubstantive edits to Routine Use N to
clarify that DHS/CBP may verify an
individual’s travel authorization status
with that individual’s carrier, prior to
travel. To do so, DHS/CBP receives
Advanced Passenger Information from
carriers seventy-two hours in advance of
travel to verify the travel authorization
status of those passengers. As part of the
response, DHS/CBP does not send any
personally identification information to
the carrier. DHS/CBP only sends a
positive or negative response. If DHS/
CBP returns a negative response, the
carriers must visually confirm a visa
permitting travel to the United States.
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 with other
federal security and counterterrorism
agencies, as well as on a case-by-case
basis to appropriate state, local, tribal,
territorial, foreign, or international
government agencies. This external
sharing takes place after DHS
determines that it is consistent with the
routine uses set forth in this system of
records notice.
Additionally, for ongoing, systematic
sharing, DHS completes an information
sharing and access agreement with
partners to establish the terms and
conditions of the sharing, including
documenting the need to know,
authorized users and uses, and the
privacy protections for the data.
DHS previously issued a Final Rule to
exempt this system of records from
certain provisions of the Privacy Act on
August 31, 2009 (74 FR 45070). These
regulations remain in effect. This
updated 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.’’

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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.
SYSTEM NAME:

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:

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.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include:

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1. Foreign nationals who seek to enter
the United States by air or sea under the
VWP; and,
2. Persons, including U.S. Citizens
and lawful permanent residents, whose
information is provided in response to
ESTA application questions.

the following diseases (communicable
diseases are specified pursuant to sec.
361(b) of the Public Health Service Act):
Æ Cholera
Æ Diphtheria
Æ Tuberculosis, infection
Æ Plague
Æ Smallpox
CATEGORIES OF RECORDS IN THE SYSTEM:
Æ Yellow Fever
Visa Waiver Program travelers may
Æ Viral Hemorrhagic Fevers, including
seek the required travel authorization by
Ebola, Lassa, Marburg, Crimeanelectronically submitting an application
Congo
consisting of biographical and other
Æ Severe acute respiratory illnesses
data elements via the ESTA Web site.
capable of transmission to other
The categories of records in ESTA
persons and likely to cause mortality
include:
• Have you ever been arrested or
• Full name (first, middle, and last);
convicted for a crime that resulted in
• Other names or aliases, if available; serious damage to property, or serious
• Date of birth;
harm to another person or government
• City and country of birth;
authority?
• Gender;
• Have you ever violated any law
• Email address;
related to possessing, using, or
• Telephone number (home, mobile,
distributing illegal drugs?
work, other);
• Do you seek to engage in or have
• Home address (address, apartment
you ever engaged in terrorist activities,
number, city, state/region);
espionage, sabotage, or genocide?
• Internet protocol (IP) address;
• Have you ever committed fraud or
• ESTA application number;
misrepresented yourself or others to
• Country of residence;
obtain, or assist others to obtain, a visa
• Passport number;
or entry into the United States?
• Passport issuing country;
• Are you currently seeking
• Passport issuance date;
employment
in the United States or
• Passport expiration date;
were you previously employed in the
• Department of Treasury Pay.gov
United States without prior permission
payment tracking number (i.e.,
from the U.S. government?
confirmation of payment; absence of
• Have you ever been denied a U.S.
payment confirmation will result in a
visa you applied for with your current
‘‘not cleared’’ determination);
or previous passport, or have you ever
• Country of citizenship;
• Other citizenship (country, passport been refused admission to the United
States or withdrawn your application
number);
for admission at a U.S. port of entry? If
• National identification number, if
yes, when and where?
available;
• Have you ever stayed in the United
• Address while visiting the United
States
longer than the admission period
States (number, street, city, state);
granted to you by the U.S. government?
• Emergency point of contact
• Have you traveled to, or been
information (name, telephone number,
present in, Iraq, Syria, Iran, or Sudan on
email address);
or after March 1, 2011? If yes, provide
• U.S. Point of Contact (name,
the country, date(s) of travel, and reason
address, telephone number);
for travel. Depending on the purpose of
• Parents’ names;
travel to these countries, additional
• Current job title;
• Current or previous employer name; responses may be required including:
Æ Previous countries of travel;
• Current or previous employer street
Æ Dates of previous travel;
address; and
Æ Countries of previous citizenship;
• Current or previous employer
Æ Other current or previous
telephone number.
passports;
The categories of records in ESTA
Æ Visa numbers;
also include responses to the following
Æ Laissez-Passer numbers;
questions:
Æ Identity card numbers;
• Do you have a physical or mental
disorder, or are you a drug abuser or
or others, or (ii) to have had a physical or mental
addict,3 or do you currently have any of disorder and a history of behavior associated with
3 Immigration

and Nationality Act 212(a)(1)(A).
Pursuant to 8 U.S.C. 1182(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

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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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Æ Organization, company, or entity
on behalf of which you traveled;
Æ Official position/title with the
organization, company, or entity behalf
of which you traveled;
Æ Contact information for
organization, company, or entity on
behalf of which you traveled;
Æ Iraqi, Syrian, Iranian, or Sudanese
Visa Number;
Æ I-Visa, G-Visa, or A-Visa number, if
issued by a U.S. Embassy or Consulate;
Æ All organizations, companies, or
entities with which you had business
dealings, or humanitarian contact;
Æ Grant number, if applicant’s
organization has received U.S.
government funding for humanitarian
assistance within the last five years;
Æ 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;
Æ 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, or
Sudan 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, or Sudan 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.
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, Pub. L.
111–145, 22 U.S.C. 2131.
PURPOSE(S):

The purpose of this system is to
collect and maintain a record of
nonimmigrant aliens 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

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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, and all information provided in
response to the ESTA application
questionnaire, including free text writein 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.

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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:
A. To the Department of Justice (DOJ),
including Offices of the U.S. 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.

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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
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

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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.
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

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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
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.

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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

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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.
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

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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
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

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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.

Committee management; notice
of Federal Advisory Committee Meeting.

ACTION:

RECORD ACCESS PROCEDURES:

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/.
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
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.
Dated: February 17, 2016
Karen L. Neuman
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–03867 Filed 2–22–16; 8:45 am]

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BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2015–0083]

The President’s National Security
Telecommunications Advisory
Committee
Department of Homeland
Security.

AGENCY:

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The President’s National
Security Telecommunications Advisory
Committee (NSTAC) will meet via
teleconference on Thursday, March 10,
2016. The meeting will be open to the
public.
DATES: The NSTAC will meet on
Thursday, March 10, 2016, from 2:00
p.m. to 3:00 p.m. Please note that the
meeting may close early if the
committee has completed its business.
ADDRESSES: The meeting will be held
via conference call. For access to the
conference call bridge, information on
services for individuals with
disabilities, or to request special
assistance to attend, please email
[email protected] by 5:00 p.m. on
Wednesday, March 9, 2016.
To facilitate public participation, we
are inviting public comment on the
issues to be considered by the
committee as listed in the
SUPPLEMENTARY INFORMATION section
below. Associated briefing materials to
be discussed at the meeting will be
available at www.dhs.gov/nstac for
review as of Friday, March 4, 2016.
Comments may be submitted at any
time and must be identified by docket
number DHS–2015–0083.
Comments may be submitted by one
of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting written
comments.
• Email: [email protected]. Include
the docket number DHS–2015–0083 in
the subject line of the email message.
• Fax: 703–235–5961, Attn: Helen
Jackson.
• Mail: Designated Federal Officer,
Stakeholder Engagement and Critical
Infrastructure Resilience Division,
National Protection and Programs
Directorate, Department of Homeland
Security, 245 Murray Lane, Mail Stop
0604, Arlington, VA 20598–0604.
Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and the docket
number for this action. Comments
received will be posted without
alteration at www.regulations.gov,
including any personal information
provided.
Docket: For access to the docket and
comments received by the NSTAC, go to
www.regulations.gov and enter docket
number DHS–2015–0083.
A public comment period will be held
during the conference call on Thursday,
March 10, 2016, from 2:30 p.m. to 2:40
p.m. Speakers who wish to participate
in the public comment period must
SUMMARY:

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register in advance by no later than
Wednesday, March 9, 2016, at 5:00 p.m.
by emailing NSTAC at NSTAC@
hq.dhs.gov. Speakers are requested to
limit their comments to three minutes
and will speak in order of registration.
Please note that the public comment
period may end before the time
indicated, following the last request for
comments.
FOR FURTHER INFORMATION CONTACT:

Ms.

Helen Jackson, NSTAC Designated
Federal Officer, Department of
Homeland Security, (703) 235–5321
(telephone).
Notice of
this meeting is given under the Federal
Advisory Committee Act (FACA), 5
U.S.C. Appendix. The NSTAC advises
the President on matters related to
national security and emergency
preparedness (NS/EP)
telecommunications policy.
Agenda: The NSTAC will hold a
conference call on March 10, 2016, to
discuss issues and challenges related to
NS/EP communications, which will
comprise of discussions with high-level
government stakeholders and a review
of on-going NSTAC work, including an
update on the Big Data Analytics
Subcommittee. NSTAC members will
also discuss their examination on
emergent technologies. In November
2015, the Executive Office of the
President requested that the NSTAC
examine how emerging information and
communications technologies might
affect the government’s NS/EP missions
and capabilities over the next zero-,
three-, five-, and seven-year periods.
Following the discussion, members will
deliberate and vote on the Letter to the
President: Emerging Technologies
Strategic Vision.

SUPPLEMENTARY INFORMATION:

Dated: February 16, 2016.
Helen Jackson,
Designated Federal Officer for the NSTAC,
Department of Homeland Security.
[FR Doc. 2016–03657 Filed 2–22–16; 8:45 am]
BILLING CODE 9110–9P–P

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