DHS/CBP-016 Nonimmigrant Information System (March 13, 2015, 80 FR 13398)

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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices

Estimated Number of Total Annual
Responses: 1,610.
Estimated Time per Response: 14
minutes.
Estimated Annual Burden Hours: 376.
Dated: March 4, 2015.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and
Border Protection.
[FR Doc. 2015–05756 Filed 3–12–15; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2015–0008]

Privacy Act of 1974; Department of
Homeland Security/United States
Customs and Border Protection–016
Nonimmigrant and Immigrant
Information System
Department of Homeland
Security, Privacy Office.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:

In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of record notices, the
Department of Homeland Security
(DHS) proposes to update and reissue
the following legacy record system,
Department of Homeland Security/
United States Customs and Border
Protection–016 Nonimmigrant
Information System. This system of
records notice has been updated to
include system name, security
classification, system location,
purpose(s), storage, retention and
disposal, and notification procedures.
The previous final rule exempts this
system from certain aspects of the
Privacy Act, and will continue to do so.
This notice also includes nonsubstantive changes to simplify the
formatting and text of the previously
published notice. This updated system
will be included in DHS’s inventory of
systems of records, located on the DHS
Web site at http://www.dhs.gov/systemrecords-notices-sorns.
DATES: Written comments must be
submitted on or before April 13, 2015.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2015–0008 by one of the following
methods:
• Federal e-Rulemaking Portal:
http://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.

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SUMMARY:

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• Mail: Karen L. Neuman, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received go to http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: John
Connors, (202) 344–1610, Privacy
Officer, United States Customs and
Border Protection, 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.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) United States
Customs and Border Protection (CBP)
proposes to update and reissue a current
DHS system of records titled, ‘‘DHS/
CBP–016 Nonimmigrant Information
System System of Records.’’
DHS is updating and reissuing a DHS/
CBP system of records under the Privacy
Act (5 U.S.C. 552a) to reflect CBP’s
current and future practices regarding
the processing of foreign nationals
entering the United States. CBP inspects
all persons applying for admission to
the United States. As part of this
inspection process, CBP establishes the
identity, nationality, and admissibility
of persons crossing the border and may
create a border crossing record, which
would be covered by DHS/CBP–007
Border Crossing Information System of
Records Notice (78 FR 31958, published
on May 28, 2013), or additional CBP
records, which would be covered by the
DHS/CBP–011 TECS System of Records
Notice (73 FR 77799, published
December 19, 2008) during this process.
Similarly, CBP has authority to keep
records of departures from the United
States.
In addition to information collected
from the alien during the inspection
process, CBP primarily uses two
immigration forms to collect
information from nonimmigrant aliens
as they arrive in the United States: The
I–94, Arrival/Departure Record; and the

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I–94W, Nonimmigrant Visa Waiver
Arrival/Departure Form (for aliens
applying for admission under the visa
waiver program (VWP)). Separately,
Canadian nationals that travel to the
U.S. as tourists or for business and
Mexican nationals who possess a
nonresident alien Mexican Border
Crossing Card are not required to
complete an I–94 upon arrival.
However, their information is
maintained in Nonimmigrant and
Immigrant Information System (NIIS).
Additionally, DHS/CBP implemented an
Electronic System for Travel
Authorization (ESTA) to permit
nationals of VWP countries to submit
their biographic and admissibility
information online in advance of their
travel to the United States. Applicants
under this program will have access to
their accounts so that they may check
the status of their ESTA and make
limited amendments. ESTA is covered
by privacy documentation including the
DHS/CBP Electronic System for Travel
Authorization SORN (79 FR 65414,
published on November 3, 2014).
In accordance with the Privacy Act of
1974 and as part of DHS’s ongoing effort
to review and update legacy system of
record notices, DHS/CBP proposes to
update and reissue the following system
of records notice, DHS/CBP–016
Nonimmigrant and Information System
(73 FR 77739, published December 19,
2008), as a DHS/CBP system of records
notice titled, DHS/CBP–016
Nonimmigrant and Immigrant
Information System System of Records.
DHS/CBP changed the system name to
reflect changes to the system, changed
the security classification to reflect
storage of records on a classified
network, changed the system location to
reflect a new location, changed the
purpose to allow for replication of data
for analysis and vetting, updated the
storage due to the change in security
classification, updated the retention and
disposal to reflect that records will
follow the same retention schedule, and
changed the notification procedure to
reflect that DHS/CBP will now also
review replicated records.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/CBP–016 Nonimmigrant and
Immigrant Information System 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, information may be shared
with appropriate federal, state, local,
tribal, territorial, foreign, or
international government agencies

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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices
consistent with the routine uses set
forth in this system of records notice.
Additionally, the exemptions for this
system of records notice will remain in
place. This updated system will be
included in the DHS’s inventory of
record systems.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the Federal Government agencies
collect, maintain, use and disseminate
individuals’ records. The Privacy Act
applies to information that is
maintained in a ‘‘system of records.’’ A
‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of the 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.
Below is a description of the DHS/
CBP–016 Nonimmigrant and Immigrant
Information System System of Records.
In accordance with 5 U.S.C. 552a(r), a
report concerning this record system has
been sent to the Office of Management
and Budget and to the Congress.
System of Records:

Department of Homeland Security
DHS/United States (U.S.) Customs and
Border Protection (CBP)–016.
SYSTEM NAME:

DHS/CBP–016 Nonimmigrant and
Immigrant Information System.
SECURITY CLASSIFICATION:

Unclassified. The data may be
retained on the classified networks but
this does not change the nature and
character of the data until it is combined
with classified information.

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SYSTEM LOCATION:

Records are maintained in the
operational system at CBP Headquarters
in Washington, DC and at CBP field
offices. Records are replicated from the
operational system and maintained on
the DHS unclassified and classified
networks. This computer database is
located at the U.S. Customs and Border
Protection (CBP) National Data Center.
Computer terminals are located at
customhouses, border ports of entry,
airport inspection facilities under the

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13399

jurisdiction of the Department of
Homeland Security and other locations
at which DHS authorized personnel may
be posted to facilitate DHS’s mission.
Terminals may also be located at
appropriate facilities for other
participating government agencies that
have obtained system access pursuant to
a Memorandum of Understanding.

• Whether the individual has ever
been denied a U.S. visa or entry into the
U.S., or had a visa cancelled (if yes,
when and where);
• Whether the individual has ever
asserted immunity from prosecution;
and
• Any change of address while in the
United States.

CATEGORIES OF INDIVIDUALS COVERED BY THIS
SYSTEM:

Authority for Maintenance of the System:

Categories of individuals covered by
this system are nonimmigrant aliens
entering and departing the United
States.
CATEGORIES OF RECORDS IN THIS SYSTEM:

The Nonimmigrant and Immigrant
Information System (NIIS) is a dataset
residing on the CBP Information
Technology (IT) platform and in paper
form. It contains arrival and departure
information collected from foreign
nationals entering and departing the
United States on such forms as the I–94
and I–94W, or through interviews with
CBP officers. This information consists
of the following data elements, as
applicable:
• Full Name (first, middle, and last);
• Date of birth;
• Email address, as required;
• Travel document type (e.g.,
passport information, permanent
resident card), number, issuance date,
expiration date and issuing country;
• Country of citizenship;
• Date of crossing both into and out
of the United States;
• Scanned images linked through the
platform;
• Airline and flight number;
• City of embarkation;
• Address while visiting the United
States;
• Admission number received during
entry into the United States;
• Whether the individual has a
communicable disease, physical or
mental disorder, or is a drug abuser or
addict;
• Whether the individual has been
arrested or convicted for a moral
turpitude crime, drugs, or has been
sentenced for a period longer than five
years;
• Whether the individual has engaged
in espionage, sabotage, terrorism, or
Nazi activity between 1933 and 1945;
• Whether the individual is seeking
work in the United States;
• Whether the individual has been
excluded or deported, or attempted to
obtain a visa or enter the United States
by fraud or misrepresentation;
• Whether the individual has ever
detained, retained, or withheld custody
of a child from a U.S. citizen granted
custody of the child;

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The legal authority for NIIS comes
from the Immigration and Nationality
Act, 8 U.S.C. 1103, 1184, 1354; the
Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law
108–458; the Homeland Security Act of
2002, Public Law 107–296; 5 U.S.C. 301;
and the Federal Records Act, 44 U.S.C.
3101.
PURPOSE(S):

NIIS is a repository of records for
persons arriving in or departing from
the United States as nonimmigrant
visitors and is used for entry screening,
admissibility, and benefits purposes.
The system provides a central repository
of contact information for such aliens
while in the United States and also
captures arrival and departure
information for determination of future
admissibility.
DHS maintains a replica of some or all
of the data in the operating system on
the unclassified and classified DHS
networks to allow for analysis and
vetting consistent with the above stated
purposes and this published notice.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

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

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B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department 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.

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H. 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 response to a
subpoena, or in connection with
criminal law proceedings.
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 to the proper performance
of the official duties of the officer
making the disclosure.
J. 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.
K. To an appropriate federal, state,
local, tribal, foreign, or international
agency, if the information is relevant
and necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or issuance
of a security clearance, license, contract,
grant, or other benefit, or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant, or other benefit and
when disclosure is appropriate to the
proper performance of the official duties
of the person making the request.
L. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations, for the purpose of
protecting the vital 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).
M. To federal and foreign government
intelligence or counterterrorism
agencies or components when CBP
becomes aware of an indication of a
threat or potential threat to national or
international security, or when such use
is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
N. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental

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organizations when DHS is aware of a
need to use relevant data for purposes
of testing new technology and systems
designed to enhance national security or
identify other violations of law.
O. 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 or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined 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 in the operational
system as well as on the unclassified
and classified network or on paper in
secure facilities in a locked drawer
behind a locked door. DHS/CBP stores
the records on magnetic disc, tape,
digital media, and CD–ROM. The data is
stored electronically at the CBP and
DHS Data Center for current data and
offsite at an alternative data storage
facility for historical logs, system
backups, and in paper form.
RETRIEVABILITY:

These records may be searched on a
variety of data elements including
name, addresses, place and date of entry
or departure, or country of citizenship
as listed in the travel documents used
at the time of entry to the United States.
An admission number, issued at each
entry to the United States to track the
particular admission, may also be used
to identify a database record.
SAFEGUARDS:

All NIIS records are protected from
unauthorized access through
appropriate administrative, physical,
and technical safeguards. These
safeguards include all of the following:
restricting access to those with a ‘‘need
to know’’; using locks, alarm devices,
and passwords; compartmentalizing
databases; auditing software; and
encrypting data communications.
NIIS information is secured in full
compliance with the requirements of the

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DHS IT Security Program Handbook.
This handbook establishes a
comprehensive program, consistent
with federal law and policy, to provide
complete information security,
including directives on roles and
responsibilities, management policies,
operational policies, and application
rules, which will be applied to
component systems, communications
between component systems, and at
interfaces between component systems
and external systems.
One aspect of the DHS comprehensive
program to provide information security
involves the establishment of rules of
behavior for each major application,
including NIIS. These rules of behavior
require users to be adequately trained
regarding the security of their systems.
These rules also require a periodic
assessment of technical, administrative,
and managerial controls to enhance data
integrity and accountability. System
users must sign statements
acknowledging that they have been
trained and understand the security
aspects of their systems. System users
must also complete annual privacy
awareness training to maintain current
access.
NIIS transactions are tracked and can
be monitored. This allows for oversight
and audit capabilities to ensure that the
data is being handled consistent with all
applicable federal laws and regulations
regarding privacy and data integrity.
RETENTION AND DISPOSAL:

NIIS data is subject to a retention
requirement. The information collected
and maintained in NIIS is used for entry
screening, admissibility, and benefits
purposes and is retained for seventy-five
(75) years from the date obtained.
However, NIIS records that are linked to
active law enforcement lookout records,
CBP matches to enforcement activities,
and/or investigations or cases will
remain accessible for the life of the law
enforcement activities to which they
may become related. The current
disposition for paper copy is 180 days
from date of departure. Records
replicated on the unclassified and
classified networks will follow the same
retention schedule.

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Assistant Commissioner, Office of
Information Technology, U.S. Customs
and Border Protection Headquarters,
1300 Pennsylvania Avenue NW.,
Washington, DC 20229.
NOTIFICATION PROCEDURE:

Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to

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RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

SYSTEM MANAGER AND ADDRESS:

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contest its content, may submit a
request in writing to CBP’s FOIA
Officer, 1300 Pennsylvania Avenue
NW., Washington, DC 20229.
When seeking records about yourself
from this system of records or any other
CBP 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 Director, Disclosure and FOIA,
http://www.dhs.gov or 1–866–431–0486.
In addition you 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/her agreement
for you to access his/her records.
Without this bulleted information
CBP 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.
In processing requests for access to
information in this system, CBP will
review not only the records in the
operational system but also the records
that were replicated on the unclassified
and classified networks, and based on
this notice provide appropriate access to
the information.

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

The system contains certain data
received on individuals, passengers and
crewmembers that arrive in, depart
from, or transit through the United
States. This system also contains
information collected from carriers that
operate vessels, vehicles, aircraft, and/or

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13401

trains that enter or exit the United States
and from the individuals upon crossing
the U.S. border.
Basic information is obtained from
individuals, the individual’s attorney/
representative, CBP officials, and other
federal, state, local, and foreign
agencies.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

No exemption shall be asserted with
respect to information maintained in the
system that is collected from a person or
submitted on behalf of a person, if that
person, or his or her agent, seeks access
or amendment of such information.
This system, however, may contain
information related to an ongoing law
enforcement investigation because the
information regarding a person’s travel
and border crossing was disclosed to
appropriate law enforcement in
conformance with the above routine
uses. As such pursuant to 5 U.S.C.
552a(j)(2) and (k)(2), DHS will claim
exemption from (c)(3); (e)(8); and (g) of
the Privacy Act of 1974, as amended, as
is necessary and appropriate to protect
this information.
Dated: February 27, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2015–05804 Filed 3–12–15; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2015–0145]

Cooperative Research and
Development Agreement—Coast
Guard Response Boat-Medium Data
Recorder
Coast Guard, DHS.
Notice of intent; request for
comments.

AGENCY:
ACTION:

The Coast Guard announces
its intent to enter into a Cooperative
Research and Development Agreement
(CRADA) with Vector Controls, Inc.
(Vector) to develop changes to the
response boat-medium (RB–M) onboard
engine data bus that will convert
Society of Automotive Engineers (SAE)
J1939 format to the National Marine
Electronics Association (NMEA) 0183/
2000 data format. A test schedule has
been proposed in which Vector will
develop and install the required RB–M
control system software upgrades and
relevant additional equipment; a Coast
Guard field unit will operate the RB–M
in normal operations; and the Coast

SUMMARY:

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