[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14214-14218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04980]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. USCBP-2019-0043]
Privacy Act of 1974; System of Records
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice of modified Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue the current DHS
system of records titled ``Department of Homeland Security/U.S. Customs
and Border Protection-002 Global Enrollment System,'' and rename it as
``Department of Homeland Security/U.S. Customs and Border Protection-
002 Trusted and Registered Traveler Programs.'' This system of records
allows the Department of Homeland Security/U.S. Customs and Border
Protection (CBP) to collect and maintain records on individuals who
voluntarily provide personally identifiable information to CBP in
return for enrollment in a program that will make them eligible for
dedicated CBP processing at designated U.S. border ports of entry,
including all trusted traveler and registered traveler programs.
DATES: Submit comments on or before April 10, 2020. This modified
system will be effective April 10, 2020.
ADDRESSES: You may submit comments, identified by docket number USCBP-
2019-0043 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.
Instructions: All submissions received must include the agency name
and docket number USCBP-2019-0043. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Debra L. Danisek, (202) 344-1610, [email protected], CBP Privacy
Officer, U.S. Customs and Border Protection, Ronald Reagan Building,
1300 Pennsylvania Avenue NW, Washington, DC 20229. For privacy issues,
please contact: Jonathan R. Cantor (202) 343-1717, [email protected],
Acting 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, 5 U.S.C. 552a, DHS/CBP
proposes to update, rename, and reissue a current DHS system of records
newly titled, ``DHS/CBP-002 Trusted and Registered Traveler Programs
(TRTP).'' Formerly titled the ``Global Enrollment System,'' this system
of records allows CBP to collect and maintain records on individuals
who voluntarily provide personally identifiable information to CBP in
return for enrollment in a program that will make them eligible for
dedicated CBP processing at designated U.S. border ports of entry. This
system of records includes information on individuals who participate
in trusted traveler and registered traveler programs. This system of
records notice is being re-published under the new name, with a more
comprehensive description of these programs, and the removal of
references to the CBP Trusted Worker Programs, which are covered under
the DHS/CBP-010 Persons Engaged in International Trade in Customs and
Border Protection Licensed/Regulated Activities System of Records
Notice (December 19, 2008, 73 FR 77753).
Trusted traveler programs facilitate processing for pre-approved
members, permitting more efficient inspections, and helping move
participants through the lines at the port of entry or other designated
locations more expeditiously. CBP's trusted traveler programs include:
Global Entry,\1\ which enables CBP to provide U.S.
citizens, lawful permanent residents (LPRs), and citizens of certain
foreign countries dedicated processing when arriving at airports with
designated Global Entry kiosks.
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\1\ Final Rule, Establishment of Global Entry Program (77 FR
5681, Feb. 6, 2012).
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NEXUS, which allows pre-screened travelers dedicated
processing when entering the United States and Canada. Program members
use specific processing lanes at designated U.S.-Canada border ports of
entry, NEXUS kiosks when entering Canada by air, and Global Entry
kiosks when entering the United States via Canadian Preclearance
airports. NEXUS members also receive dedicated processing at marine
reporting locations.
Secure Electronic Network for Travelers Rapid Inspection
(SENTRI), which provides dedicated processing clearance for pre-
approved travelers using designated primary lanes entering the United
States at land border ports of entry along the U.S.-Mexico border.
The Free and Secure Trade (FAST) program, which provides
dedicated processing for pre-approved commercial truck drivers from the
United States, Canada, and Mexico. Members may use dedicated FAST lanes
at both northern and southern border ports.
The U.S.-Asia Economic Cooperation (APEC) Business Travel
[[Page 14215]]
Card (ABTC) Program, which allows for U.S. business travelers or
government officials engaged in business in the APEC region dedicated
screening at participating airports.
Individuals who apply for enrollment in a trusted traveler program
must provide biographic and certain biometric information to CBP, as
described below. CBP screens this information against databases to
verify eligibility for trusted traveler program participation. Once an
applicant is approved and enrolls in the trusted traveler program, his
or her information is vetted by CBP on a recurrent basis to ensure
continued eligibility.
CBP also sponsors registered traveler programs that, like trusted
traveler programs, allow individuals to provide their information to
CBP voluntarily prior to travel in order to qualify for dedicated
processing. Unlike trusted travelers, registered travelers are not
subject to vetting, but rather maintain information on file with CBP to
better facilitate their arrival at ports of entry.
Registered traveler programs include:
Decal and Transponder Online Procurement System (DTOPS),
which allows individuals registered to eligible commercial vehicles to
pay their annual user fees in advance online and cross the border using
decals or transponders that facilitate CBP inspection.
Pleasure boat reporting options, which allow operators of
small vessels arriving in the United States from a foreign location to
report their arrival to CBP remotely instead of in person as required
under 19 U.S.C. 1433. Travelers who are members of another CBP trusted
traveler program, who hold an I-68 Canadian Border boat landing permit,
or who participate in the Local Border Option (LBO) may be eligible for
remote arrival reporting.
CBP has signed a number of joint statements with foreign partners
to permit citizens of certain foreign countries to apply for Global
Entry. Some of these joint statements also permit Global Entry members
to apply for trusted traveler programs operated by foreign partners.
CBP continues to work with government border authorities in various
countries to create this growing international network. As part of the
procedure for implementing a joint statement, and adding foreign
partners to Global Entry, CBP and each foreign partner execute parallel
procedures that incorporate privacy protections. A more in-depth
discussion of the arrangements by country is made available in DHS/CBP/
PIA-002(b) GES Privacy Impact Assessment and Appendix A ``CBP Global
Entry Expansion: Joint Statements.''
The authority for TRTP derives from CBP's mandate to secure the
borders of the United States, and to facilitate legitimate trade and
travel. The statutes that permit and define these programs include:
Section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA), as amended, 8 U.S.C. 1365b(k);
Section 215 of the Immigration and Nationality Act, as
amended, 8 U.S.C. 1185;
Section 402 of the Homeland Security Act of 2002, as
amended, 6 U.S.C. 202;
Section 404 of the Enhanced Border Security and Visa
Reform Act of 2002, 8 U.S.C. 1753; and
Section 433 of the Tariff Act of 1930, as amended, 19
U.S.C. 1433.
The Regulations that permit and define TRTP include Parts 103 and
235 of Title 8 of the Code of Federal Regulations. See, especially, 8
CFR 103.2, 103.7, 103.16, 235.1, 235.2, 235.7, and 235.12. Pursuant to
the Independent Offices Appropriations Act of 1952, 31 U.S.C. 9701,
individuals seeking to enroll in trusted traveler or registered
traveler programs must pay a fee when they apply or renew their
membership. See 8 CFR 103.7(b)(1)(ii)(M).
Participation in these programs is entirely voluntary. Joint
Statements with foreign partners establish that each country's use of
GES information for vetting will be consistent with applicable domestic
laws and policies. Participants should be aware that when they submit
their information to a foreign country or agree to share their
information with a foreign partner, the foreign country uses,
maintains, retains, or disseminates their information in accordance
with that foreign country's laws and privacy protections.
Consistent with DHS's information sharing mission, GES information
may be shared with other DHS components whose personnel 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 consistent with the routine uses set forth in this
system of records notice.
DHS/CBP is simultaneously issuing a notice of proposed rulemaking
to exempt portions of the DHS/CBP-002 TRTP SORN from the Privacy Act
requirements. Pursuant to 5 U.S.C. 552a(j)(2) of the Privacy Act, law
enforcement related records, including the information from other law
enforcement databases that support the DHS/CBP membership decision, and
the law enforcement risk assessment worksheet that have been created
during the background check and vetting process, are exempt from 5
U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5), and (e)(8); (f); and (g)(1). Pursuant to
5 U.S.C. 552a(k)(2), records created during the background check and
vetting process are exempt from the following provisions of the Privacy
Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I);
and (f). In addition, when a record contains information from other
exempt systems of records, DHS/CBP will claim the same exemptions for
that record as are claimed for the original systems of records and will
claim any additional exemptions that this notice delineates.
CBP will not assert any exemptions with regard to accessing or
amending an individual's application data in a trusted or registered
traveler program and/or final membership determination in the trusted
traveler programs. However, this data may be shared with law
enforcement and/or intelligence agencies pursuant to the routine uses
identified in the TRTP SORN. The Privacy Act requires that DHS maintain
an accounting of such disclosures made pursuant to all routine uses.
Disclosing the fact that a law enforcement and/or intelligence agency
has sought particular records may affect ongoing law enforcement
activity. As such, pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), DHS will
claim an exemption from (c)(3), (e)(8), and (g)(1) of the Privacy Act,
as is necessary and appropriate to protect this information. 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.'' 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 a statutory right to covered persons to make
[[Page 14216]]
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-002 TRTP 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)-002 Trusted and Registered Traveler Programs (TRTP).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the CBP Headquarters in Washington, DC
and field offices. CBP maintains records in the Trusted Traveler
Programs (TTP) information technology system, as well as other
applications that support trusted traveler and registered traveler
application and program management. CBP may also maintain these records
in various CBP law enforcement systems for participant screening.
SYSTEM MANAGER(S):
Trusted Traveler Program Manager, Office of Field Operations, and
Executive Director, Passenger Systems Program Directorate, Office of
Information and Technology, U.S. Customs and Border Protection, 1300
Pennsylvania Ave. NW, Washington, DC 20229.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 7208 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (IRTPA), as amended, 8 U.S.C. 1365b(k); Section 215 of the
Immigration and Nationality Act, as amended, 8 U.S.C. 1185; Section 402
of the Homeland Security Act of 2002, as amended, 6 U.S.C. 202; Section
404 of the Enhanced Border Security and Visa Reform Act of 2002, 8
U.S.C. 1753; Section 433 of the Tariff Act of 1930, as amended, 19
U.S.C. 1433; 31 U.S.C. 9701; and Parts 103 and 235 of Title 8 of the
Code of Federal Regulations (See, especially, 8 CFR 103.2, 103.7,
103.16, 235.1, 235.2, 235.7, and 235.12).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to assess on an ongoing basis
applicants' eligibility for enrollment in trusted traveler and
registered traveler programs.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who apply
to use any form of automated or other expedited inspection for
verifying eligibility to cross the border into the United States.
CATEGORIES OF RECORDS IN THE SYSTEM:
TRTP collects the following information on trusted travelers:
Biographic application data, including:
Full name;
Alias(es);
Date of birth;
Place of birth;
Language preference;
Gender;
Current and former addresses;
Telephone numbers;
IP address;
Country of citizenship;
Alien registration number (if applicable);
Employment history (if available);
PASS ID or Trusted Traveler membership number;
Countries visited in the last five years;
Criminal history (provided by applicant);
Parental or Legal Guardian permission (if 18 years or
younger);
Driver's license number;
Issuing state or province of the applicant's Driver's
License;
Trusted Traveler Program System (TTP) user name and
password (password is maintained in an encrypted format); and
Answers to security questions to reset password.
Vehicle or Vessel information, as appropriate, including:
Flag and home port (where the vessel is foreign flagged);
Name, registration number, and registration issuing state
or province of the applicant's vessel;
Make and model, year, color, Vehicle Identification Number
(VIN), and license plate number of the vehicle; and
Owner name, gender, and date of birth.
Biometric data, including:
Fingerprints (collected and stored through the DHS
Automated Biometric Identification System (IDENT) for future identity
verification);
Fingerprint Identification Number (FIN);
Height;
Eye color; and
Facial photographs.
Information added by DHS/CBP:
Criminal history information, as well as responsive
information from other law enforcement databases that support the DHS/
CBP membership decision;
Law enforcement risk assessment worksheet;
Pay.gov tracking number;
Program membership decision in the form of a ``pass/
fail;'' and
Foreign government membership decisions in the form of a
``pass/fail.''
The following information is collected on registered pleasure boat
travelers:
Full name;
Gender;
Date of birth;
Place of birth;
Country of citizenship;
Address;
Contact telephone number;
Alternate telephone number;
Contact email address;
Password;
Document type and number (e.g., U.S. Passport, Permanent
Resident Card, Birth Certificate), place of issue, and expiration date
of document; and
Vessel information including registration number, hull ID
number, decal number, registered name, location where vessel is
registered, and vessel description (e.g., length, type, manufacturer,
model, year, hull colors).
The following information is collected about Decal and Transponder
Online Procurement System (DTOPS) registered travelers:
Account name;
Physical address;
Shipping address;
Pay.gov tracking number;
Free and Secure Trade (FAST) ID, if the conveyance's owner
is Customs Trade Partnership Against Terrorism (C-TPAT)/FAST approved;
Conveyance model year;
Conveyance manufacturer name;
Conveyance identification numbers and information, which
are specific to the type of conveyance (e.g., local registration
number, an aircraft's tail number, Coast Guard ID number, vessel name);
Contact name;
Contact telephone number; and
Contact email address.
RECORD SOURCE CATEGORIES:
TRTP records are obtained from the individual and from external law
enforcement systems. DHS/CBP may use a number of DHS/CBP databases
during the vetting process before individuals will be enrolled and
accepted in any trusted traveler program. These databases include the
Automated Targeting System (ATS), which contains historical and
enforcement data on travelers, and provides a gateway to other sources
of data. These other external sources include the Terrorist Screening
Database, FBI criminal history, and National Crime and
[[Page 14217]]
Information Center outstanding wants/warrants, vehicle and driver's
license-related data contained in the International Justice and Public
Safety Network's National Law Enforcement Telecommunications System
(Nlets) system, and Department of State alien records, lookouts, and
status indicators. Vetting results are also based on checks of the
FBI's Integrated Automated Fingerprint Identification System for
criminal history and IDENT for immigration related records. Trusted
traveler applicants from partnering foreign countries will have
membership determinations recorded in TRTP that are received by DHS/CBP
from their home country's government.
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 Offices of the
U.S. Attorneys, or other federal agencies 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, 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. secs. 2904
and 2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when (1) DHS
suspects or has confirmed that there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with DHS's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
F. To another Federal agency or Federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, 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 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 foreign governments, at the request of the individual, for
the purpose of applying to that country's trusted traveler program.
J. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency for the purpose of determining an
individual's eligibility for membership in a trusted traveler or
registered traveler program.
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, or to assist in anti-terrorism efforts.
L. 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.
M. 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, which relate to the purpose(s) stated in this
SORN, for purposes of testing new technology.
N. 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:
Records may be retrieved by any of the personal identifiers listed
in the categories of records above.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
CBP is proposing to NARA the following retention schedules: Trusted
traveler data is retained for the duration of an individual's active
membership plus three years after an individual's membership is no
longer active, either as a result of expiration without renewal at the
end of a five-year term, as a result of abandonment, or as a result of
CBP termination. DTOPS master file data is retained for twelve years
after the account, decal, transponder, or VIN is inactive or
deactivated.
[[Page 14218]]
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. 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:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act,
and the Judicial Redress Act if applicable, because it is a law
enforcement system. However, DHS/CBP will consider individual requests
to determine whether information may be released. Thus, 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 CBP's 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. Even if neither the Privacy Act
nor the Judicial Redress Act provide a right of access, certain records
about the individual 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 individual must provide his/her full name,
current address, and date and place of birth. The individual must sign
the request, and 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. While
no specific form is required, an individual may obtain forms for this
purpose from the Chief Privacy Officer and Chief Freedom of Information
Act Officer, 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.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to CBP. The
request should identify each particular record in question, state the
amendment or correction desired, and state why the individual believes
that the record is not accurate, relevant, timely, or complete. The
individual may submit any documentation that would be helpful. If the
individual believes that the same record is in more than one system of
records, the request should state that and be addressed to each
component that maintains a system of records containing the record.
Regardless of whether the Privacy Act or JRA applies, travelers who
believe that records in this system maintain incorrect or inaccurate
information may direct inquiries to the CBP Info Center, 1300
Pennsylvania Avenue NW, Washington, DC 20229. Travelers may also
contact the DHS Traveler Redress Inquiry Program (DHS TRIP), 601 South
12th Street, TSA-901, Arlington, VA 22202-4220 or online at
www.dhs.gov/dhs-trip if they have experienced a travel-related
screening difficulty, including those they believe may be related to
incorrect or inaccurate information retained in their record(s).
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2)
seeks to exempt the law enforcement related records, including
information from other law enforcement databases that support the DHS/
CBP membership decision, and the law enforcement risk assessment
worksheet that have been created during the background check and
vetting process, from the following provisions of the Privacy Act: 5
U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5), and (e)(8); (f); and (g)(1).
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(k)(2), seeks to exempt records created during the background check
and vetting process from the following provisions of the Privacy Act: 5
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),(e)(4)(I); and
(f).
Also, the Privacy Act requires DHS maintain an accounting of such
disclosures made pursuant to all routine uses. However, disclosing the
fact that CBP has disclosed records covered by this SORN to an external
law enforcement and/or intelligence agency may negatively affect and
interfere with ongoing law enforcement, intelligence, or national
security activity. As such, pursuant to 5 U.S.C. 552a(j)(2) and (k)(2),
DHS will claim an exemption from (c)(3), (e)(8), and (g)(1) of the
Privacy Act, as is necessary and appropriate to protect this
information.
In addition, when a record contains information from other exempt
systems of records, DHS/CBP will claim the same exemptions for that
record as are claimed for the original systems of records and will
claim any additional exemptions that this notice delineates.
Finally, in its discretion, CBP may not assert any exemptions with
regard to accessing or amending an individual's application data in a
trusted or registered traveler program or accessing their final
membership determination in the trusted traveler programs.
HISTORY:
DHS/CBP-002 Global Enrollment System, 78 FR 3441 (January 18,
2013); DHS/CBP-002 Global Enrollment System of Records, 71 FR 20708
(April 21, 2006).
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-04980 Filed 3-10-20; 8:45 am]
BILLING CODE 9111-14-P