[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Notices]
[Pages 67755-67758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28406]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0102]


Privacy Act of 1974; Department of Homeland Security U.S. Customs 
and Border Protection DHS/CBP-003 Credit/Debit Card Data System of 
Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 the Department of 
Homeland Security proposes to establish a new Department of Homeland 
Security system of records notice titled ``Department of Homeland 
Security/U.S Customs and Border Protection--003 Credit/Debit Card Data 
System of Records.'' This system allows U.S. Customs and Border 
Protection to collect, use, and maintain records

[[Page 67756]]

related to any credit and debit card transactions with it has with 
individuals. Additionally, the Department of Homeland Security is 
issuing a Notice of Proposed Rulemaking to exempt this system of 
records from certain provisions of the Privacy Act, concurrent with 
this system of records elsewhere in the Federal Register. This newly 
established system will be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before December 2, 2011. This new system 
will be effective December 2, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0102 by one of the following methods:
     Federal e-Rulemaking Portal: http://;www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (703) 483-2999.
     Mail: Mary Ellen Callahan, 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: 
Laurence E. Castelli (202) 325-0280) Privacy Officer, Office of 
International Trade, U.S. Customs and Border Protection, Mint Annex, 
799 Ninth Street NW., Washington, DC 20229. For privacy issues please 
contact: Mary Ellen Callahan (703) 235-0780, Chief Privacy Officer, 
Privacy Office, U.S. 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) U.S. Customs and Border 
Protection (CBP) proposes to establish a new DHS system of records 
notice titled, ``DHS/CBP-003 Credit/Debit Card Data System of 
Records.''
    This system collects, uses, and maintains records related to any 
credit and debit card transactions with CBP. CBP is providing notice to 
the public regarding the collection, use, and dissemination of any 
credit and debit card transaction information provided to CBP. Many 
programs administered by CBP require an individual or business to 
provide payment for various purposes, including services, applications, 
fees, and duties, among others. As CBP expands methods of payment, many 
of these transactions will permit use of credit and debit cards, which 
will require the collection of the card data, disseminating that data 
to process the transaction, and maintaining the data for recordkeeping 
purposes. Information from this system will be shared with the 
Department of Treasury, banks, and credit and debit card processors as 
necessary. The data will not be used for law enforcement or 
intelligence purposes unless the individual's underlying transaction 
becomes associated with a law enforcement or intelligence action.
    The purpose of this system is to provide payment processing and 
recordkeeping of credit and debit card transactions with CBP. Authority 
for maintenance of this system is given by The Homeland Security Act of 
2002, Public Law 107-296; 5 U.S.C. 301; 8 U.S.C. 1101, et seq.; 19 
U.S.C. 1, et seq.; Section 711 of the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (9/11 Act), (Pub. L. 110-53); and the 
Travel Promotion Act (Pub. L. 111-145).
    This newly established system will allow CBP to collect credit and/
or debit card payment information from individuals providing payment to 
CBP for services, applications, fees, duties, and other official 
activities. Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
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. All routine uses proposed are 
compatible with the purpose for which the information was collected and 
CBP's mission.
    Consistent with DHS's information sharing mission, information 
stored in the Credit/Debit Card Data system of records may be shared 
with other DHS components, as well as appropriate federal, state, 
local, foreign, or international or tribal government agencies. This 
sharing will only take place after DHS determines that the receiving 
component or agency has a need to know the information to carry out 
national security, law enforcement, immigration, intelligence, or other 
functions consistent with the routine uses set forth in this system of 
records notice.
    Additionally, the Department of Homeland Security is issuing a 
Notice of Proposed Rulemaking to exempt this system of records from 
certain provisions of the Privacy Act, concurrent with this system of 
records elsewhere in the Federal Register. DHS is not exempting any 
data in the system regarding an individual's credit or debit card 
transaction. This system, however, may contain records or information 
pertaining to the accounting of disclosures made from this system to 
other law enforcement or intelligence agencies (federal, state, local, 
foreign, international or tribal) in accordance with the published 
routine uses or statutory basis for disclosure under 5 U.S.C. 552a(b). 
For the accounting of these disclosures only, in accordance with 5 
U.S.C. 552a (j)(2), and (k)(2), DHS will claim exemptions for these 
records or information.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates 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 for 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 United States citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals where systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses to 
their records are put, and to assist individuals to more easily find 
such files within the

[[Page 67757]]

agency. Below is the description of the U.S. Customs and Border 
Protection DHS/CBP-003 Credit/Debit Card Data 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)--003

System name:
    DHS/CBP--003 Credit/Debit Card Data System.

Security classification:
    Unclassified.

System location:
    Records are maintained in the Automated Commercial System at the 
CBP Headquarters in Washington, DC and field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include any 
individuals that provide credit or debit card information as a means of 
payment to CBP.

Categories of records in the system:
    Categories of records in this system include:
     Individual's Name;
     Address;
     Billing Name;
     Billing Address;
     Credit or Debit Card Number;
     Card Expiration Date;
     Charge Amount;
     Authorization Number; and
     Tracking numbers.

Authority for maintenance of the system:
    The Homeland Security Act of 2002, Public Law 107-296; 5 U.S.C. 
301; 8 U.S.C. 1101, et seq.; 19 U.S.C. 1, et seq.; Section 711 of the 
Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 
Act), (Pub. L. 110-53); and the Travel Promotion Act (Pub. L. 111-145).

Purpose(s):
    The purpose of this system is to provide payment processing and 
recordkeeping of credit and debit card transactions with CBP.

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 (including United States Attorney 
Offices) or other federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is relevant and 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 of DHS in his/her official capacity;
    3. any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. the United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    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 or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual 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 harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual 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, local, foreign, international 
or tribal law enforcement agency or other appropriate authority charged 
with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where 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 the Department of Treasury's Pay.gov, banks, and credit and 
debit card processors, for payment processing and payment 
reconciliation purposes.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by any of the data elements listed in 
categories of records, above.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
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.

[[Page 67758]]

Retention and disposal:
    Payment information will be maintained in this system for nine 
months in an active state to reconcile accounts and six years and three 
months in an archived state in conformance with NARA General Schedule 6 
Item 1 Financial Records management requirements. The nine month active 
status is necessary to handle reconciliation issues (including 
chargeback requests and retrievals). CBP must respond to these issues 
within 10 to 15 days or lose the payment.

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

Notification procedure:
    The Secretary of Homeland Security has exempted portions of this 
system from the notification, access, and amendment procedures of the 
Privacy Act because it is a law enforcement system. However, CBP will 
consider individual requests to determine whether or not information 
may be released. Thus, 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 
Headquarters or component's FOIA Officer, whose contact information can 
be found at http://www.dhs.gov/foia under ``contacts.'' 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, 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 Director, 
Disclosure and FOIA, http://www.dhs.gov or 1-(866) 431-0486. In 
addition you should provide the following:
     An explanation of 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,
     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 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.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Records are obtained from individuals directly in the course of 
collecting payment for various purposes, including services, 
applications, fees, and duties, among others.

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

    Dated: October 3, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-28406 Filed 11-1-11; 8:45 am]
BILLING CODE 9110-06-P