[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14219-14222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04981]



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DEPARTMENT OF HOMELAND SECURITY

[Docket No. USCBP-2019-0039]


Privacy Act of 1974; System of Records

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of New 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 establish a new DHS system of 
records titled, ``Department of Homeland Security/U.S. Customs and 
Border Protection-026 Explorer Program System of Records.'' This system 
of records allows the DHS/U.S. Customs and Border Protection (CBP) to 
collect and maintain records on individuals who apply for, participate 
in, or sponsor a minor dependent for the CBP Law Enforcement Explorer 
Program, a work-based volunteer program for young adults interested in 
learning about law enforcement. The program gives individuals ages 14-
18 the opportunity to learn about law enforcement careers and serves as 
a stepping-stone for a career in law enforcement. The Explorer Program 
is chartered by Learning for Life/Boy Scouts of America as an 
educational resource program and sponsored by CBP as a personnel 
recruitment program.
    This newly established system will be included in the Department of 
Homeland Security's inventory of record systems.

DATES: Submit comments on or before April 10, 2020. This new system 
will be effective April 10, 2020.

ADDRESSES: You may submit comments, identified by docket number USCBP-
2019-0039 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-2019-0039. 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, 1300 Pennsylvania Avenue 
NW, Room 3.3D, Washington, DC 20229. For privacy questions, 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 establish a new DHS system of records titled, ``DHS/CBP-026 
Explorer Program System of Records.''
    The CBP Explorer Program allows youth between the ages of 14 and 18 
to learn about law enforcement careers and serves as a stepping-stone 
for a career in law enforcement. The Explorer Program is chartered by 
Learning for Life/Boy Scouts of America (LFL/BSA) as an educational 
resource program and sponsored by CBP as a personnel recruitment 
program. All members of the CBP Explorer Program are members of the 
LFL/BSA. In order to participate, applicants must submit information to 
CBP related to their eligibility for the program. A variety of forms 
are required as part of the application package, including general 
application forms, consent forms and waivers, medical releases, and 
background check authorizations. For applicants under the age of 18, a 
parent or legal guardian is required to provide information about him 
or herself as part of the application process. Parents and legal 
guardians are also subject to background checks during the application 
process to obtain and verify information provided by applicants. 
Candidates accepted to the program attend a 10-week training academy 
and are then posted with the Office of Field Operations at Ports of 
Entry and/or with U.S. Border Patrol at Border Patrol stations. 
Explorers participate in regular meetings, activities, and trainings at 
their post until they ``age out'' or resign from the Program.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/CBP-026 Explorer Program System of Records may be 
shared with other DHS Components that have a need to know the 
information to carry out their national security, law enforcement, 
immigration, intelligence, or other homeland security functions. In 
addition, DHS/CBP may share information with appropriate federal, 
state, local, tribal, territorial, foreign, or international government 
agencies consistent with the routine uses set forth in this system of 
records notice.
    This newly established 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 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-026 Explorer Program 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)-026 Explorer Program System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    DHS/CBP maintains records at individual CBP Office of Field 
Operations Field Offices or Ports of Entry; U.S. Border Patrol Sectors 
or Stations; and CBP Headquarters at 1300 Pennsylvania Avenue NW, 
Washington, DC 20229.

SYSTEM MANAGER(S):
    Director of Field Operations for each Office of Field Operations 
location, and Sector Chief for each U.S. Border Patrol Sector location.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 302, Delegation of 
authority; 5 U.S.C. 3111, Acceptance of volunteer service; 44 U.S.C. 
3101, Records management by agency heads, general duties; Federal 
Information Security Act (Pub. L. 104-106, section 5113); E-Government 
Act (Pub. L. 104-347, section 203); Paperwork Reduction Act of 1995 (44 
U.S.C. 3501); Government Paperwork Elimination Act (44 U.S.C. 3504); 
Homeland Security Presidential Directive-12, Policies for a Common 
Identification Standard for Federal Employees and Contractors, August 
27, 2004; Federal Property and Administrative Act of 1949, as amended 
(40 U.S.C. 521); the Intelligence Reform and Terrorism Prevention Act 
of 2004, Public Law 108-458, Section 3001 (50 U.S.C. 3341); Executive 
Order 9397, Numbering System for Federal Accounts Relating to 
Individual Persons, as amended by Executive Order 13478; Homeland 
Security Act of 2002, Public Law 107-296, as amended (6 U.S.C. 341).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to collect information on applicants, 
participants, and parents/legal guardians sponsoring a dependent for 
participation in the CBP Explorer Program, and any references provided 
on the applications, to ensure that (1) applicants meet the required 
qualifications for program participation; that (2) applicants and their 
parents and legal guardians, if appropriate, do not have a criminal 
history that would preclude them from accessing CBP personnel and 
facilities; and (3) ensure the safety and welfare of program 
participants. CBP uses information from Explorer Program participants 
to administer the program and to monitor the participant's progress and 
achievements, and to ensure that CBP can attend to the participant's 
medical and other needs if they arise while the individual is 
participating in program trainings and activities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals within this system include (1) potential 
applicants to the Explorer Program who submit preliminary information 
to CBP; (2) applicants who have submitted partial or complete 
application materials; (3) current and former participants in the 
Explorer Program; (4) parents and legal guardians of Explorer 
applicants and participants, as well as others authorized by the parent 
or legal guardian to pick up or otherwise provide support to the 
participant; and (5) individuals serving as references or providing 
information to verify eligibility for Explorer program participation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    CBP maintains the following information related to the Explorer 
Program:
     Applicant first name, middle initial, and last name;
     Applicant age and date of birth;
     Applicant place of birth;
     Identification information (driver's license, birth 
certificate, or other identifying information);
     Social Security number (Applicant/Participant/Parents/
Guardians);
     Photocopies of any relevant identity documents;
     Applicant Citizenship status;
     Applicant Ethnic background;
     Photos or videos provided during the Explorer's tenure in 
the Program;
     Emergency contact information;
     Applicant Gender;
     Applicant Phone numbers;
     Applicant Email addresses;
     Notary Information, if required for certain application 
forms;
     Applicant Mailing addresses, including ZIP code;
     Applicant/participant education information;
     Applicant/participant employment information;
     Applicant/participant annual health and medical 
information, including but not limited to: Medical history; current and 
prior medical conditions and diagnoses; symptoms reported and exhibited 
treatment and prescription information; special needs and 
accommodations; health insurance information; and other records related 
to the assessment and treatment of a health or medical issue;
     Parent/guardian general contact information;
     Parent/guardian employment information;
     Applicant/participant and parent/guardian general consent 
information;
     Background check results for applicants and parents/
guardians (clear/no clear response only; no details or copies of the 
background check are maintained among these records); and
     General information related to the individuals' training 
and performance in the program.

RECORD SOURCE CATEGORIES:
    DHS/CBP may obtain records about applicants, and parents/guardians 
directly from the individual, or through Learning for Life/Boy Scouts 
of America.

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)

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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 an organization or person 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 
criminal or terrorist activity or conspiracy, or when the information 
is relevant to the protection of life, property, or other vital 
interests of a person.
    J. 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, including 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.
    K. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate in the proper 
performance of the official duties of the officer making the 
disclosure.
    L. To any nonprofit organization or entity, such as ``Learning for 
Life'' or the ``Boy Scouts of America,'' to the extent necessary to 
administer the CBP Explorer Program and ensure the health, safety, and 
welfare of program participants.
    M. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/CBP stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS/CBP retrieves records by an individual's name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    CBP is in the process of drafting a proposed records retention 
schedule for the information maintained in the CBP Explorers SORN. CBP 
will delete records when superseded, obsolete, or when an individual 
submits a request to the agency to remove the records. In general, and 
unless it receives a request for removal, CBP will maintain these 
records for 2 years after the individuals leave the program, at which 
point the records will be considered obsolete and deleted and shredded.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/CBP safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. DHS/CBP has imposed strict controls to 
minimize the risk of compromising the information that is being stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

RECORD ACCESS PROCEDURES:
    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 
Freedom of Information Act (FOIA) Officer, whose contact information 
can be found at http://www.dhs.gov/foia under ``Contacts 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 you may be available under the Freedom of 
Information Act (FOIA).
    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 the individual's signature must either be notarized or 
submitted under 28 U.S.C. 1746, a law that permits statements to be 
made under penalty of perjury as a substitute for notarization. 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 
the 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

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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 the 
Department component that maintains the record, unless the record is 
not subject to amendment or correction. 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.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-04981 Filed 3-10-20; 8:45 am]
 BILLING CODE 9111-14-P