[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]
[[Page 14219]]
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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