[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Notices]
[Pages 1175-1178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00183]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. USCBP-2021-0051]


Privacy Act of 1974; System of Records

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

ACTION: Notice of a modified 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, retitle, and reissue a 
current DHS system of records titled, ``DHS/U.S. Customs and Border 
Protection (CBP)-025 National Frontline Recruitment Hiring System of 
Records.'' This system of records allows DHS/CBP to collect and 
maintain records on individuals for the purpose of marketing 
information related to CBP employment, managing communication with 
potential applicants or individuals who attend career fairs or meetings 
at which CBP maintains a presence for recruitment and hiring, and for 
other recruitment and hiring activities for which mailing or contact 
lists may be created. DHS/CBP is updating this system of records notice 
to (1) change the name of the system of records to ``CBP Recruitment 
and Hiring System of Records;'' (2) expand the category of individuals 
covered by the system to include all potential applicants for 
employment with CBP; (3) update the authority for maintenance of this 
system; (4) modify the retention and disposal of records; and (5) 
expand the category of records to include disability status and 
education. Additionally, this notice includes non-substantive changes 
to simplify the formatting and text of the previously published notice. 
This modified system will be included in DHS's inventory of record 
systems.

DATES: Submit comments on or before February 9, 2022. New or modified 
routine uses will be effective February 9, 2022.

ADDRESSES: You may submit comments, identified by docket number USCBP-
2021-0051 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: Lynn Parker Dupree, Chief Privacy Officer, Privacy 
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name 
and docket number USCBP-2021-0051. 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, CBP Privacy Officer, U.S. Customs and Border 
Protection, 1300 Pennsylvania Avenue NW, Room 3.3D, Washington, DC 
20229, [email protected] or (202) 344-1610. For privacy 
questions, please contact: Lynn Parker Dupree, (202) 343-1717, 
[email protected], Chief Privacy Officer, Privacy Office, U.S. 
Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    CBP is modifying, retitling, and reissuing DHS/CBP-025 National 
Frontline Recruitment and Hiring System of Records. CBP is updating 
this SORN to re-name and expand the purpose of the existing SORN to 
``CBP Recruitment and Hiring System of Records,'' eliminating the term 
``National Frontline'' since CBP conducts recruitment and hiring 
outreach across all CBP positions within the United States and abroad. 
CBP uses records covered by this SORN to recruit and retain a world-
class civilian and law enforcement workforce as one of CBP's top 
mission support priorities. Through recruitment outreach, market 
research, data analytics, advertising, technology innovations, call 
center support, and marketing services, CBP conducts recruitment and 
hiring

[[Page 1176]]

campaigns to meet staffing requirements. These targeted efforts 
identify potential applicants and help them navigate the complex and 
multi-step hiring process for CBP positions.
    CBP is expanding the category of individuals contained in this SORN 
to include all applicants for any CBP civil service and law enforcement 
recruitment opportunities within the United States and abroad, instead 
of only providing coverage for CBP national frontline law enforcement 
positions. To generate a sufficient number of qualified applicants and 
meet aggressive recruiting goals, CBP must cultivate a large volume of 
interested and well-qualified applicants for all positions.
    CBP is removing references to Executive Order 13767, Border 
Security and Immigration Enforcement Improvements, as an authority for 
the maintenance of the system because it was revoked by a subsequent 
Executive Order. CBP is now relying on 5 U.S.C. 2301(b)(1)-(2), Merit 
system principles; 5 U.S.C. 3101, General authority to employ; 5 U.S.C. 
3301, Civil service; generally; Section 501 of the Rehabilitation Act 
of 1973; Americans with Disability Act (ADA) Amendments of 2008; 
Executive Order 14035, Diversity, Equity, Inclusion, and Accessibility 
in the Federal Workforce (June 25, 2021); and Executive Order 13548, 
Increasing Federal Employment of Individuals with Disabilities (July 
10, 2010) as the authority for maintaining the system.
    CBP is modifying this SORN to update the retention and disposal of 
records to reflect the most recent National Archives and Records 
Administration (NARA)-approved records schedule which permits CBP to 
retain records in the system for five years.
    Finally, in support of CBP's affirmative action plans, pursuant to 
29 U.S.C. 791 and 29 CFR 1614.203, subparagraphs (d), we are expanding 
the category of records to include the disability status and education 
to allow individuals who are interested in CBP to voluntarily self-
identify and permit CBP to direct the individual to the correct CBP 
recruitment office.\1\ CBP conducts coordinated initiatives in support 
of recruitment and hiring, including: (1) Marketing, branding, and 
public opinion research; (2) direct advertising to individuals who have 
expressed an interest in employment opportunities with CBP; (3) direct 
advertising to individuals who have expressed an interest in employment 
opportunities to a third-party for employment purposes, who have 
affirmed that they may be contacted by potential employers; and (4) 
communication with individuals who have provided their information to 
CBP, including response to screening questions, in support of the 
preliminary application process. These activities might entail the 
collection of limited biographic information, contact information, and 
information pertinent to employment from members of the public who have 
not yet applied for a CBP job announcement.
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    \1\ The Americans with Disability Act and the Equal Employment 
Opportunity Commission (EEOC) provide specific guidance when asking 
applicants to self-identify and the request is pursuant to an 
agency's affirmative action program. See EEOC Enforcement Guidance: 
Preemployment Disability-Related Questions and Medical Examinations, 
No. 915.002 (Oct. 10, 1995), available at https://www.eeoc.gov/laws/guidance/enforcement-guidance-preemployment-disability-related-questions-and-medical.
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    This SORN provides coverage for CBP's recruitment and hiring 
efforts. The SORN does not cover records associated with the formal 
hiring process once a potential applicant submits a formal application 
for employment. The Office of Personnel Management (OPM) is responsible 
for all hiring activities for employment with Federal agencies. For 
these activities, the relevant Office of Personnel Management SORNs 
continue to apply.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/CBP-025 CBP Recruitment and Hiring 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 modified system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act codifies 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. Similarly, 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 Judicial Redress Act, 
along with judicial review for denials of such requests. In addition, 
the Judicial Redress Act prohibits disclosures of covered records, 
except as otherwise permitted by the Privacy Act.
    Below is the description of the DHS/CBP-025 CBP Recruitment and 
Hiring 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)-025 CBP Recruitment and Hiring System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    DHS/CBP maintains records at its Headquarters at 1300 Pennsylvania 
Avenue NW, Washington, DC 20229, and in field offices, and contractor-
owned and operated facilities. 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 and will be maintained within a CBP web portal.

SYSTEM MANAGER(S):
    Executive Assistant Commissioner, Enterprise Services, U.S. Customs 
and Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC 
20029.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 302, Delegation of authority; 5 U.S.C. 2301(b)(1)-(2), 
Merit system principles; 5 U.S.C. 3101, General authority to employ; 5 
U.S.C. 3301, Civil service; generally; Section 501 of the 
Rehabilitation Act of 1973; Americans with Disability Act Amendments of 
2008; Executive Order 14035, Diversity, Equity, Inclusion, and 
Accessibility in the Federal Workforce (June 25, 2021); Executive Order 
13548, Increasing Federal Employment of Individuals with Disabilities 
(July 10, 2010).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to conduct recruitment, marketing, 
outreach, and advertising to potential candidates for all CBP positions 
located

[[Page 1177]]

in the United States and abroad; generate leads and maintain lists of 
potential applicants for recruiting purposes based on commercially 
available demographic or subscription lists or from community, civic, 
educational institutions, military, and other sources; identify quality 
leads based on pre-screening question responses; manage all tracking 
and communications with potential leads and conduct outreach to attract 
applicants during the hiring process; maintain logs and respond to 
applicant questions from a national call center; reengage withdrawn 
applicants for hiring positions and invite them to reapply to CBP 
opportunities; and conduct data analytics for recruitment strategies, 
to measure the effectiveness of outreach campaigns. CBP invites 
candidates to voluntarily self-identify their disability status for 
purposes of CBP's affirmative action program, which includes those 
policies, practices, and procedures to ensure that all qualified 
individuals and potential applicants receive an equal opportunity for 
recruitment, selection, advancement, and every other term and privilege 
associated with CBP employment opportunities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Potential applicants or individuals interested in CBP employment 
opportunities covered by the system include:
    1. Individuals who express interest in any CBP position and 
voluntarily provide information to CBP.
    2. Individuals who withdraw from the hiring process for CBP 
positions.
    3. Individuals who receive targeted marketing information from CBP 
to apply for a CBP position based on commercially available mailing 
lists (e.g., particular magazine or cable channel subscribers) or from 
community, civic, educational institutions, military, and other 
sources.

CATEGORIES OF RECORDS IN THE SYSTEM:
    CBP maintains various types of information related to recruiting 
and outreach records for CBP positions located in the United States and 
abroad, including:
     First and last name;
     Age or date of birth;
     Disability status; \2\
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    \2\ Self-identified, in support of CBP's affirmative action 
plans pursuant to 29 U.S.C. 791 and 29 CFR 1614.203(d).
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     Gender;
     Phone numbers;
     Email addresses;
     Mailing addresses, including ZIP code;
     Military status (e.g., veteran, active duty);
     Other biographic and contact information voluntarily 
provided to DHS by individuals covered by this system of records solely 
for recruitment and hiring activities;
     Computer-generated identifier or case number when created 
in order to retrieve information; and
     Status of opt-in/consent to receive targeted marketing and 
advertising based on the individual's expressed area of interest in CBP 
employment opportunities;
     Responses to pre-screening questions, including 
information related to: (1) An individual's possession of, or 
eligibility to, carry a valid driver's license (yes or no response 
only); (2) any reason why the individual may not be able to carry a 
firearm (yes or no response only); (3) interest level in CBP 
employment; (4) U.S. residency information (limited to length of 
residency only); (5) education related questions; and (6) any 
additional information in support of preliminary hiring activities.

RECORD SOURCE CATEGORIES:
    CBP may obtain records about potential applicants in this system 
either directly from the individual, from a third party with whom the 
individual has granted permission to share his or her information with 
potential employers, or from community, civic, educational 
institutions, military, and other sources. CBP will obtain records 
about withdrawn applicants from existing internal CBP human resources 
systems.

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 the U.S. 
Attorneys' Offices, or other federal agencies conducting litigation or 
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 the Department of Justice 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 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.

[[Page 1178]]

    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.

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:
    In accordance with General Records Schedule (GRS) 2.1, Item 180, 
DHS/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 five years, after which point, they will be 
considered obsolete and no longer necessary for CBP operations.

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 DHS/
CBP's Freedom of Information Act 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, 
U.S. Department of Homeland Security, Washington, DC 20528-0655 or 
electronically at https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form. 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.
    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. 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 DHS 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 Judicial Redress 
Act records, see ``Record Access Procedures'' above.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    83 FR 27014 (June 11, 2018).
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Lynn P. Dupree,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2022-00183 Filed 1-7-22; 8:45 am]
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