Privacy Act of 1974; Department of Homeland Security/U.S. Customs and Border Protection-007 Border Crossing Information (BCI) System of Records, 89957-89963 [2016-29898]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 89957-89963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29898]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0088]


Privacy Act of 1974; Department of Homeland Security/U.S. Customs 
and Border Protection-007 Border Crossing Information (BCI) System of 
Records

AGENCY: Department of Homeland Security, Privacy Office.

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 update and reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security (DHS)/U.S. Customs and Border Protection (CBP)-007 Border 
Crossing Information (BCI) System of Records.'' This system of records 
allows

[[Page 89958]]

DHS/CBP to collect and maintain records on border crossing information 
for all individuals who enter, are admitted or paroled into, and (when 
available) exit from the United States, regardless of method or 
conveyance. The BCI includes certain biographic and biometric 
information; photographs; responses to immigration and customs 
inspection-related questions, certain mandatory or voluntary itinerary 
information provided by air, sea, bus, and rail carriers or any other 
forms of passenger transportation; and the time and location of the 
border crossing.
    DHS/CBP is updating this system of records notice to provide notice 
that BCI categories of records include responses to immigration and 
customs inspection questions collected to facilitate the CBP inspection 
process and to add a new routine use permitting DHS/CBP to share 
information from this system of records with external organizations if 
the information is relevant and necessary to a requesting agency's 
decision concerning the hiring or retention of an individual, or 
issuance of a security clearance, license, contract, grant, or other 
benefit.
    This system of records notice was previously published in the 
Federal Register on January 25, 2016 (81 FR 4040). A Final Rule 
exempting portions of this system from certain provisions of the 
Privacy Act was published on March 21, 2016 (81 FR 14947) and remains 
in effect. DHS will include this system in its inventory of record 
systems.

DATES: Submit comments on or before January 12, 2017. This updated 
system will be effective January 12, 2017.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0088 by one of the following methods:
     Federal e-Rulemaking Portal: https://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.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Debra L. Danisek (202) 344-1610, CBP Privacy Officer, U.S. Customs and 
Border Protection, Privacy and Diversity Office, 1300 Pennsylvania 
Avenue, NW., Washington, DC 20229. For privacy questions, please 
contact: Jonathan R. Cantor, (202) 343-1717, Acting Chief Privacy 
Officer, Privacy Office, 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 update and reissue a DHS system of records 
titled, ``DHS/CBP-007 Border Crossing Information (BCI) System of 
Records.'' DHS/CBP is updating this system of records notice to provide 
notice that BCI categories of records include responses to immigration 
and customs inspection questions collected to facilitate the CBP 
inspection process and to add a new routine use permitting DHS/CBP to 
share information from this system of records with external 
organizations if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit.
    DHS/CBP's priority mission is to prevent terrorists and terrorist 
weapons from entering the country while facilitating legitimate travel 
and trade. To further this mission, DHS/CBP maintains BCI about all 
individuals who enter, are admitted or paroled into, and (when 
available) exit from the United States regardless of method or 
conveyance. BCI includes certain biographic and biometric information; 
photographs; certain responses to inspection questions; certain 
mandatory or voluntary itinerary information provided by air, sea, bus, 
and rail carriers or any other forms of passenger transportation; and 
the time and location of the border crossing. BCI resides on the TECS 
(not an acronym) information technology (IT) platform.
    DHS/CBP is responsible for collecting and reviewing BCI from 
travelers entering and departing the United States as part of DHS/CBP's 
overall border security and enforcement missions. All individuals 
crossing the border are subject to DHS/CBP inspection upon arrival in 
the United States. Each traveler entering the United States is required 
to establish his or her identity, nationality, and admissibility, as 
applicable, to the satisfaction of a CBP Officer during the inspection 
process. To manage this process, DHS/CBP creates a record of an 
individual's admission or parole into the United States at a particular 
time and port of entry. DHS/CBP also collects information about U.S. 
citizens and certain aliens upon departure from the United States for 
law enforcement purposes and to document their border crossing.
    DHS is statutorily mandated to create and integrate an automated 
entry and exit system that records the arrival and departure of aliens 
(8 U.S.C. 1365a), verifies alien identities, and authenticates alien 
travel documents through the comparison of biometric identifiers (8 
U.S.C. 1365b). Certain aliens may be required to provide biometrics 
(including digital fingerprint scans, palm prints, photographs, facial 
and iris images, or other biometric identifiers) upon arrival in or 
departure from the United States. The biometric data is stored in the 
Automated Biometric Identification System (IDENT) IT system. IDENT 
stores and processes biometric data (e.g., digital fingerprints, palm 
prints, photographs, and iris scans) and links biometrics with 
biographic information to establish and verify identities. The IDENT 
system serves as the biometric repository for DHS and also stores 
related biographic information.
    Collection of additional biometric information from individuals 
crossing the border (such as information regarding scars, marks, 
tattoos, and palm prints) aids biometric sharing between the Department 
of Justice (DOJ) Integrated Automated Fingerprint Identification System 
(IAFIS)/Next Generation Identification (NGI) and the IDENT system. The 
end result is enhanced access to (and in some cases acquisition of) 
IAFIS/NGI information by the IDENT system and its users. DHS, DOJ/FBI, 
and the Department of State (DOS)/Bureau of Consular Affairs entered 
into a Memorandum of Understanding (MOU) for Improved Information 
Sharing Services in 2008. The MOUs established the framework for 
sharing information in accordance with an agreed-upon technical 
solution for expanded IDENT/IAFIS/NGI interoperability, which provides 
access to additional data for a greater number of authorized users.
    CBP collects border crossing information stored in the BCI system 
of records through a number of sources, for example: (1) Travel 
documents (e.g., a foreign passport) presented by an individual at a 
CBP port of entry when he or she provided no advance notice of the 
border crossing to CBP; (2) carriers that submit information in advance 
of travel through the Advance Passenger Information System (APIS) (see 
DHS/

[[Page 89959]]

CBP-005 Advance Passenger Information System (APIS) SORN, 80 FR 13407, 
(March 13, 2015)); (3) information stored in the Global Enrollment 
System (GES) (see DHS/CBP-002 Global Enrollment System (GES) SORN, 78 
FR 3441, (January 16, 2013)) as part of a trusted or registered 
traveler program; (4) written or oral responses to immigration and 
customs inspection questions provided by travelers to facilitate the 
inspection process; (5) cameras posted in pre-screening and screening 
areas that take photos in support of the inspection process; (6) non-
federal governmental authorities that issued valid travel documents 
approved by the Secretary of DHS (e.g., an Enhanced Driver's License 
(EDL)); (7) another federal agency that issued a valid travel document 
(e.g., data from a DOS visa, passport including passport card, or 
Border Crossing Card); or (8) the Canada Border Services Agency (CBSA) 
pursuant to the Beyond the Border Entry/Exit Program. When a traveler 
applies to enter, enters, is admitted to, paroled into, or departs from 
the United States, his or her biographical information, photograph 
(when available), and crossing details (time and location) are 
maintained in accordance with the DHS/CBP-007 Border Crossing 
Information SORN.
    DHS/CBP is updating this system of records notice, last published 
January 25, 2016 (81 FR 4040), to modify categories of records to 
include responses to certain CBP inspection questions collected to 
facilitate the inspection process and to add a new routine use 
permitting DHS/CBP to share information from this system of records 
with external organizations if the information is relevant and 
necessary to a requesting agency's decision concerning the hiring or 
retention of an individual, or issuance of a security clearance, 
license, contract, grant, or other benefit. DHS/CBP collects traveler 
responses to certain CBP inspection questions via the Customs 
Declaration Form 6059B. This form is stored by arrival date or flight 
number at the various ports of entry. DHS/CBP has now deployed the 
Automated Passport Control Kiosk and the Mobile Passport Control mobile 
application, both of which permit travelers to submit responses to 
certain inspection-related questions electronically. The responses are 
stored by DHS/CBP and are now retrievable by unique identifier, 
therefore warranting an expansion of the BCI SORN to include these 
responses although DHS/CBP has collected responses to inspection 
questions since inception.
    With this SORN update, DHS is also adding a new Routine Use Q, 
which permits DHS/CBP to share information with an appropriate federal, 
state, local, tribal, foreign, or international agency if the 
information is relevant and necessary to a requesting agency's decision 
concerning the hiring or retention of an individual, or issuance of a 
security clearance, license, contract, grant, or other benefit, or if 
the information is relevant and necessary to a DHS decision concerning 
the hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant or other 
benefit and when disclosure is appropriate to the proper performance of 
the official duties of the person making the request. DHS/CBP is adding 
this new routine use to share certain border crossing information with 
external organizations in the course of employee or applicant 
suitability screening (e.g., unreported foreign travel for individuals 
who hold sensitive security positions).
    Consistent with DHS's information sharing mission, information 
stored in the DHS/CBP-007 BCI SORN 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.
    The exemptions for the existing system of records notice published 
January 25, 2016 (81 FR 4040), continue to apply for this updated 
system of records for those categories of records listed in the 
previous System of Records Notice. A Final Rule exempting portions of 
this system from certain provisions of the Privacy Act was published on 
March 21, 2016 (81 FR 14947), and remains in effect. Furthermore, to 
the extent certain categories of records are ingested from other 
systems, the exemptions applicable to the source systems will remain in 
effect.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which the Federal 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 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. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/CBP-007 Border Crossing 
Information (BCI) 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)-007.

System name:
    DHS/CBP-007 Border Crossing Information (BCI).

Security classification:
    Unclassified, Sensitive, For Official Use Only (FOUO), and Law 
Enforcement-Sensitive (LES). The data may be retained on classified 
networks, but this does not change the nature and character of the data 
until it is combined with classified information.

System location:
    DHS/CBP currently maintains records in information technology (IT) 
systems at DHS/CBP Headquarters in Washington, DC and at field offices. 
Computer terminals are located at customhouses, border ports of entry, 
airport inspection facilities under the jurisdiction of DHS/CBP, and 
other locations at which DHS/CBP authorized personnel may be posted to 
facilitate DHS's mission. Terminals may also be located at appropriate 
facilities for other participating government agencies. Records are 
replicated from the operational IT system and maintained on DHS 
unclassified and classified networks.

Categories of individuals covered by the system:
    Individuals with records stored in BCI include U.S. citizens, 
lawful permanent residents (LPR), and immigrant and non-immigrant 
aliens who lawfully cross the U.S. border by air, land, or sea, 
regardless of method of transportation or conveyance.

Categories of records in the system:
    DHS/CBP collects and stores the following records in the BCI system 
as border crossing information:
     Full name (last, first, and, if available, middle);
     Date of birth;

[[Page 89960]]

     Gender;
     Travel document type and number (e.g., passport 
information, permanent resident card, Trusted Traveler Program card);
     Issuing country or entity and expiration date;
     Photograph (when available);
     Country of citizenship;
     Tattoos;
     Scars;
     Marks;
     Palm prints;
     Digital fingerprints;
     Digital iris scans;
     Radio Frequency Identification (RFID) tag number(s) (if 
land or sea border crossing);
     Date and time of crossing;
     Lane for clearance processing;
     Location of crossing;
     Responses to certain CBP inspection-related questions;
     Secondary Examination Status; and
     For land border crossings only, license plate number or 
Vehicle Identification Number (VIN) (if no plate exists).
    CBP maintains in BCI information derived from an associated APIS 
transmission (when applicable), as well as any results of APIS 
information compared against CBP or partner data, which may include:
     Full name (last, first, and, if available, middle);
     Date of birth;
     Gender;
     Country of citizenship;
     Passport/alien registration number and country of 
issuance;
     Passport expiration date;
     Country of residence;
     Status on board the aircraft;
     Travel document type;
     U.S. destination address (for all private aircraft 
passengers and crew, and commercial air, rail, bus, and vessel 
passengers except for U.S. Citizens, LPRs, crew, and those in transit);
     Place of birth and address of permanent residence 
(commercial flight crew only);
     Pilot certificate number and country of issuance (flight 
crew only, if applicable);
     Passenger Name Record (PNR) locator number;
     Primary inspection lane;
     ID inspector;
     Records containing the results of comparisons of 
individuals to information maintained in CBP's law enforcement 
databases as well as information from the Terrorist Screening Database 
(TSDB);
     Information on individuals with outstanding wants or 
warrants; and
     Information from other government agencies regarding high 
risk parties.
    CBP collects records under the Entry/Exit Program with Canada, such 
as border crossing data from the Canada Border Services Agency (CBSA), 
including:
     Full name (last, first, and if available, middle);
     Date of Birth;
     Nationality (citizenship);
     Gender;
     Document Type;
     Document Number;
     Document Country of Issuance;
     Port of entry location (Port code);
     Date of entry; and
     Time of entry.
    In addition, air and sea carriers or operators covered by the APIS 
rules and rail and bus carriers (to the extent voluntarily applicable) 
also transmit or provide the following information to CBP for retention 
in BCI:
     Airline carrier code;
     Flight number;
     Vessel name;
     Vessel country of registry/flag;
     International Maritime Organization number or other 
official number of the vessel;
     Voyage number;
     Date of arrival/departure;
     Foreign airport/port where the passengers and crew members 
began their air/sea transportation to the United States;
     For passengers and crew members destined for the United 
States:
    [cir] The location where the passengers and crew members will 
undergo customs and immigration clearance by CBP.
     For passengers and crew members who are transiting through 
(and crew on flights over flying) the United States and not clearing 
CBP:
    [cir] The foreign airport/port of ultimate destination; and
    [cir] Status on board (whether an individual is crew or non-crew).
     For passengers and crew departing the United States:
    [cir] Final foreign airport/port of arrival.
    Other information also stored in this system of records includes:
     Aircraft registration number provided by pilots of private 
aircraft;
     Type of aircraft;
     Call sign (if available);
     CBP issued decal number (if available);
     Place of last departure (e.g., ICAO airport code, when 
available);
     Date and time of aircraft arrival;
     Estimated time and location of crossing U.S. border or 
coastline;
     Name of intended airport of first landing, if applicable;
     Owner or lessee name (first, last, and middle, if 
available, or business entity name);
     Owner or lessee contact information (address, city, state, 
zip code, country, telephone number, fax number, and email address, 
pilot, or private aircraft pilot name);
     Pilot information (license number, street address (number 
and street, city state, zip code, country), telephone number, fax 
number, and email address);
     Pilot license country of issuance;
     Operator name (for individuals: Last, first, and middle, 
if available; or name of business entity, if available);
     Operator street address (number and street, city, state, 
zip code, country, telephone number, fax number, and email address);
     Aircraft color(s);
     Complete itinerary (foreign airport landings within 24 
hours prior to landing in the United States);
     24-hour emergency point of contact information (e.g., 
broker, dispatcher, repair shop, or other third party who is 
knowledgeable about this particular flight):
    [cir] Full name (last, first, and middle (if available)) and 
telephone number; and
     Incident to the transmission of required information via 
eAPIS (for general aviation itineraries, pilot, and passenger 
manifests), records will also incorporate the pilot's email address.
    To the extent private aircraft operators and carriers may transmit 
APIS, similar information may also be recorded in BCI by CBP with 
regard to such travel. CBP also collects the license plate number of 
the conveyance (or VIN number when no plate exists) in the land border 
environment for both arrival and departure (when departure information 
is available).

Authority for maintenance of the system:
    Authority for BCI is provided by the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (Pub. L. 107-173, 116 Stat. 543 (2002)); 
the Aviation and Transportation Security Act of 2001 (Pub. L. 107-71, 
115 Stat. 597); the Intelligence Reform and Terrorism Prevention Act of 
2004 (Pub. L. 108-458, 118 Stat. 3638 (2004)); the Immigration and 
Nationality Act, as amended, (8 U.S.C. 1185, 1354, 1365a and 1365b); 
and the Tariff Act of 1930, as amended, (19 U.S.C. 1322-1683g, 
including 19 U.S.C. 66, 1433, 1454, 1485, 1624 and 2071).

Purpose(s):
    DHS/CBP collects and maintains this information to vet and inspect 
persons arriving in or departing from the United States; to determine 
identity, citizenship, and admissibility; and to identify persons who: 
(1) may be (or are

[[Page 89961]]

suspected of being) a terrorist or having affiliations to terrorist 
organizations; (2) have active warrants for criminal activity; (3) are 
currently inadmissible or have been previously removed from the United 
States; or (4) have been otherwise identified as potential security 
risks or raise a law enforcement concern. For immigrant and non-
immigrant aliens, the information is also collected and maintained to 
ensure information related to a particular border crossing is available 
for providing any applicable benefits related to immigration or other 
enforcement purposes. Lastly, DHS/CBP maintains information in BCI to 
retain a historical record of persons crossing the border to facilitate 
law enforcement, counterterrorism, and benefits processing.
    DHS/CBP maintains a replica of some or all of the data in the 
operating system on DHS unclassified and classified networks to allow 
for analysis and vetting consistent with the above stated purposes and 
this published notice.

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 (DOJ), including Offices of the 
United States Attorneys, or other federal agency 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 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. 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 the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) 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, 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 appropriate federal, state, tribal, local, or foreign 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, or 
license, when DHS believes the information would assist enforcement of 
applicable civil or criminal laws.
    I. To the CBSA for law enforcement and immigration purposes, as 
well as to facilitate cross-border travel when an individual enters the 
United States from Canada.
    J. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations when 
DHS reasonably believes there to be a threat (or potential threat) to 
national or international security for which the information may be 
relevant in countering the threat (or potential threat).
    K. To a federal, state, tribal, or local agency, other appropriate 
entity or individual, or foreign governments, in order to provide 
relevant information related to intelligence, counterintelligence, or 
antiterrorism activities authorized by U.S. law, E.O., or other 
applicable national security directive.
    L. To an organization or individual in either the public or private 
sector (foreign or domestic) when there is a reason to believe that the 
recipient is (or could become) the target of a particular terrorist 
activity or conspiracy, or when the information is relevant and 
necessary to the protection of life or property.
    M. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purposes of protecting the vital interests of the data subject or 
other persons, including to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease, to combat other significant public health 
threats, or to provide appropriate notice of any identified health 
threat or risk.
    N. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations, or in connection with criminal law proceedings.
    O. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation.
    P. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations when 
DHS is aware of a need to use relevant data for purposes of testing new 
technology.
    Q. To an appropriate federal, state, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit, or if the

[[Page 89962]]

information is relevant and necessary to a DHS decision concerning the 
hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant or other 
benefit and when disclosure is appropriate to the proper performance of 
the official duties of the person making the request.
    R. 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 is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    DHS/CBP stores records in this system electronically in the 
operational IT system, including on DHS unclassified and classified 
networks, or on paper in secure facilities in a locked drawer behind a 
locked door. The records may be stored on magnetic disc, tape, digital 
media, and CD-ROM.

Retrievability:
    DHS/CBP retrieves records by name or other personal identifiers 
listed in the categories of records, above.

Safeguards:
    DHS/CBP safeguards records in this system in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls are imposed to 
minimize the risk of compromising the information that is being stored. 
DHS/CBP limits access to BCI to those individuals who have a need to 
know the information for the performance of their official duties and 
who also have appropriate clearances or permissions.

Retention and disposal:
    DHS/CBP is working with NARA to develop the appropriate retention 
schedule based on the information below. For persons DHS/CBP determines 
to be U.S. citizens and LPRs, information in BCI that is related to a 
particular border crossing is maintained for 15 years from the date 
when the traveler entered, was admitted to or paroled into, or departed 
the United States, at which time it is deleted from BCI. For non-
immigrant aliens, the information will be maintained for 75 years from 
the date of admission or parole into or departure from the United 
States in order to ensure that the information related to a particular 
border crossing is available for providing any applicable benefits 
related to immigration or for other law enforcement purposes.
    Information related to border crossings prior to a change in status 
will follow the 75 year retention period for non-immigrant aliens who 
become U.S. citizens or LPRs following a border crossing that leads to 
the creation of a record in BCI. All information regarding border 
crossing by such persons following their change in status will follow 
the 15 year retention period applicable to U.S. citizens and LPRs. For 
all travelers, however, BCI records linked to active law enforcement 
lookout records, DHS/CBP matches to enforcement activities, or 
investigations or cases remain accessible for the life of the primary 
records of the law enforcement activities to which the BCI records may 
relate, to the extent retention for such purposes exceeds the normal 
retention period for such data in BCI.
    Records replicated on the unclassified and classified networks for 
analysis and vetting will follow the same retention schedule.

System Manager and address:
    Director, Traveler Entry Programs, U.S. Customs and Border 
Protection Headquarters, 1300 Pennsylvania Avenue, NW., Washington, DC 
20229.

Notification procedure:
    DHS/CBP allows persons (including foreign nationals) to seek 
administrative access under the Privacy Act to information maintained 
in BCI. However, the Secretary of DHS exempted portions of this system 
from the notification, access, and amendment procedures of the Privacy 
Act because it is a law enforcement system. Nonetheless, DHS/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 DHS Chief 
Freedom of Information Act (FOIA) Officer or CBP FOIA Officer, whose 
contact information can be found at https://www.dhs.gov/foia under 
``Contacts.'' If an individual believes more than one Component 
maintains Privacy Act records that concern him or her, the individual 
may submit the request to the Chief Privacy Officer and Chief FOIA 
Officer, Department of Homeland Security, 245 Murray Lane 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. Although no specific form 
is required, you may obtain forms for this purpose from the Chief 
Privacy Officer and Chief FOIA Officer, https://www.dhs.gov/foia or 1-
866-431-0486. In addition, you should:
     Explain 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; and
     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 the above information, CBP 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.
    In processing requests for access to information in this system, 
CBP will review the records in the operational system and coordinate 
with DHS to address access to records on the DHS unclassified and 
classified networks.

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

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

Record source categories:
    DHS/CBP collects information from individuals who arrive in, depart 
from,

[[Page 89963]]

or transit through the United States. This system also collects 
information from carriers that operate vessels, vehicles (including 
buses), aircraft, or trains that enter or exit the United States, 
including private aircraft operators. Lastly, BCI receives border 
crossing information from CBSA.

Exemptions claimed for the system:
    No exemption shall be asserted with respect to information 
maintained in the system that is collected from a person at the time of 
crossing and submitted by that person's air, sea, bus, or rail carriers 
if that person, or his or her agent, seeks access or amendment of such 
information.
    The Privacy Act, however, requires DHS to maintain an accounting of 
the disclosures made pursuant to all routines uses. Disclosing the fact 
that a law enforcement or intelligence agency has sought particular 
records may affect ongoing law enforcement activities. The Secretary of 
DHS, pursuant to 5 U.S.C. 552a(j)(2), exempted this system from the 
following provisions of the Privacy Act: Sections (c)(3), (e)(8), and 
(g) of the Privacy Act of 1974, as amended, as is necessary and 
appropriate to protect this information. Further, DHS has exempted sec. 
(c)(3) of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 
552a(k)(2) as is necessary and appropriate to protect this information.
    Additionally, this system contains records or information 
recompiled from or created from information contained in other systems 
of records that are exempt from certain provision of the Privacy Act. 
This system also contains accountings of disclosures made with respect 
to information maintained in the system. For these records or 
information only, in accordance with 5 U.S.C. 552a(j)(2) and (k)(2), 
DHS will also claim the original exemptions for these records or 
information from subsecs. (c)(3) and (4); (d)(1), (2), (3), and (4); 
(e)(1), (2), (3), (4)(G) through (I), (5), and (8); (f); and (g) of the 
Privacy Act of 1974, as amended, as necessary and appropriate to 
protect such information.

    Dated: December 8, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-29898 Filed 12-12-16; 8:45 am]
 BILLING CODE 9111-14-P