Privacy Act of 1974; System of Records, 27014-27017 [2018-12416]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 27014-27017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12416]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2018-0028]


Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of a new 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--025 National Frontline Recruitment and Hiring System 
of Records.'' This system of records allows the DHS/U.S. Customs and 
Border Protection (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. This newly 
established system will be included in DHS's inventory of record 
systems.

[[Page 27015]]


DATES: Submit comments on or before July 11, 2018. This new system will 
be effective upon publication. Routine uses will be effective July 11, 
2018.

ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0028 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: Philip S. Kaplan, 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 DHS-2018-0028. 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, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Debra L. Danisek, Privacy Officer, U.S. Customs and Border Protection, 
1300 Pennsylvania Avenue NW, Washington, DC 20029 or 
[email protected], (202) 344-1610. For privacy questions, please 
contact: Philip S. Kaplan, (202) 343-1717, [email protected], Chief 
Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION: 

I. Background

    Recruiting and retaining a world-class law enforcement workforce is 
one of CBP's top mission support priorities. To generate a sufficient 
number of qualified applicants for critical frontline law enforcement 
positions, CBP must cultivate a large volume of interested and well-
qualified applicants. CBP uses recruitment outreach, market research, 
data analytics, advertising, and marketing services to conduct 
recruiting and hiring campaigns to meet staffing requirements. These 
targeted efforts identify potential applicants and help them navigate 
the complex and multi-step hiring process for CBP frontline officers 
and agents. To meet aggressive recruiting goals, CBP frontline 
recruitment strategy requires data analytics, targeted marketing and 
recruiting, technology innovations, call center support, additional 
specialized skillsets, and internal process improvements.
    On January 25, 2017, the President issued the Executive Order 
13767, and provided direction to CBP to take appropriate action to 
recruit and hire individuals for critical frontline law enforcement 
positions (such as U.S. Border Patrol Agents, Air and Marine 
Interdiction Agents, and CBP Officers).
    CBP conducts coordinated initiatives in support of frontline 
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. In addition, CBP may use 
aggregated data analytics and enhanced advertisements to locate 
potential recruits in support of efforts to maintain congressionally-
mandated CBP staffing levels.
    This SORN provides coverage for CBP's recruitment and hiring 
efforts for frontline positions. The SORN does not cover records 
associated with the formal hiring process once a potential applicant 
submits an 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 
OPM SORNs continue to apply.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/CBP-025 National Frontline 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 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 covered persons with a statutory right 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-025 National Frontline 
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 National Frontline 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 DHS web portal.

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

[[Page 27016]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 302, Delegation of authority; 44 U.S.C. 3101, Records 
management by agency heads, general duties; Executive Order 13767, 
Border Security and Immigration Enforcement Improvements (January 25, 
2017).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to conduct recruitment, marketing, 
outreach, and advertising to potential candidates for CBP frontline law 
enforcement positions; 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 retain 
applicants during the hiring process; maintain logs and respond to 
applicant questions from a national call center; reengage withdrawn 
applicants for frontline 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 
will maintain aggregated, non-personally identifiable web data 
analytics to measure the success of online marketing and advertising 
initiatives. CBP invites candidates to voluntarily self-identify for 
purposes of the DHS equal employment opportunity program to include 
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 for critical CBP frontline law enforcement 
positions (U.S. Border Patrol Agents, Air and Marine Interdiction 
Agents, and CBP Officers) covered by the system include:
    1. Individuals who express interest in a frontline law enforcement 
position and voluntarily provide information to CBP.
    2. Individuals who withdraw from the hiring process for frontline 
law enforcement positions.
    3. Individuals who receive targeted marketing information from CBP 
to apply for a CBP frontline law enforcement 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 national frontline positions, including:
     First and last name;
     Age or date of birth;
     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;
     Status of opt-in/consent to receive targeted marketing and 
advertising based on the individual's expressed area of interest in CBP 
employment opportunities; and
     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); and (5) any additional information in support of 
preliminary hiring activities.

RECORD SOURCE CATEGORIES:
    CBP may obtain the 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 U.S. Attorneys 
Offices, or other Federal agency 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 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 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

[[Page 27017]]

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.

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) 6.5, Item 20, and 
GRS 5.2, Item 20, 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 5 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. 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 FOIA Officer, whose contact information can be found at https://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 the individual 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. 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, https://www.dhs.gov/foia or 1-866-431-0486. In addition, 
the individual should:
     Explain why he/she believe the Department would have 
information on him/her;
     Identify which component(s) of the Department the 
individual believes may have the information about him/her;
     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 an individual's request is seeking records pertaining to another 
living individual, the first individual must include a statement from 
the second individual certifying his/her agreement for the first 
individual to access his/her records.
    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 JRA records, see 
``Record Access Procedures'' above.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-12416 Filed 6-8-18; 8:45 am]
 BILLING CODE 9111-14-P