Privacy Act of 1974; System of Records, 14214-14218 [2020-04980]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14214-14218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04980]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. USCBP-2019-0043]


Privacy Act of 1974; System of Records

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

ACTION: Notice of modified 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 modify and reissue the current DHS 
system of records titled ``Department of Homeland Security/U.S. Customs 
and Border Protection-002 Global Enrollment System,'' and rename it as 
``Department of Homeland Security/U.S. Customs and Border Protection-
002 Trusted and Registered Traveler Programs.'' This system of records 
allows the Department of Homeland Security/U.S. Customs and Border 
Protection (CBP) to collect and maintain records on individuals who 
voluntarily provide personally identifiable information to CBP in 
return for enrollment in a program that will make them eligible for 
dedicated CBP processing at designated U.S. border ports of entry, 
including all trusted traveler and registered traveler programs.

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

ADDRESSES: You may submit comments, identified by docket number USCBP-
2019-0043 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-
0655.
    Instructions: All submissions received must include the agency name 
and docket number USCBP-2019-0043. 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, (202) 344-1610, [email protected], CBP Privacy 
Officer, U.S. Customs and Border Protection, Ronald Reagan Building, 
1300 Pennsylvania Avenue NW, Washington, DC 20229. For privacy issues, 
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 update, rename, and reissue a current DHS system of records 
newly titled, ``DHS/CBP-002 Trusted and Registered Traveler Programs 
(TRTP).'' Formerly titled the ``Global Enrollment System,'' this system 
of records allows CBP to collect and maintain records on individuals 
who voluntarily provide personally identifiable information to CBP in 
return for enrollment in a program that will make them eligible for 
dedicated CBP processing at designated U.S. border ports of entry. This 
system of records includes information on individuals who participate 
in trusted traveler and registered traveler programs. This system of 
records notice is being re-published under the new name, with a more 
comprehensive description of these programs, and the removal of 
references to the CBP Trusted Worker Programs, which are covered under 
the DHS/CBP-010 Persons Engaged in International Trade in Customs and 
Border Protection Licensed/Regulated Activities System of Records 
Notice (December 19, 2008, 73 FR 77753).
    Trusted traveler programs facilitate processing for pre-approved 
members, permitting more efficient inspections, and helping move 
participants through the lines at the port of entry or other designated 
locations more expeditiously. CBP's trusted traveler programs include:
     Global Entry,\1\ which enables CBP to provide U.S. 
citizens, lawful permanent residents (LPRs), and citizens of certain 
foreign countries dedicated processing when arriving at airports with 
designated Global Entry kiosks.
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    \1\ Final Rule, Establishment of Global Entry Program (77 FR 
5681, Feb. 6, 2012).
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     NEXUS, which allows pre-screened travelers dedicated 
processing when entering the United States and Canada. Program members 
use specific processing lanes at designated U.S.-Canada border ports of 
entry, NEXUS kiosks when entering Canada by air, and Global Entry 
kiosks when entering the United States via Canadian Preclearance 
airports. NEXUS members also receive dedicated processing at marine 
reporting locations.
     Secure Electronic Network for Travelers Rapid Inspection 
(SENTRI), which provides dedicated processing clearance for pre-
approved travelers using designated primary lanes entering the United 
States at land border ports of entry along the U.S.-Mexico border.
     The Free and Secure Trade (FAST) program, which provides 
dedicated processing for pre-approved commercial truck drivers from the 
United States, Canada, and Mexico. Members may use dedicated FAST lanes 
at both northern and southern border ports.
     The U.S.-Asia Economic Cooperation (APEC) Business Travel

[[Page 14215]]

Card (ABTC) Program, which allows for U.S. business travelers or 
government officials engaged in business in the APEC region dedicated 
screening at participating airports.
    Individuals who apply for enrollment in a trusted traveler program 
must provide biographic and certain biometric information to CBP, as 
described below. CBP screens this information against databases to 
verify eligibility for trusted traveler program participation. Once an 
applicant is approved and enrolls in the trusted traveler program, his 
or her information is vetted by CBP on a recurrent basis to ensure 
continued eligibility.
    CBP also sponsors registered traveler programs that, like trusted 
traveler programs, allow individuals to provide their information to 
CBP voluntarily prior to travel in order to qualify for dedicated 
processing. Unlike trusted travelers, registered travelers are not 
subject to vetting, but rather maintain information on file with CBP to 
better facilitate their arrival at ports of entry.
    Registered traveler programs include:
     Decal and Transponder Online Procurement System (DTOPS), 
which allows individuals registered to eligible commercial vehicles to 
pay their annual user fees in advance online and cross the border using 
decals or transponders that facilitate CBP inspection.
     Pleasure boat reporting options, which allow operators of 
small vessels arriving in the United States from a foreign location to 
report their arrival to CBP remotely instead of in person as required 
under 19 U.S.C. 1433. Travelers who are members of another CBP trusted 
traveler program, who hold an I-68 Canadian Border boat landing permit, 
or who participate in the Local Border Option (LBO) may be eligible for 
remote arrival reporting.
    CBP has signed a number of joint statements with foreign partners 
to permit citizens of certain foreign countries to apply for Global 
Entry. Some of these joint statements also permit Global Entry members 
to apply for trusted traveler programs operated by foreign partners. 
CBP continues to work with government border authorities in various 
countries to create this growing international network. As part of the 
procedure for implementing a joint statement, and adding foreign 
partners to Global Entry, CBP and each foreign partner execute parallel 
procedures that incorporate privacy protections. A more in-depth 
discussion of the arrangements by country is made available in DHS/CBP/
PIA-002(b) GES Privacy Impact Assessment and Appendix A ``CBP Global 
Entry Expansion: Joint Statements.''
    The authority for TRTP derives from CBP's mandate to secure the 
borders of the United States, and to facilitate legitimate trade and 
travel. The statutes that permit and define these programs include:
     Section 7208 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (IRTPA), as amended, 8 U.S.C. 1365b(k);
     Section 215 of the Immigration and Nationality Act, as 
amended, 8 U.S.C. 1185;
     Section 402 of the Homeland Security Act of 2002, as 
amended, 6 U.S.C. 202;
     Section 404 of the Enhanced Border Security and Visa 
Reform Act of 2002, 8 U.S.C. 1753; and
     Section 433 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1433.
    The Regulations that permit and define TRTP include Parts 103 and 
235 of Title 8 of the Code of Federal Regulations. See, especially, 8 
CFR 103.2, 103.7, 103.16, 235.1, 235.2, 235.7, and 235.12. Pursuant to 
the Independent Offices Appropriations Act of 1952, 31 U.S.C. 9701, 
individuals seeking to enroll in trusted traveler or registered 
traveler programs must pay a fee when they apply or renew their 
membership. See 8 CFR 103.7(b)(1)(ii)(M).
    Participation in these programs is entirely voluntary. Joint 
Statements with foreign partners establish that each country's use of 
GES information for vetting will be consistent with applicable domestic 
laws and policies. Participants should be aware that when they submit 
their information to a foreign country or agree to share their 
information with a foreign partner, the foreign country uses, 
maintains, retains, or disseminates their information in accordance 
with that foreign country's laws and privacy protections.
    Consistent with DHS's information sharing mission, GES information 
may be shared with other DHS components whose personnel have a need to 
know the information to carry out their national security, law 
enforcement, immigration, intelligence, or other homeland security 
functions. In addition, information may be shared 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.
    DHS/CBP is simultaneously issuing a notice of proposed rulemaking 
to exempt portions of the DHS/CBP-002 TRTP SORN from the Privacy Act 
requirements. Pursuant to 5 U.S.C. 552a(j)(2) of the Privacy Act, law 
enforcement related records, including the information from other law 
enforcement databases that support the DHS/CBP membership decision, and 
the law enforcement risk assessment worksheet that have been created 
during the background check and vetting process, are exempt from 5 
U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), (e)(5), and (e)(8); (f); and (g)(1). Pursuant to 
5 U.S.C. 552a(k)(2), records created during the background check and 
vetting process are exempt from the following provisions of the Privacy 
Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); 
and (f). In addition, when a record contains information from other 
exempt systems of records, DHS/CBP will claim the same exemptions for 
that record as are claimed for the original systems of records and will 
claim any additional exemptions that this notice delineates.
    CBP will not assert any exemptions with regard to accessing or 
amending an individual's application data in a trusted or registered 
traveler program and/or final membership determination in the trusted 
traveler programs. However, this data may be shared with law 
enforcement and/or intelligence agencies pursuant to the routine uses 
identified in the TRTP SORN. The Privacy Act requires that DHS maintain 
an accounting of such disclosures made pursuant to all routine uses. 
Disclosing the fact that a law enforcement and/or intelligence agency 
has sought particular records may affect ongoing law enforcement 
activity. As such, pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), DHS will 
claim an exemption from (c)(3), (e)(8), and (g)(1) of the Privacy Act, 
as is necessary and appropriate to protect this information. This 
updated 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

[[Page 14216]]

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-002 TRTP 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)-002 Trusted and Registered Traveler Programs (TRTP).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the CBP Headquarters in Washington, DC 
and field offices. CBP maintains records in the Trusted Traveler 
Programs (TTP) information technology system, as well as other 
applications that support trusted traveler and registered traveler 
application and program management. CBP may also maintain these records 
in various CBP law enforcement systems for participant screening.

SYSTEM MANAGER(S):
    Trusted Traveler Program Manager, Office of Field Operations, and 
Executive Director, Passenger Systems Program Directorate, Office of 
Information and Technology, U.S. Customs and Border Protection, 1300 
Pennsylvania Ave. NW, Washington, DC 20229.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 7208 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (IRTPA), as amended, 8 U.S.C. 1365b(k); Section 215 of the 
Immigration and Nationality Act, as amended, 8 U.S.C. 1185; Section 402 
of the Homeland Security Act of 2002, as amended, 6 U.S.C. 202; Section 
404 of the Enhanced Border Security and Visa Reform Act of 2002, 8 
U.S.C. 1753; Section 433 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1433; 31 U.S.C. 9701; and Parts 103 and 235 of Title 8 of the 
Code of Federal Regulations (See, especially, 8 CFR 103.2, 103.7, 
103.16, 235.1, 235.2, 235.7, and 235.12).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to assess on an ongoing basis 
applicants' eligibility for enrollment in trusted traveler and 
registered traveler programs.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who apply 
to use any form of automated or other expedited inspection for 
verifying eligibility to cross the border into the United States.
CATEGORIES OF RECORDS IN THE SYSTEM:
    TRTP collects the following information on trusted travelers:
    Biographic application data, including:
     Full name;
     Alias(es);
     Date of birth;
     Place of birth;
     Language preference;
     Gender;
     Current and former addresses;
     Telephone numbers;
     IP address;
     Country of citizenship;
     Alien registration number (if applicable);
     Employment history (if available);
     PASS ID or Trusted Traveler membership number;
     Countries visited in the last five years;
     Criminal history (provided by applicant);
     Parental or Legal Guardian permission (if 18 years or 
younger);
     Driver's license number;
     Issuing state or province of the applicant's Driver's 
License;
     Trusted Traveler Program System (TTP) user name and 
password (password is maintained in an encrypted format); and
     Answers to security questions to reset password.
    Vehicle or Vessel information, as appropriate, including:
     Flag and home port (where the vessel is foreign flagged);
     Name, registration number, and registration issuing state 
or province of the applicant's vessel;
     Make and model, year, color, Vehicle Identification Number 
(VIN), and license plate number of the vehicle; and
     Owner name, gender, and date of birth.
    Biometric data, including:
     Fingerprints (collected and stored through the DHS 
Automated Biometric Identification System (IDENT) for future identity 
verification);
     Fingerprint Identification Number (FIN);
     Height;
     Eye color; and
     Facial photographs.
    Information added by DHS/CBP:
     Criminal history information, as well as responsive 
information from other law enforcement databases that support the DHS/
CBP membership decision;
     Law enforcement risk assessment worksheet;
     Pay.gov tracking number;
     Program membership decision in the form of a ``pass/
fail;'' and
     Foreign government membership decisions in the form of a 
``pass/fail.''
    The following information is collected on registered pleasure boat 
travelers:
     Full name;
     Gender;
     Date of birth;
     Place of birth;
     Country of citizenship;
     Address;
     Contact telephone number;
     Alternate telephone number;
     Contact email address;
     Password;
     Document type and number (e.g., U.S. Passport, Permanent 
Resident Card, Birth Certificate), place of issue, and expiration date 
of document; and
     Vessel information including registration number, hull ID 
number, decal number, registered name, location where vessel is 
registered, and vessel description (e.g., length, type, manufacturer, 
model, year, hull colors).
    The following information is collected about Decal and Transponder 
Online Procurement System (DTOPS) registered travelers:
     Account name;
     Physical address;
     Shipping address;
     Pay.gov tracking number;
     Free and Secure Trade (FAST) ID, if the conveyance's owner 
is Customs Trade Partnership Against Terrorism (C-TPAT)/FAST approved;
     Conveyance model year;
     Conveyance manufacturer name;
     Conveyance identification numbers and information, which 
are specific to the type of conveyance (e.g., local registration 
number, an aircraft's tail number, Coast Guard ID number, vessel name);
     Contact name;
     Contact telephone number; and
     Contact email address.

RECORD SOURCE CATEGORIES:
    TRTP records are obtained from the individual and from external law 
enforcement systems. DHS/CBP may use a number of DHS/CBP databases 
during the vetting process before individuals will be enrolled and 
accepted in any trusted traveler program. These databases include the 
Automated Targeting System (ATS), which contains historical and 
enforcement data on travelers, and provides a gateway to other sources 
of data. These other external sources include the Terrorist Screening 
Database, FBI criminal history, and National Crime and

[[Page 14217]]

Information Center outstanding wants/warrants, vehicle and driver's 
license-related data contained in the International Justice and Public 
Safety Network's National Law Enforcement Telecommunications System 
(Nlets) system, and Department of State alien records, lookouts, and 
status indicators. Vetting results are also based on checks of the 
FBI's Integrated Automated Fingerprint Identification System for 
criminal history and IDENT for immigration related records. Trusted 
traveler applicants from partnering foreign countries will have 
membership determinations recorded in TRTP that are received by DHS/CBP 
from their home country's government.

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) 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 foreign governments, at the request of the individual, for 
the purpose of applying to that country's trusted traveler program.
    J. To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency for the purpose of determining an 
individual's eligibility for membership in a trusted traveler or 
registered traveler program.
    K. To federal and foreign government intelligence or 
counterterrorism agencies or components when DHS becomes aware of an 
indication of a threat or potential threat to national or international 
security, or to assist in anti-terrorism efforts.
    L. 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.
    M. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, with 
the approval of the Chief Privacy Officer, when DHS is aware of a need 
to use relevant data, which relate to the purpose(s) stated in this 
SORN, for purposes of testing new technology.
    N. 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:
    Records may be retrieved by any of the personal identifiers listed 
in the categories of records above.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    CBP is proposing to NARA the following retention schedules: Trusted 
traveler data is retained for the duration of an individual's active 
membership plus three years after an individual's membership is no 
longer active, either as a result of expiration without renewal at the 
end of a five-year term, as a result of abandonment, or as a result of 
CBP termination. DTOPS master file data is retained for twelve years 
after the account, decal, transponder, or VIN is inactive or 
deactivated.

[[Page 14218]]

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:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act, 
and the Judicial Redress Act if applicable, because it is a law 
enforcement system. However, DHS/CBP will consider individual requests 
to determine whether information may be released. Thus, 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 FOIA Officer, 
whose contact information can be found at https://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, 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 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 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 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 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 CBP. 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.
    Regardless of whether the Privacy Act or JRA applies, travelers who 
believe that records in this system maintain incorrect or inaccurate 
information may direct inquiries to the CBP Info Center, 1300 
Pennsylvania Avenue NW, Washington, DC 20229. Travelers may also 
contact the DHS Traveler Redress Inquiry Program (DHS TRIP), 601 South 
12th Street, TSA-901, Arlington, VA 22202-4220 or online at 
www.dhs.gov/dhs-trip if they have experienced a travel-related 
screening difficulty, including those they believe may be related to 
incorrect or inaccurate information retained in their record(s).

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2) 
seeks to exempt the law enforcement related records, including 
information from other law enforcement databases that support the DHS/
CBP membership decision, and the law enforcement risk assessment 
worksheet that have been created during the background check and 
vetting process, from the following provisions of the Privacy Act: 5 
U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), (e)(5), and (e)(8); (f); and (g)(1). 
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(k)(2), seeks to exempt records created during the background check 
and vetting process from the following provisions of the Privacy Act: 5 
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),(e)(4)(I); and 
(f).
    Also, the Privacy Act requires DHS maintain an accounting of such 
disclosures made pursuant to all routine uses. However, disclosing the 
fact that CBP has disclosed records covered by this SORN to an external 
law enforcement and/or intelligence agency may negatively affect and 
interfere with ongoing law enforcement, intelligence, or national 
security activity. As such, pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), 
DHS will claim an exemption from (c)(3), (e)(8), and (g)(1) of the 
Privacy Act, as is necessary and appropriate to protect this 
information.
    In addition, when a record contains information from other exempt 
systems of records, DHS/CBP will claim the same exemptions for that 
record as are claimed for the original systems of records and will 
claim any additional exemptions that this notice delineates.
    Finally, in its discretion, CBP may not assert any exemptions with 
regard to accessing or amending an individual's application data in a 
trusted or registered traveler program or accessing their final 
membership determination in the trusted traveler programs.

HISTORY:
    DHS/CBP-002 Global Enrollment System, 78 FR 3441 (January 18, 
2013); DHS/CBP-002 Global Enrollment System of Records, 71 FR 20708 
(April 21, 2006).

Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-04980 Filed 3-10-20; 8:45 am]
 BILLING CODE 9111-14-P