Rule2021-19472
Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security, U.S. Customs and Border Protection-002 Trusted and Registered Traveler Programs System of Records
Primary source
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Published
September 10, 2021
Effective
September 10, 2021
Issuing agencies
Homeland Security Department
Abstract
The U.S. Department of Homeland Security (DHS) is issuing a final rule to amend its regulations to exempt portions of a newly updated and reissued system of records titled, ``DHS/U.S. Customs and Border Protection-002 Trusted and Registered Traveler Programs (TRTP) System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Full Text
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<title>Federal Register, Volume 86 Issue 173 (Friday, September 10, 2021)</title>
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[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Rules and Regulations]
[Pages 50603-50604]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19472]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 /
Rules and Regulations
[[Page 50603]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. USCBP-2021-0031]
Privacy Act of 1974: Implementation of Exemptions; U.S.
Department of Homeland Security, U.S. Customs and Border Protection-002
Trusted and Registered Traveler Programs System of Records
AGENCY: U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Homeland Security (DHS) is issuing a
final rule to amend its regulations to exempt portions of a newly
updated and reissued system of records titled, ``DHS/U.S. Customs and
Border Protection-002 Trusted and Registered Traveler Programs (TRTP)
System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of this system of records
from one or more provisions of the Privacy Act because of criminal,
civil, and administrative enforcement requirements.
DATES: This final rule is effective September 10, 2021.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Debra Danisek, <a href="/cdn-cgi/l/email-protection#2373514a5542405a0d606173634041530d474b500d444c55"><span class="__cf_email__" data-cfemail="4c1c3e253a2d2f35620f0e1c0c2f2e3c6228243f622b233a">[email protected]</span></a>, (202) 344-1610, CBP Privacy
Officer, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue
NW, Washington, DC 20229. For privacy issues please contact: Lynn
Parker Dupree, (202) 343-1717, Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Homeland Security (DHS) U.S. Customs and
Border Protection (CBP) published a notice of proposed rulemaking in
the Federal Register, 85 FR 14176 (March 11, 2020), proposing to exempt
portions of the system of records from one or more provisions of the
Privacy Act because of criminal, civil, and administrative enforcement
requirements. DHS issued the ``DHS/CBP-002 Trusted and Registered
Traveler Programs System of Records'' in the Federal Register at 85 FR
14214 (March 11, 2020), to provide notice to the public that (1) DHS/
CBP updated the name of the system of records from Global Enrollment
System (GES); (2) DHS/CBP provided a more comprehensive description of
the trusted and registered traveler programs to include Global Entry,
NEXUS, Secure Electronic Network for Travelers Rapid Inspection
(SENTRI), Free and Secure Trade (FAST) program, and U.S.-Asia Economic
Cooperation (APEC) Business Travel Card (ABTC) Program; and (3) DHS/CBP
removed references to CBP Trusted Worker Programs which are covered by
the DHS/CBP-010 Persons Engaged in International Trade in Customs and
Border Protection Licensed/Regulated Activities System of Records
Notice, 73 FR 77753 (December 19, 2008).
DHS/CBP invited comments on both the notice of proposed rulemaking
(NPRM) and System of Records Notice (SORN).
II. Public Comments
DHS received no comments on the NPRM and one non-substantive
comment on the SORN. After full consideration of the public comment,
the Department will implement the rulemaking as proposed.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS amends chapter I of
title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. The authority citation for part 5 continues to read as follows:
Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
0
2. Amend appendix C to part 5 by adding paragraph 84 to read as
follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
84. The U.S. Department of Homeland Security (DHS)/U.S. Customs
and Border Protection (CBP)-002 Trusted and Registered Traveler
Program (TRTP) System of Records consists of electronic and paper
records and will be used by DHS and its components. The DHS/CBP-002
TRTP System of Records collects and maintains records on individuals
who voluntarily provide personally identifiable information to U.S.
Customs and Border Protection in return for enrollment in a program
that will make them eligible for dedicated CBP processing at
designated U.S. border ports of entry and foreign preclearance
facilities. The DHS/CBP-002 TRTP system of records contains
personally identifiable information in biographic application data,
biometric information, conveyance information, pointer information
to other law enforcement databases that support the DHS/CBP
membership decision, Law Enforcement risk assessment worksheets,
payment tracking numbers, and U.S. or foreign trusted traveler
membership decisions in the form of a ``pass/fail.''
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the following provisions
of the Privacy Act: 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and (g)(1).
Additionally, the Secretary of Homeland Security, pursuant to 5
U.S.C. 552a(k)(2), has exempted 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 to an external
law enforcement and/or intelligence agency may affect ongoing law
enforcement, intelligence, or national security activity. As such,
the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2)
and (k)(2) has exempted these records 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 received from another system has been
exempted in that source system under 5 U.S.C. 552a(j)(2), DHS will
claim the same exemptions for those records that are claimed for the
original primary systems of records from which they originated and
claims any additional exemptions set forth here.
[[Page 50604]]
Finally, in its discretion, CBP will 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 or registered traveler
programs.
Exemptions from these particular subsections are justified, on a
case-by-case basis to be determined at the time a request is made,
for the following reasons:
(a) From subsection (c)(3) and (4) (Accounting for Disclosures)
because release of the accounting of disclosures could alert the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation to the existence of that
investigation and reveal investigative interest on the part of DHS
as well as the recipient agency. Disclosure of the accounting would
therefore present a serious impediment to law enforcement efforts
and/or efforts to preserve national security. Disclosure of the
accounting would also permit the individual who is the subject of a
record to impede the investigation, to tamper with witnesses or
evidence, and to avoid detection or apprehension, which would
undermine the entire investigative process. When an investigation
has been completed, information on disclosures made may continue to
be exempted if the fact that an investigation occurred remains
sensitive after completion.
(b) From subsection (d) (Access and Amendment to Records)
because access to certain records contained in this system of
records could inform the subject of an investigation of an actual or
potential criminal, civil, or regulatory violation to the existence
of that investigation and reveal investigative interest on the part
of DHS or another agency. Access to certain records could also
permit the individual who is the subject of a record to impede the
investigation, to tamper with witnesses or evidence, and to avoid
detection or apprehension. Amendment of certain records could
interfere with ongoing investigations and law enforcement
activities. Further, permitting amendment to counterintelligence
records after an investigation has been completed would impose an
unmanageable administrative burden. In addition, permitting access
and amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.
(c) From subsection (e)(1) (Relevancy and Necessity of
Information) because in the course of investigations into potential
violations of federal law, the accuracy of information obtained or
introduced occasionally may be unclear, or the information may not
be strictly relevant or necessary to a specific investigation. In
the interests of effective law enforcement, it is appropriate to
retain all information that may aid in establishing patterns of
unlawful activity.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of the investigation, thereby interfering with
that investigation and related law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information could impede law enforcement by
compromising the existence of a confidential investigation or reveal
the identity of witnesses or confidential informants.
(f) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency
Requirements) and (f) (Agency Rules), because portions of this
system are exempt from the individual access provisions of
subsection (d) for the reasons noted above, and therefore DHS is not
required to establish requirements, rules, or procedures with
respect to such access. Providing notice to individuals with respect
to existence of records pertaining to them in the system of records
or otherwise setting up procedures pursuant to which individuals may
access and view records pertaining to themselves in the system would
undermine investigative efforts and reveal the identities of
witnesses, and potential witnesses, and confidential informants.
(g) From subsection (e)(5) (Collection of Information) because
with the collection of information for law enforcement purposes, it
is impossible to determine in advance what information is accurate,
relevant, timely, and complete.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS's ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal and could result in disclosure of
investigative techniques, procedures, and evidence.
(i) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-19472 Filed 9-9-21; 8:45 am]
BILLING CODE 9111-14-P
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