Notice2022-15711
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 22, 2022
Effective
August 22, 2022
Issuing agencies
Homeland Security Department
Abstract
In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP) proposes to establish a new DHS system of records titled, "DHS/CBP-027 Customs Broker Management (CBM)." The records in this system are currently covered under the "DHS/CBP-010 Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities Systems of Records" and historically under the "Treasury/ CS.069 Customs Brokers File". DHS/CBP is creating this new System of Records Notice (SORN) to distinguish the Customs Broker application and exam, license, and vetting records from the other records in "DHS/CBP- 010 Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities Systems of Records". This newly established system will be included in DHS's inventory of record systems.
Full Text
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<title>Federal Register, Volume 87 Issue 140 (Friday, July 22, 2022)</title>
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[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43880-43885]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15711]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. USCBP-2022-0027]
Privacy Act of 1974; System of Records
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice of new Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)
proposes to establish a new DHS system of records titled, ``DHS/CBP-027
Customs Broker Management (CBM).'' The records in this system are
currently covered under the ``DHS/CBP-010 Persons Engaged in
International Trade in Customs and Border Protection Licensed/Regulated
Activities Systems of Records'' and historically under the ``Treasury/
CS.069 Customs Brokers File''. DHS/CBP is creating this new System of
Records Notice (SORN) to distinguish the Customs Broker application and
exam, license, and vetting records from the other records in ``DHS/CBP-
010 Persons Engaged in International Trade in Customs and Border
Protection Licensed/Regulated Activities Systems of Records''. This
newly established system will be included in DHS's inventory of record
systems.
DATES: Submit comments on or before August 22, 2022. This new system
will be effective upon publication. New or modified routine uses will
be effective August 22, 2022.
ADDRESSES: You may submit comments, identified by docket number USCBP-
2022-0027 by one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 202-343-4010.
<bullet> Mail: Lynn Parker Dupree, 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-2022-0027. All comments received will be posted
without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Debra L. Danisek, (202) 344-1610, <a href="/cdn-cgi/l/email-protection#6f1f1d06190e0c16410c0d1f2f0c0d1f410b071c41080019"><span class="__cf_email__" data-cfemail="aededcc7d8cfcdd780cdccdeeecdccde80cac6dd80c9c1d8">[email protected]</span></a>, CBP Privacy
Officer, U.S. Customs and Border Protection, Ronald Reagan Building,
1300 Pennsylvania Avenue NW, Washington, DC 20229. For privacy
questions, please contact: Lynn Parker Dupree, (202) 343-1717,
<a href="/cdn-cgi/l/email-protection#d080a2b9a6b1b3a990b8a1feb4b8a3feb7bfa6"><span class="__cf_email__" data-cfemail="ecbc9e859a8d8f95ac849dc288849fc28b839a">[email protected]</span></a>, 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, the
Department of Homeland Security (DHS) proposes to establish a new DHS
system of records titled, ``DHS/U.S. Customs and Border Protection
(CBP)-027 Customs Broker Management.'' The records in this system are
currently covered under the ``DHS/CBP-010 Persons Engaged in
International Trade in Customs and Border Protection Licensed/Regulated
Activities Systems of Records'' (73 FR 77753, December 19, 2008) and
historically under the ``Treasury/CS.069 Customs Brokers File'' (66 FR
52984, October 18, 2001). DHS/CBP is creating this new System of
Records Notice to distinguish the Customs Broker application, exam,
license, and vetting records from the other records in ``DHS/CBP-010
Persons Engaged in International Trade in Customs and Border Protection
Licensed/Regulated Activities Systems of Records'' (73 FR 77753,
December 19, 2008). In addition, CBP provides notice for a new
collection and maintenance of information (i.e., audio and video
recordings) from individuals taking the Customs Broker License Exam
(CBLE).
Customs Brokers are private individuals, associations,
corporations, or partnerships licensed, regulated, and empowered by CBP
to assist importers and exporters in meeting federal requirements
governing imports and exports. Customs Brokers submit necessary
information and appropriate payments to DHS/CBP on behalf of their
clients and charge a fee for their service. Customs Brokers must have
expertise in the entry procedures, admissibility requirements,
classifications, valuation, and applicable rates of duties, taxes, and
fees for imported merchandise.
Pursuant to 19 CFR 111.11, an individual is eligible to qualify for
a Customs Broker license if he or she (1) is a U.S. citizen on the date
of submission of the application referred to in 19 CFR 111.12(a) (OMB
Control Number 1651-0034/CBP Form 3124) and is not an officer or
employee of the U.S. government, (2) is the age of 21 prior to the date
of submission of the application, (3) possesses good moral character,
and (4) has passed the Customs Broker License Exam, by attaining a
passing grade (75 percent or higher) on the examination taken within
the 3-year period before submission of the application.
A partnership is eligible to qualify for a Customs Broker license
if they have at
[[Page 43881]]
least one member of the partnership who is a broker. See 19 CFR
111.11(b). An association or corporation is eligible to qualify for a
Customs Broker license if (1) they are empowered under its articles of
association or articles of incorporation to transact customs business
as a broker, and (2) have at least one officer who is a broker. See 19
CFR 111.11(c).
DHS/CBP manages the Customs Broker's license program and collects
information from applicants when they register to take the Customs
Broker License Exam, during the administration of the Customs Broker
License Exam, when they apply for a broker's license, throughout the
background investigation processes, through the triennial reporting
process, and through continuing education requirements.
The Customs Broker License Exam is offered to applicants twice a
year. Applicants can go to <a href="https://e.cbp.dhs.gov/ecbp/#/main">https://e.cbp.dhs.gov/ecbp/#/main</a> to
register to take the exam. In addition to providing biographic
information when registering, applicants are also required to pay a
registration fee which is completed though the eCBP portal. Applicants
can register for either an in-person or remotely proctored examination.
DHS/CBP may video and/or audio record applicants taking either in-
person or proctored exams. These recordings allow DHS/CBP to ensure a
fair and equitable examination and monitor compliance with examination
procedures and requirements.
Once an applicant has successfully passed the exam, the applicant
can apply for a Customs Broker license at a CBP facility near where the
applicant plans to transact business as a Broker. The Customs Broker
license package requires applicants to submit additional biographic
information, via CBP Form 3124 (OMB Control No. 1651-0034), and
fingerprints are collected at a CBP facility by a CBP Officer and sent
to the CBP Trusted Worker Program System (TWP).\1\ DHS/CBP will use
this information to conduct a thorough background investigation, which
will include a fingerprint analysis, review of character references, as
well as reviews of credit reports and arrest records. DHS/CBP will use
all available information to determinate whether to grant a Customs
Broker license. Additionally, DHS/CBP conducts periodic reviews of
Broker license holders to determine if a Broker's license should be
revoked.
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\1\ See U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND
BORDER PROTECTION, PRIVACY IMPACT ASSESSMENT FOR THE TRUSTED WORKER
PROGRAM SYSTEM (TWP), DHS/CBP/PIA-062, available at <a href="https://www.dhs.gov/privacy-documents-us-customs-and-border-protection">https://www.dhs.gov/privacy-documents-us-customs-and-border-protection</a>.
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DHS/CBP stores information related to Broker's licenses in the
Automated Commercial Environment system (ACE) and on designated CBP
servers. Fingerprints collected as part of the background investigation
process are stored in the DHS Office of Biometric Identity Management
(OBIM) Automatic Biometric Identification System (IDENT). In addition,
some information will be stored on DHS contractors' systems to assist
in the administration of the Customs Broker License Examination. Any
files related to appeals will be transferred to CBP and maintained on a
CBP system.
Consistent with DHS' information sharing mission, information
stored in the DHS/CBP-027 Customs Broker Management 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.
On September 10, 2021, CBP published a non-Privacy Act Notice of
Proposed Rulemaking (NPRM) in the Federal Register (86 FR 50794)
proposing to amend the CBP regulations to require continuing education
for individual customs broker license holders (individual brokers) and
to create a framework for administering this requirement. The Notice of
Proposed Rulemaking provided for a 60-day comment period, which ended
on November 9, 2021. Under the notice of proposed rulemaking,
individual brokers must earn continuing education credits for a variety
of training or educational activities, whether in-person or online,
including the completion of coursework, seminars, workshops, symposia,
or conventions, and, subject to certain limitations and requirements,
the preparation and presentation of subject matter as an instructor,
discussion leader, or speaker. Individual brokers must report and
certify their compliance with the continuing broker education
requirement upon the submission of the Triennial Status Report (TSR).
CBP intends to publish a Final Rule which will effectuate the changes
described above.
Furthermore, DHS is issuing a concurrent Privacy Act Notice of
Proposed Rulemaking to exempt this system of records from certain
provisions of the Privacy Act elsewhere in the Federal Register.
This newly established system will be included in DHS's inventory
of record systems.
II. Privacy Act
The fair information practice principles found in the Privacy Act
underpin the 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 Judicial Redress Act, along with judicial
review for denials of such requests. In addition, the Judicial Redress
Act prohibits disclosures of covered records, except as otherwise
permitted by the Privacy Act.
Below is the description of the DHS/CBP-027 Customs Broker
Management 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)-027 Customs Broker Management System of Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at CBP Headquarters in Washington, DC, and
field offices. CBP maintains records in the Automated Commercial
Environment system, as well as other applications that support Customs
Broker License Examination and program management. Audio and video
recordings of remotely proctored exams, images of examinees, images of
examinees' identification documents, and broker exam results are stored
on vendor servers. Any files that are subject to Freedom of Information
Act (FOIA)
[[Page 43882]]
and Privacy Act requests will be transferred to CBP by the vendor and
maintained on a CBP system.
SYSTEM MANAGER(S):
Director, Commercial Operations, Revenue and Entry, Office of
Trade, U.S. Customs and Border Protection, 1331 Pennsylvania Avenue NW,
Washington, DC 20229.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
19 U.S.C. 1641 and 19 CFR 111; and 31 U.S.C. 7701(c).
PURPOSE(S) OF THE SYSTEM:
DHS/CBP maintains information about individuals to determine (1) an
individual's suitability for acquiring a Customs Broker license,
whether that individual is representing him or herself or affiliated
with an association, corporation, or partnership, and (2) determine
whether a licensed Customs Broker continues to meet the eligibility
requirements to maintain that Customs Broker license.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals in the system include:
1. Individuals applying for, issued, or denied a Customs Broker
license, whether individually or as part of an organization, including
individuals who register for and attempt the Customs Broker License
Examination;
2. Individuals working for, or applying to work for, a licensed
customs broker, association, corporation, or partnership; and
3. Any other individuals relevant to CBP's determination of the
granting and maintenance of a Customs Broker license.
CATEGORIES OF RECORDS IN THE SYSTEM:
DHS/CBP collects the following information from individuals
registering for the Customs Broker License Examination through the eCBP
portal (OMB Control No. 1651-0034):
<bullet> Individual's Name (First, Last) (Middle initial is
optional);
<bullet> Residence Address and Mailing Address (Street, City,
State, Zip Code);
<bullet> Email Address;
<bullet> Primary Phone Number;
<bullet> Port of Affiliation;
<bullet> Date of Birth;
<bullet> Social Security number (SSN); and
<bullet> American Disabilities Act request for a Reasonable
Accommodation.
CBP also assigns four Unique Identifying Numbers (UID) to the
examinee after they register on eCBP:
<bullet> ACE ID;
<bullet> Exam ID;
<bullet> Receipt Number; and
<bullet> Pay.Gov ID.
DHS/CBP collects the following information from individuals through
vendor servers during the Customs Broker License Examination:
<bullet> Video recording and photo capture of examinee's face at
the Customs Broker License Exam check-in process;
<bullet> Images of examinees;
<bullet> Images of examinees identification documents;
<bullet> Video/audio recording of examinees while testing; and
<bullet> Broker exam results.
Individuals who have passed the Customs Broker License Exam and are
now applying for Customs Brokers License via the CBP 3124 Form (OMB
Control No. 1651-0034) and through the Trusted Worker Program System,
provide CBP with these additional data elements:
<bullet> Type of license applying for (individual, association,
corporation, or partnership);
<bullet> Has the applicant ever applied for a Customs Broker
License? (yes or no);
<bullet> Has the applicant (or any Officer, Member, or Principal)
ever had a license suspended, refused, revoked, or cancelled? (yes or
no);
<bullet> Is this applicant (or any Officer, Member, or Principal)
an Officer or Employee of the United States? (yes or no);
<bullet> Place of Birth (City and State);
<bullet> Tax Identification Number (TIN), or Employer
Identification Number (EIN);
<bullet> U.S. Citizenship (natural-born or naturalized, and date
and place);
<bullet> Criminal History;
<bullet> Financial History (Bankruptcy of personal or business
finances for which you had oversight);
<bullet> Proposed type of Customs Business (Individual,
Association, Corporation, Partnership or Employee);
<bullet> Employment and Character References (References Names,
Phone Numbers, Addresses);
<bullet> Any correspondence (e.g., emails, letters, phone records)
relating to persons engaged in international trade in CBP licensed/
regulated activities; and
<bullet> Fingerprints.
DHS/CBP collects the following information from associations,
corporations, or partnerships through the Customs Brokers License
application, CBP 3124 Form (OMB Control No. 1651-0034):
[cir] Date associations, corporation, or partnership was organized;
[cir] State where organized;
[cir] Attachments:
[cir] Copies of articles of incorporation or association; or
[cir] Evidence of the partnership (copies of articles of agreement
or affidavit signed by all partners.
[cir] Names, Addresses, Titles, and Dates of Birth of all Officers
of the Association or Corporation, and all Principals who have a
controlling interest, who hold individual customs brokers licenses and
give the general nature of duties of each, or if a partnership, the
names and addresses of members who hold such licenses.
[cir] Names, Addresses, Titles, and Dates of Birth of all Officers
and Principals (including corporations, trusts, and/or other
organizations) who have a controlling interest, and partners who do not
hold customs brokers licenses.
CBP collects these additional data elements on the Triennial Status
Report:
<bullet> Broker License Number to identify the correct license for
which the report is being filed;
<bullet> Payment Information;
[cir] Fee Amount;
[cir] Payer Name; and
[cir] Payer Email Address.
<bullet> Employee list for all employees of a Customs Broker,
including:
[cir] Name (First, Last);
[cir] Social Security Number;
[cir] Date of Birth;
[cir] Place of Birth; and
[cir] Home Address (Street, City, State, Zip Code).
<bullet> Proof of continuing education requirement.
Additionally, CBP periodically collects the following information
from the CBP licensed brokers, associations, corporations, or
partnerships:
<bullet> Requests for written approval to employ individual
brokerage employees who have been convicted of a felony.
RECORD SOURCE CATEGORIES:
Records from Customs Broker License Examination applicants are
obtained from the eCBP portal online registration at <a href="https://e.cbp.dhs.gov/ecbp/#/main">https://e.cbp.dhs.gov/ecbp/#/main</a>. Records from Customs Broker applicants come
directly from Customs Broker applicants using CBP Form 3124, and
through information given by the applicant at a CBP facility (same
information) submitted to DHS as stipulated through the licensing
port's requests and stored in the Automated Commercial Environment.
Information on Customs Broker applicants may come from other federal,
state, tribal, or local law enforcement agencies during the background
investigation. DHS/CBP may obtain records from credit reporting
agencies as part of the background investigation. Additional
information about Custom Broker applicants may come from character
references. DHS/CBP obtains information about character references from
the Customs Broker applicant as part of the application as
[[Page 43883]]
well as from the character reference during interviews. Audio and video
recordings of remotely and proctored exams, images of examinees, images
of examinees' identification documents, and broker exam results are
stored on vendor servers. Any files that are subject to Freedom of
Information Act (FOIA) and Privacy Act requests will be transferred to
CBP by the vendor and maintained on a CBP system.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including the U.S. Attorneys
Offices, or other federal agencies conducting litigation or proceedings
before any court, adjudicative, or administrative body, when it is
relevant or necessary to the litigation and one of the following is a
party to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity, only when 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 appropriate federal, state, local, tribal, 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, license,
or treaty where DHS determines that the information would assist in the
enforcement of civil or criminal laws.
J. 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 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 disclosure is
appropriate to the proper performance of the official duties of the
person making the request.
K. 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.
L. To third parties, such as credit bureaus, during the course of a
law enforcement investigation or background check to the extent
necessary to obtain information pertinent to the investigation,
provided disclosure is appropriate to the proper performance of the
official duties of the officer making the disclosure.
M. 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 or 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/CBP stores biographic records related to Broker Management in
the Automated Commercial Environment, or within a CBP server. DHS/CBP
stores biometric records related to Broker Management in IDENT. Audio
recordings, video recordings, images of examinees, images of examinees
identification documents, and broker exam results are stored on a
vendor-owned server. Any files related to appeals will be transferred
to CBP and maintained on a CBP system.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
DHS/CBP may retrieve records by individual's name (first, last, or
middle initial), organization name, Social Security number, tax
identification number, employer identification number, date of birth,
port or port number, email address, phone number, payment receipt
number, project area request type (e.g., request date),
[[Page 43884]]
Customs Broker License Exam Project Areas (e.g., exam date, pass/fail
exam score, exam ID, and application date).
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with NARA-approved agency disposition authority,
``Licensing Records'' DAA-0568-2017-0006-0003, DHS/CBP retains
biographic records in the Automated Commercial Environment system for
six years from date that the license is terminated or the death of the
licensee, as applicable, including the background check records
uncovered as a result of the fingerprints used in the background check.
CBP does not retain the actual fingerprints; however, CBP sends the
fingerprints to OBIM and they are stored for 75 years or when no longer
needed for legal or business purposes, whichever is later. The audio
and video recordings, images of examinees, images of examinees
identification documents, and broker exam results captured during the
Customs Broker Licensing Exam process will be retained in accordance
with the NARA-approved agency disposition authority, ``Customhouse
Broker's Examination Records'' DAA-0568-2017-0006-0002, for three years
and six months after exam and final appeal is concluded, whichever is
applicable. CBP has proposed a new records schedule of 120 days after
cutoff or final review, whichever is later for the audio and video
recordings, images of examinees, images of examinees' identification
documents, and broker exam results data collected and stored by the
vendor. Any files subject to any FOIA or Privacy Act request will be
transferred to CBP and maintained on a CBP system.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/CBP safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. DHS/CBP has imposed strict controls to
minimize the risk of compromising the information that is being stored.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.
RECORD ACCESS PROCEDURES:
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 Freedom of Information Act (FOIA)
Officer, whose contact information can be found at <a href="http://www.dhs.gov/foia">http://www.dhs.gov/foia</a> under ``Contact Information.'' If an individual believes more than
one component maintains Privacy Act records concerning them, 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 or electronically at <a href="https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form">https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form</a>. 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 themself 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 their identity,
meaning that the individual must provide their 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. An
individual may obtain more information about this process at <a href="http://www.dhs.gov/foia">http://www.dhs.gov/foia</a>. In addition, the individual should, whenever
possible:
<bullet> Explain why they believe the Department would have
information being requested;
<bullet> Identify which component(s) of the Department they believe
may have the information;
<bullet> Specify when the individual believes the records would
have been created; and
<bullet> Provide any other information that will help Freedom of
Information Act 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.
Additionally, 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 Broker Management
Branch through the <a href="/cdn-cgi/l/email-protection#a5e7d7cacec0d7e8c4cbc4c2c0c8c0cbd1e5c6c7d58bc1cdd68bc2cad3"><span class="__cf_email__" data-cfemail="6d2f1f0206081f200c030c0a08000803192d0e0f1d4309051e430a021b">[email protected]</span></a> inbox, or to: U.S.
Customs and Border Protection, Office of Trade, Trade Policy and
Programs, Broker Management Branch, 1331 Pennsylvania Ave. NW, 9th
Floor--Broker Management Branch, Washington, DC 20229-1142.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered Judicial Redress
Act records, individuals may make a request for amendment or correction
of a record of the Department about the individual by writing directly
to the Department component that maintains the record, unless the
record is not subject to amendment or correction. 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 Judicial Redress Act applies, individuals
who believe that records in CBP's system include incorrect or
inaccurate information may direct inquiries to the Broker Management
Branch via email through the <a href="/cdn-cgi/l/email-protection#4406362b2f213609252a25232129212a30042726346a202c376a232b32"><span class="__cf_email__" data-cfemail="a4e6d6cbcfc1d6e9c5cac5c3c1c9c1cad0e4c7c6d48ac0ccd78ac3cbd2">[email protected]</span></a> inbox, or via
mail here: U.S. Customs and Border Protection, Office of Trade, Trade
Policy and Programs, Broker Management Branch, 1331 Pennsylvania Ave.
NW, 9th Floor--Broker Management Branch, Washington, DC 20229-1142.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security has exempted this system
pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, portions
of this system 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). Additionally, the Secretary has exempted this
system pursuant to 5 U.S.C. 552a(k)(2) of the Privacy Act from
subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and
(f).
[[Page 43885]]
HISTORY:
None.
Lynn P. Dupree,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2022-15711 Filed 7-21-22; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on July 22, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.