Subject: Federal Register, Volume 76 Issue 212 (Wednesday, November 2, 2011)
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Date: Mon, 11 Jun 2012 16:31:08 -0400

[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Notices]
[Pages 67755-67758]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2011-28406]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0102]

Privacy Act of 1974; Department of Homeland Security U.S. Customs
and Border Protection DHS/CBP-003 Credit/Debit Card Data System of
Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security proposes to establish a new Department of Homeland
Security system of records notice titled ``Department of Homeland
Security/U.S Customs and Border Protection--003 Credit/Debit Card Data
System of Records.'' This system allows U.S. Customs and Border
Protection to collect, use, and maintain records

[[Page 67756]]

related to any credit and debit card transactions with it has with
individuals. Additionally, the Department of Homeland Security is
issuing a Notice of Proposed Rulemaking to exempt this system of
records from certain provisions of the Privacy Act, concurrent with
this system of records elsewhere in the Federal Register. This newly
established system will be included in the Department of Homeland
Security's inventory of record systems.

DATES: Submit comments on or before December 2, 2011. This new system
will be effective December 2, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0102 by one of the following methods:
Federal e-Rulemaking Portal: http://;http://www.regulations.gov/.
Follow the instructions for submitting comments.
Fax: (703) 483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov/,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Laurence E. Castelli (202) 325-0280) Privacy Officer, Office of
International Trade, U.S. Customs and Border Protection, Mint Annex,
799 Ninth Street NW., Washington, DC 20229. For privacy issues please
contact: Mary Ellen Callahan (703) 235-0780, Chief Privacy Officer,
Privacy Office, U.S. Department of Homeland Security, Washington, DC
20528.

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) U.S. Customs and Border
Protection (CBP) proposes to establish a new DHS system of records
notice titled, ``DHS/CBP-003 Credit/Debit Card Data System of
Records.''
This system collects, uses, and maintains records related to any
credit and debit card transactions with CBP. CBP is providing notice to
the public regarding the collection, use, and dissemination of any
credit and debit card transaction information provided to CBP. Many
programs administered by CBP require an individual or business to
provide payment for various purposes, including services, applications,
fees, and duties, among others. As CBP expands methods of payment, many
of these transactions will permit use of credit and debit cards, which
will require the collection of the card data, disseminating that data
to process the transaction, and maintaining the data for recordkeeping
purposes. Information from this system will be shared with the
Department of Treasury, banks, and credit and debit card processors as
necessary. The data will not be used for law enforcement or
intelligence purposes unless the individual's underlying transaction
becomes associated with a law enforcement or intelligence action.
The purpose of this system is to provide payment processing and
recordkeeping of credit and debit card transactions with CBP. Authority
for maintenance of this system is given by The Homeland Security Act of
2002, Public Law 107-296; 5 U.S.C. 301; 8 U.S.C. 1101, et seq.; 19
U.S.C. 1, et seq.; Section 711 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (9/11 Act), (Pub. L. 110-53); and the
Travel Promotion Act (Pub. L. 111-145).
This newly established system will allow CBP to collect credit and/
or debit card payment information from individuals providing payment to
CBP for services, applications, fees, duties, and other official
activities. Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
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. All routine uses proposed are
compatible with the purpose for which the information was collected and
CBP's mission.
Consistent with DHS's information sharing mission, information
stored in the Credit/Debit Card Data system of records may be shared
with other DHS components, as well as appropriate federal, state,
local, foreign, or international or tribal government agencies. This
sharing will only take place after DHS determines that the receiving
component or agency has a need to know the information to carry out
national security, law enforcement, immigration, intelligence, or other
functions consistent with the routine uses set forth in this system of
records notice.
Additionally, the Department of Homeland Security is issuing a
Notice of Proposed Rulemaking to exempt this system of records from
certain provisions of the Privacy Act, concurrent with this system of
records elsewhere in the Federal Register. DHS is not exempting any
data in the system regarding an individual's credit or debit card
transaction. This system, however, may contain records or information
pertaining to the accounting of disclosures made from this system to
other law enforcement or intelligence agencies (federal, state, local,
foreign, international or tribal) in accordance with the published
routine uses or statutory basis for disclosure under 5 U.S.C. 552a(b).
For the accounting of these disclosures only, in accordance with 5
U.S.C. 552a (j)(2), and (k)(2), DHS will claim exemptions for these
records or information.

II. Privacy Act

The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for 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 United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
their records are put, and to assist individuals to more easily find
such files within the

[[Page 67757]]

agency. Below is the description of the U.S. Customs and Border
Protection DHS/CBP-003 Credit/Debit Card Data system of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
Department of Homeland Security (DHS)/U.S. Customs and Border
Protection (CBP)--003

System name:
DHS/CBP--003 Credit/Debit Card Data System.

Security classification:
Unclassified.

System location:
Records are maintained in the Automated Commercial System at the
CBP Headquarters in Washington, DC and field offices.

Categories of individuals covered by the system:
Categories of individuals covered by this system include any
individuals that provide credit or debit card information as a means of
payment to CBP.

Categories of records in the system:
Categories of records in this system include:
Individual's Name;
Address;
Billing Name;
Billing Address;
Credit or Debit Card Number;
Card Expiration Date;
Charge Amount;
Authorization Number; and
Tracking numbers.

Authority for maintenance of the system:
The Homeland Security Act of 2002, Public Law 107-296; 5 U.S.C.
301; 8 U.S.C. 1101, et seq.; 19 U.S.C. 1, et seq.; Section 711 of the
Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11
Act), (Pub. L. 110-53); and the Travel Promotion Act (Pub. L. 111-145).

Purpose(s):
The purpose of this system is to provide payment processing and
recordkeeping of credit and debit card transactions with CBP.

Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States Attorney
Offices) or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is relevant and 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 of DHS in his/her official capacity;
3. any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
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 or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, local, foreign, international
or tribal law enforcement agency or other appropriate authority charged
with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where 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 the Department of Treasury's Pay.gov, banks, and credit and
debit card processors, for payment processing and payment
reconciliation purposes.

Disclosure to consumer reporting agencies:
None.

Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
Records may be retrieved by any of the data elements listed in
categories of records, above.

Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
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.

[[Page 67758]]

Retention and disposal:
Payment information will be maintained in this system for nine
months in an active state to reconcile accounts and six years and three
months in an archived state in conformance with NARA General Schedule 6
Item 1 Financial Records management requirements. The nine month active
status is necessary to handle reconciliation issues (including
chargeback requests and retrievals). CBP must respond to these issues
within 10 to 15 days or lose the payment.

System Manager and address:
Director, Office of Automated Systems, U.S. Customs and Border
Protection Headquarters, 1300 Pennsylvania Avenue NW., Washington, DC
20229.

Notification procedure:
The Secretary of Homeland Security has exempted portions of this
system from the notification, access, and amendment procedures of the
Privacy Act because it is a law enforcement system. However, CBP will
consider individual requests to determine whether or not information
may be released. Thus, Individuals seeking notification of and access
to any record contained in this system of records, or seeking to
contest its content, may submit a request in writing to the
Headquarters or component's FOIA Officer, whose contact information can
be found at http://www.dhs.gov/foia under ``contacts.'' 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, Department of Homeland Security, 245 Murray
Drive SW., Building 410, STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, http://www.dhs.gov/ or 1-(866) 431-0486. In
addition you should provide the following:
An explanation of why you believe the Department would
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.

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

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

Record source categories:
Records are obtained from individuals directly in the course of
collecting payment for various purposes, including services,
applications, fees, and duties, among others.

Exemptions claimed for the system:
No exemption shall be asserted with respect to information
maintained in the system as it relates to data submitted by or on
behalf of a person who provided payment information. Information in the
system may be shared with law enforcement and/or intelligence agencies
pursuant to the above routine uses. The Privacy Act requires DHS
maintain an accounting of the disclosures made pursuant to all routines
uses. Disclosing the fact that a law enforcement or intelligence
agencies has sought particular records may affect ongoing law
enforcement or intelligence activity. As such, pursuant to 5 U.S.C. 552
a (j)(2) and (k)(2), DHS will claim exemption from (c)(3), (d), (e)(8),
and (g) of the Privacy Act of 1974, as amended, as is necessary and
appropriate to protect this information.

Dated: October 3, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-28406 Filed 11-1-11; 8:45 am]
BILLING CODE 9110-06-P