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[Federal Register: April 21, 2006 (Volume 71, Number =
77)]
[Notices]              =20
[Page 20708-20710]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap06-71]                        =20

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[DHS-2005-0053]

=20
Privacy Act of 1974; Systems of Records

AGENCY: Department of Homeland Security; United States Customs and=20
Border Protection.

ACTION: Notice of revision to and expansion of Privacy Act system of=20
records.

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[[Page 20709]]

SUMMARY: This notice announces a revision to and expansion of a=20
previously-established Privacy Act system of records, the Global=20
Enrollment System, to facilitate the creation of a consolidated=20
database to collect biometric and biographic data for individuals who=20
voluntarily exchange personally identifiable information in return for=20
expedited transit at U.S. border entry points. The Global Enrollment=20
System will enhance transportation security by affording United States=20
Customs and Border Protection, the system owner, the opportunity to=20
perform advanced screening on low-risk trusted travelers and to=20
expedite the security screening process of these trusted travelers as=20
their low-risk status is confirmed.

DATES: The revised System of Records will be effective May 22, 2006,=20
unless comments are received that result in a contrary determination.=20
The public is invited to comment on the proposed System of Records.

ADDRESSES: You may submit comments, identified by docket number DHS-
2005-0053 by one of the following methods:
     Federal eRulemaking Portal: http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov.=20

Follow the instructions for submitting comments.
     Fax: (202) 572-8727.
     Mail: Border Security Regulations Branch, Office of=20
Regulations and Rulings, Bureau of Customs and Border Protection, Mint=20
Annex, Washington, DC 20229; Maureen Cooney, Acting Chief Privacy=20
Officer, Department of Homeland Security, 601 S. 12th Street,=20
Arlington, VA 22202-4220.

FOR FURTHER INFORMATION CONTACT: If you have any questions about this=20
notice, please contact Laurence Castelli, Chief, Privacy Act Policy and=20
Procedures Branch, U.S. Customs and Border Protection, Washington, DC=20
20229, Phone: (202) 572-8720, Fax (202) 572-8727; or Maureen Cooney,=20
Acting Chief Privacy Officer, U.S. Department of Homeland Security,=20
Arlington, VA 22202-4220, Phone: (571) 227-3813, Fax: (571) 227-4171.

SUPPLEMENTARY INFORMATION: United States Customs and Border Protection,=20
a component agency of the Department of Homeland Security, currently=20
operates multiple programs at Ports of Entry that offer individuals an=20
expedited transit experience at United States security points in=20
exchange for providing personally identifiable information to=20
facilitate identification of the individual as a ``trusted traveler.''=20
The personally identifiable information now collected for these=20
programs is currently maintained in the Global Enrollment System (GES),=20
a Privacy Act system of records, notice of which was last published in=20
the Federal Register on March 13, 1997, as Justice/INS-017 (62 FR=20
11919).
    CBP inherited these Port of Entry expedited border-crossing=20
programs upon the creation of DHS on March 1, 2003. These local=20
programs were created by both the former Immigration and Naturalization=20
Service and the former U.S. Customs Service to facilitate the regular=20
and recurring border transit of individuals who voluntarily provide=20
information to CBP in exchange for expedited processing at the border.=20
The personally identifiable data collected for these programs is=20
maintained in a legacy GES system, notice of which was originally=20
published in the Federal Register at 62 FR 11919 on March 13, 1997 as=20
Justice/INS-017.
    CBP is now consolidating these various programs, which have=20
operated locally, into a national system as a means for both expanding=20
the expedited border crossing benefit to approved participants and=20
achieving greater uniformity in the criteria for admission to these=20
programs. The information to be collected will continue to be provided=20
primarily by applicants, and will consist of biographic data sufficient=20
for program purposes and biometric data--currently envisioned to be=20
fingerprints and photographs--that will be used for identity=20
verification. In order to complete the enrollment process, the=20
information from applicants will be used to query law enforcement and=20
other databases in order for CBP to decide if an individual can be=20
accepted as a low-risk, ``trusted traveler.'' There will be an=20
opportunity for the individual to verify the accuracy of the=20
information at enrollment. In addition, a redress program will be=20
available so that if errors are made in decisions regarding applicants,=20
a process is available to resolve these discrepancies.
    An enterprise-wide Global Enrollment System (GES) will centralize=20
the application and enrollment functions for these programs in a way=20
that is efficient, integrated and scalable. The proposed revisions to=20
GES are expected to be part of the process by which CBP and the entire=20
Department of Homeland Security, acting in concert with the Department=20
of State and our international partners, adopts 21st century technology=20
to improve the security of our borders while facilitating travel by=20
United States citizens and foreign visitors.
    The Privacy Act (5 U.S.C. 552a) embodies fair information=20
principles in a statutory framework governing the means by which the=20
United States Government collects, maintains, uses and disseminates=20
personally identifiable information. The Act applies to information=20
that is maintained in a ``system of records.'' A ``system of records''=20
is a group of any records under the control of an agency from which=20
information is retrieved by the name of the individual or by some=20
identifying number, symbol, or other identifying particular assigned to=20
the individual.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description of the type and character of each system of=20
records that the agency maintains, and the routine uses for which such=20
information may be disseminated and the purpose for which the system is=20
maintained. The revised and consolidated Global Enrollment System is=20
described below.
    In accordance with 5 U.S.C. 552a(r), a report of this revised=20
system of records has been provided to the Office of Management and=20
Budget (OMB) and to the Congress.
DHS/CBP-002

System Name:
    Global Enrollment System (GES).

System Location:
    This computer database is located at U.S. Customs and Border=20
Protection (CBP) National Data Center in Washington, DC. Computer=20
terminals are located at border ports of entry and airport and seaport=20
inspection facilities under the jurisdiction of the Department of=20
Homeland Security (DHS).

Categories of Individuals Covered by the System:
    Individuals who apply to use any form of automated or other=20
expedited inspection for verifying eligibility to cross the borders=20
into the United States.

Categories of Records in the System:
    The system contains application data such as full name, including=20
nickname or other names used, place and date of birth, gender, current=20
and former addresses, telephone numbers, country of citizenship, alien=20
registration number (if applicable), employment history, biometric=20
data, driver's license number and issuing state or province, the make,=20
model, color, year, license number and license issuing state or=20
province of the applicant's vehicle, the flag and home port (where the=20
vessel is foreign flagged), name, registration number and registration=20
issuing state or province of the applicant's vessel, the name and=20
address of the vehicle's or vessel's registered owners if different=20
from the applicant, and the amount of fee paid. The application may=20
also include such

[[Page 20710]]

information as the frequency of border crossings or travel, and the=20
most frequent reason for crossing the border or travel, information=20
supplied by the applicant as to whether he or she has been arrested or=20
convicted of any violations of law, and information obtained from=20
checks of other law enforcement databases that would confirm or refute=20
this information.

Authority for Maintenance of the System:
    8 U.S.C. 1101, 1103, 1201, 1304, and 1356.

Purpose(s):
    Information in this system is used to adjudicate applications to=20
enter the United States by any available form of automated or other=20
expedited inspection, including that offered to travelers arriving in=20
the United States via dedicated commuter lanes, to pedestrians and=20
vehicles arriving at ports of entry, to pedestrians and vehicles=20
arriving at other lands borders, and to air and sea travelers.

Routine Uses of Records Maintained in the System, Including Categories=20
of Users and the Purposes of Such Uses:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To Federal, State, local, foreign, international or tribal=20
government agencies or organizations during the course of processing=20
applications to elicit information necessary to make decisions on these=20
applications.
    B. To appropriate Federal, State, local, foreign, international or=20
tribal government agencies or organizations that are lawfully engaged=20
in collecting intelligence or law enforcement information (whether=20
civil, criminal or administrative) and/or charged with investigating,=20
prosecuting, enforcing or implementing civil and/or criminal laws,=20
related rules, regulations or orders, to enable these entities to carry=20
out their law enforcement and intelligence responsibilities.
    C. To a Congressional office response to an inquiry from that=20
Congressional office made at the request of the individual to whom the=20
record pertains.
    D. To the National Archives and Records Administration or other=20
federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    E. To the Department of Justice or other federal agency conducting=20
litigation or proceedings before any court, adjudicative or=20
administrative body, when: (a) DHS, or (b) any employee of DHS in his/
her official capacity, or (c) any employee of DHS in his/her individual=20
capacity where DOJ or DHS has agreed to represent the employee, or (d)=20
the United States or any agency thereof, is a party to the litigation=20
or has an interest in such litigation.
    F. To contractors, grantees, experts, consultants, volunteers, and=20
others performing or working on a contract, service, grant, cooperative=20
agreement, or other assignment for the Federal government, when=20
necessary to accomplish an agency function related to this system of=20
records.
    G. To an agency, organization, or individual for the purposes of=20
performing authorized audit or oversight operations.

Policies and Practices for Storing, Retrieving, Accessing, Retaining,=20
and Disposing of Records in the System:
Storage:
    Application information is maintained in paper form and in an=20
automated database in electronic format.

Retrievability:
    These records are retrieved by name, address, vehicle license=20
number or other personal identifier.

Safeguards:
    The system is protected through a multi-layer security approach.=20
The protective strategies are physical, technical, administrative and=20
environmental in nature and provide access control to sensitive data,=20
physical access control to DHS facilities, confidentiality of=20
communications, authentication of sending parties, and personnel=20
screening to ensure that all personnel with access to data are screened=20
through background investigations commensurate with the level of access=20
required to perform their duties.

Retention and Disposal:
    The legacy GES system provides that records will be destroyed three=20
years after the denial of an application as a ``trusted traveler'' or=20
after an issued permit expires. In light of the changes to the program=20
that are envisioned, CBP will work with its Records personnel to=20
develop an appropriate retention schedule that accounts for both=20
operational and privacy concerns.

System Manager and Address:
    Director, Passenger Systems Program Office, Office of Information=20
and Technology, 1300 Pennsylvania Ave., NW., Washington, DC 20229.

Notification Procedures:
    To determine whether this system contains records relating to you,=20
write to the CBP Customer Satisfaction Unit, Office of Field=20
Operations, U.S. Customs and Border Protection, 1300 Pennsylvania=20
Avenue, NW. (Room 5.5C), Washington, DC 20229.

Records Access Procedures:
    Requests for access must be in writing and should be addressed to=20
CBP Customer Satisfaction Unit in the Office of Field Operations, or=20
the DHS Director for Departmental Disclosure and FOIA. Requests should=20
conform to the requirements of 6 CFR part 5, subpart B, which provides=20
the rules for requesting access to Privacy Act records maintained by=20
DHS. The envelope and letter should be clearly marked ``Privacy Act=20
Access Request.'' The request should include a general description of=20
the records sought and must include the requester's full name, current=20
address, and date and place of birth. The request must be signed and=20
either notarized or submitted under penalty of perjury.

Contesting Records Procedures:
    Same as Records Access Procedures above. State clearly and=20
concisely the information being contested, the reasons for contesting=20
it, and the proposed amendment to the information sought.

Record Source Categories:
    The primary source of information is the application. Other law=20
enforcement records systems may be used as part of adjudicating the=20
applications.

Exemptions Claimed for the System:
    Records and information in this system obtained from checks of=20
other law enforcement databases are exempt from 5 U.S.C. 552a(c)(3),=20
(c)(4), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3),=20
(e)(4)(G), (H), and (I), (5) and (8), (f), and (g) of the Privacy Act=20
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). No exemptions are claimed=20
for information obtained from an application or otherwise submitted by=20
an applicant.

    Dated: April 13, 2006.
Maureen Cooney,
Acting Chief Privacy Officer.
[FR Doc. E6-5968 Filed 4-20-06; 8:45 am]

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