81 FR 4040 - Privacy Act of 1974; Department of Homeland Security U.S. Customs and Border Protection-007 Border Crossing Information System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 15 (January 25, 2016)

Page Range		4040-4045
FR Document		2016-01331
In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-007 Border Crossing Information (BCI) System of Records.'' This system of records allows DHS/CBP to collect and maintain records on border crossing information for all individuals who enter, are admitted or paroled into, and (when available) exit from the United States, regardless of method or conveyance. The BCI includes certain biographic and biometric information; photographs; certain mandatory or voluntary itinerary information provided by air, sea, bus, and rail carriers or any other forms of passenger transportation; and the time and location of the border crossing. This system of records notice was previously published in the Federal Register on May 11, 2015 (80 FR 26937). A Final Rule exempting portions of this system from certain provisions of the Privacy Act was published on Feb. 3, 2010, and remains in effect (75 FR 5491); however, the Department of Homeland Security recently published a Notice of Proposed Rulemaking to clarify the exemptions for this system (80 FR 79487, Dec. 22, 2015) and a new Final Rule is forthcoming. DHS/CBP is updating this system of records notice to provide notice of that BCI may be stored on both DHS unclassified and classified networks to allow for analysis and vetting consistent with existing DHS/CBP authorities and purposes and this published notice. Furthermore, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. The exemptions for the existing system of records notice published May 11, 2015 (80 FR 26937) continue to apply for this updated system of records for those categories of records listed in the previous BCI system of records notice. DHS will include this system in its inventory of record systems.
Federal Register, Volume 81 Issue 15 (Monday, January 25, 2016)
[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Notices]
[Pages 4040-4045]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01331]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0006]


Privacy Act of 1974; Department of Homeland Security U.S. Customs 
and Border Protection-007 Border Crossing Information System of Records

AGENCY: Privacy Office, Department of Homeland Security.

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 update and reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security (DHS)/U.S. Customs and Border Protection (CBP)-007 Border 
Crossing Information (BCI) System of Records.'' This system of records 
allows DHS/CBP to collect and maintain records on border crossing 
information for all individuals who enter, are admitted or paroled 
into, and (when available) exit from the United States, regardless of 
method or conveyance. The BCI includes certain biographic and biometric 
information; photographs; certain mandatory or voluntary itinerary 
information provided by air, sea, bus, and rail carriers or any other 
forms of passenger transportation; and the time and location of the 
border crossing.
    This system of records notice was previously published in the 
Federal Register on May 11, 2015 (80 FR 26937). A Final Rule exempting 
portions of this system from certain provisions of the Privacy Act was 
published on Feb. 3, 2010, and remains in effect (75 FR 5491); however, 
the Department of Homeland Security recently published a Notice of 
Proposed Rulemaking to clarify the exemptions for this system (80 FR 
79487, Dec. 22, 2015) and a new Final Rule is forthcoming.
    DHS/CBP is updating this system of records notice to provide notice 
of that BCI may be stored on both DHS unclassified and classified 
networks to allow for analysis and vetting consistent with existing 
DHS/CBP authorities and purposes and this published notice. 
Furthermore, this notice includes non-substantive changes to simplify 
the formatting and text of the previously published notice.
    The exemptions for the existing system of records notice published 
May 11, 2015 (80 FR 26937) continue to apply for this updated system of 
records for those categories of records listed in the previous BCI 
system of records notice. DHS will include this system in its inventory 
of record systems.

DATES: This updated system will be effective upon the public display of 
this notice. Although this system is effective upon publication, DHS 
will accept and consider comments from the public and evaluate the need 
for any revisions to this notice.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0006 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Karen L. Neuman, 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, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
John Connors (202) 344-1610, Privacy Officer, U.S. Customs and Border 
Protection, Privacy and Diversity Office, 1300 Pennsylvania Avenue, 
Washington, DC 20229. For privacy questions, please contact: Karen L. 
Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, 
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 update and reissue a current DHS system of 
records titled, ``DHS/CBP-007 Border Crossing Information (BCI) System 
of Records.'' DHS/CBP is updating the system location for this system 
of records notice (SORN) to reflect that records within the DHS/CBP BCI 
system are also stored on both DHS unclassified and classified networks 
to allow for analysis and vetting consistent with existing DHS/CBP 
authorities and purposes and this published notice.
    DHS/CBP's priority mission is to prevent terrorists and terrorist 
weapons from entering the country while facilitating legitimate travel 
and trade. To facilitate this mission, DHS/CBP

[[Page 4041]]

maintains BCI about all individuals who enter, are admitted or paroled 
into, and (when available) exit from the United States regardless of 
method or conveyance. The BCI includes certain biographic and biometric 
information; photographs; certain mandatory or voluntary itinerary 
information provided by air, sea, bus, and rail carriers or any other 
forms of passenger transportation; and the time and location of the 
border crossing. BCI resides on the TECS (not an acronym) information 
technology (IT) platform. DHS/CBP is updating this system of records 
notice to provide notice that BCI records may be stored on both DHS 
unclassified and classified networks to allow for analysis and vetting 
consistent with existing DHS/CBP authorities and purposes and this 
published notice.
    DHS/CBP is responsible for collecting and reviewing BCI from 
travelers entering and departing the United States as part of DHS/CBP's 
overall border security and enforcement missions. All individuals 
crossing the border are subject to DHS/CBP processing upon arrival in 
the United States. Each traveler entering the United States is required 
to establish his or her identity, nationality, and admissibility, as 
applicable, to the satisfaction of a CBP Officer during the clearance 
process. To manage this process, DHS/CBP creates a record of an 
individual's admission or parole into the United States at a particular 
time and port of entry. DHS/CBP also collects information about U.S. 
citizens and certain aliens (in-scope travelers pursuant to 8 CFR 
215.8, ``requirements for biometric identifiers from aliens on 
departure from the United States'') upon departure from the United 
States for law enforcement purposes and to document their border 
crossing.
    DHS is statutorily mandated to create and integrate an automated 
entry and exit system that records the arrival and departure of aliens, 
verifies alien identities, and authenticates alien travel documents 
through the comparison of biometric identifiers (8 U.S.C. 1365(b)). 
Certain aliens may be required to provide biometrics (including digital 
fingerprint scans, palm prints, photographs, facial and iris images, or 
other biometric identifiers) upon arrival in or departure from the 
United States. The biometric data is stored in the Automated Biometric 
Identification System (IDENT) IT system. IDENT stores and processes 
biometric data (e.g., digital fingerprints, palm prints, photographs, 
and iris scans) and links biometrics with biographic information to 
establish and verify identities. The IDENT IT system serves as the 
biometric repository for DHS and also stores related biographic 
information.
    Collection of additional biometric information from individuals 
crossing the border (such as information regarding scars, marks, 
tattoos, and palm prints) aids biometric sharing between the Department 
of Justice (DOJ) Integrated Automated Fingerprint Identification System 
(IAFIS)/Next Generation Identification (NGI) and the IDENT system. The 
end result is enhanced access to (and in some cases acquisition of) 
IAFIS/NGI information by the IDENT system and its users. DHS, DOJ/FBI, 
and the Department of State (DOS)/Bureau of Consular Services entered 
into a Memorandum of Understanding (MOU) for Improved Information 
Sharing Services in 2008. The MOUs established the framework for 
sharing information in accordance with an agreed-upon technical 
solution for expanded IDENT/IAFIS/NGI interoperability, which provides 
access to additional data for a greater number of authorized users.
    CBP collects border crossing information stored in this system of 
records through a number of sources, for example: (1) Travel documents 
(e.g., a foreign passport) presented by an individual at a CBP port of 
entry when he or she provided no advance notice of the border crossing 
to CBP; (2) carriers that submit information in advance of travel 
through the Advance Passenger Information System (APIS); (3) 
information stored in the Global Enrollment System (GES) (see DHS/CBP-
002 Global Enrollment System (GES) SORN, 78 FR 3441, (January 16, 
2013)) as part of a trusted or registered traveler program; (4) non-
federal governmental authorities that issued valid travel documents 
approved by the Secretary of DHS (e.g., an Enhanced Driver's License 
(EDL)); (5) another federal agency that issued a valid travel document 
(e.g., data from a DOS visa, passport including passport card, or 
Border Crossing Card); and (6) the Canada Border Services Agency (CBSA) 
pursuant to the Beyond the Border Entry/Exit Program. When a traveler 
enters, is admitted to, paroled into, or departs from the United 
States, his or her biographical information, photograph (when 
available), and crossing details (time and location) are maintained in 
accordance with the DHS/CBP-007 Border Crossing Information SORN.
    DHS/CBP is updating the system location to inform the public that 
certain BCI information may be replicated from the operational system 
and maintained on DHS unclassified and classified networks to allow for 
analysis and vetting consistent with existing DHS/CBP authorities and 
purposes and this published notice. Furthermore, this notice includes 
non-substantive changes to simplify the formatting and text of the 
previously published notice.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/CBP-007 BCI SORN 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.
    The exemptions for the existing system of records notice published 
May 11, 2015 (80 FR 26937) continue to apply for this updated system of 
records for those categories of records listed in the previous System 
of Records Notice. A Final Rule exempting portions of this system from 
certain provisions of the Privacy Act was published on Feb. 3, 2010, 
and remains in effect (75 FR 5491); however, the Department of Homeland 
Security recently published a Notice of Proposed Rulemaking to clarify 
the exemptions for this system (80 FR 79487, Dec. 22, 2015) and a new 
Final Rule is forthcoming. Furthermore, to the extent certain 
categories of records are ingested from other systems, the exemptions 
applicable to the source systems will remain in effect.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which the Federal 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 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. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/CBP-007 Border Crossing 
Information (BCI) 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.

[[Page 4042]]

System of Records:
    Department of Homeland Security (DHS)/U.S. Customs and Border 
Protection (CBP)-007.

System name:
    DHS/CBP-007 Border Crossing Information (BCI).

Security classification:
    Unclassified, Sensitive, For Official Use Only (FOUO), and Law 
Enforcement-Sensitive (LES). The data may be retained on classified 
networks, but this does not change the nature and character of the data 
until it is combined with classified information.

System location:
    DHS/CBP currently maintains records in the operational information 
technology (IT) system at DHS/CBP Headquarters in Washington, DC and at 
field offices. This computer database is located at DHS/CBP National 
Data Center (NDC) in Washington, DC Computer terminals are located at 
customhouses, border ports of entry, airport inspection facilities 
under the jurisdiction of DHS/CBP, and other locations at which DHS/CBP 
authorized personnel may be posted to facilitate DHS's mission. 
Terminals may also be located at appropriate facilities for other 
participating government agencies. Records are replicated from the 
operational IT system and maintained on DHS unclassified and classified 
networks.

Categories of individuals covered by the system:
    Individuals with records stored in BCI include U.S. citizens, 
lawful permanent residents (LPR), and immigrant and non-immigrant 
aliens who lawfully cross the U.S. border by air, land, or sea, 
regardless of method of transportation or conveyance.

Categories of records in the system:
    DHS/CBP collects and stores the following records in the BCI system 
as border crossing information:
     Full name (last, first, and, if available, middle);
     Date of birth;
     Gender;
     Travel document type and number (e.g., passport 
information, permanent resident card, Trusted Traveler Program card);
     Issuing country or entity and expiration date;
     Photograph (when available);
     Country of citizenship;
     Tattoos;
     Scars;
     Marks;
     Palm prints;
     Digital fingerprints;
     Photographs;
     Digital iris scans;
     Radio Frequency Identification (RFID) tag number(s) (if 
land or sea border crossing);
     Date and time of crossing;
     Lane for clearance processing;
     Location of crossing;
     Secondary Examination Status; and
     For land border crossings only, license plate number or 
Vehicle Identification Number (VIN) (if no plate exists).
    CBP maintains in BCI information derived from an associated APIS 
transmission (when applicable), including:
     Full name (last, first, and, if available, middle);
     Date of birth;
     Gender;
     Country of citizenship;
     Passport/alien registration number and country of 
issuance;
     Passport expiration date;
     Country of residence;
     Status on board the aircraft;
     Travel document type;
     United States destination address (for all private 
aircraft passengers and crew, and commercial air, rail, bus, and vessel 
passengers except for U.S. Citizens, LPRs, crew, and those in transit);
     Place of birth and address of permanent residence 
(commercial flight crew only);
     Pilot certificate number and country of issuance (flight 
crew only, if applicable);
     Passenger Name Record (PNR) locator number;
     Primary inspection lane;
     ID inspector;
     Records containing the results of comparisons of 
individuals to information maintained in CBP's law enforcement 
databases as well as information from the Terrorist Screening Database 
(TSDB);
     Information on individuals with outstanding wants or 
warrants; and
     Information from other government agencies regarding high 
risk parties.
    CBP collects records under the Entry/Exit Program with Canada, such 
as border crossing data from the CBSA, including:
     Full name (last, first, and if available, middle);
     Date of Birth;
     Nationality (citizenship);
     Gender;
     Document Type;
     Document Number;
     Document Country of Issuance;
     Port of entry location (Port code);
     Date of entry; and
     Time of entry.
    In addition, air and sea carriers or operators covered by the APIS 
rules and rail and bus carriers (to the extent voluntarily applicable) 
also transmit or provide the following information to CBP for retention 
in BCI:
     Airline carrier code;
     Flight number;
     Vessel name;
     Vessel country of registry/flag;
     International Maritime Organization number or other 
official number of the vessel;
     Voyage number;
     Date of arrival/departure;
     Foreign airport/port where the passengers and crew members 
began their air/sea transportation to the United States;
     For passengers and crew members destined for the United 
States:
    [cir] The location where the passengers and crew members will 
undergo customs and immigration clearance by CBP.
     For passengers and crew members who are transiting through 
(and crew on flights over flying) the United States and not clearing 
CBP:
    [cir] The foreign airport/port of ultimate destination; and
    [cir] Status on board (whether an individual is crew or non-crew).
     For passengers and crew departing the United States:
    [cir] Final foreign airport/port of arrival.
    Other information also stored in this system of records includes:
     Aircraft registration number provided by pilots of private 
aircraft;
     Type of aircraft;
     Call sign (if available);
     CBP issued decal number (if available);
     Place of last departure (e.g., ICAO airport code, when 
available);
     Date and time of aircraft arrival;
     Estimated time and location of crossing U.S. border or 
coastline;
     Name of intended airport of first landing, if applicable;
     Owner or lessee name (first, last, and middle, if 
available, or business entity name);
     Owner or lessee contact information (address, city, state, 
zip code, country, telephone number, fax number, and email address, 
pilot, or private aircraft pilot name);
     Pilot information (license number, street address (number 
and street, city state, zip code, country, telephone number, fax 
number, and email address));
     Pilot license country of issuance;
     Operator name (for individuals: last, first, and middle, 
if available; or name of business entity, if available);

[[Page 4043]]

     Operator street address (number and street, city, state, 
zip code, country, telephone number, fax number, and email address);
     Aircraft color(s);
     Complete itinerary (foreign airport landings within 24 
hours prior to landing in the United States);
     24-hour emergency point of contact information (e.g., 
broker, dispatcher, repair shop, or other third party who is 
knowledgeable about this particular flight)
    [cir] Full name (last, first, and middle (if available)) and 
telephone number; and
     Incident to the transmission of required information via 
eAPIS (for general aviation itineraries, pilot, and passenger 
manifests), records will also incorporate the pilot's email address.
    To the extent private aircraft operators and carriers operating in 
the land border environment may transmit APIS, similar information may 
also be recorded in BCI by CBP with regard to such travel. CBP also 
collects the license plate number of the conveyance (or VIN number when 
no plate exists) in the land border environment for both arrival and 
departure (when departure information is available).

Authority for maintenance of the system:
    Authority for BCI is provided by the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (Pub. L. 107-173, 116 Stat. 543 (2002)); 
the Aviation and Transportation Security Act of 2001 (Pub. L. 107-71, 
115 Stat. 597); the Intelligence Reform and Terrorism Prevention Act of 
2004 (Pub. L. 108-458, 118 Stat. 3638 (2004)); the Immigration and 
Nationality Act, as amended (8 U.S.C. 1185 and 1354); and the Tariff 
Act of 1930, as amended (19 U.S.C. 1322-1683g, including 19 U.S.C. 66, 
1433, 1454, 1485, 1624 and 2071).

Purpose(s):
    DHS/CBP collects and maintains this information to vet and inspect 
persons arriving in or departing from the United States; to determine 
identity, citizenship, and admissibility; and to identify persons who: 
(1) May be (or are suspected of being) a terrorist or having 
affiliations to terrorist organizations; (2) have active warrants for 
criminal activity; (3) are currently inadmissible or have been 
previously removed from the United States; or (4) have been otherwise 
identified as potential security risks or raise a law enforcement 
concern. For immigrant and non-immigrant aliens, the information is 
also collected and maintained to ensure information related to a 
particular border crossing is available for providing any applicable 
benefits related to immigration or other enforcement purposes. Lastly, 
DHS/CBP maintains information in BCI to retain a historical record of 
persons crossing the border to facilitate law enforcement, 
counterterrorism, and benefits processing.
    DHS/CBP maintains a replica of some or all of the data in the 
operating system on DHS unclassified and classified networks to allow 
for analysis and vetting consistent with the above stated purposes and 
this published notice.

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 (DOJ), including Offices of the 
United States Attorneys, or other federal agency 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 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. 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 the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) 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, 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 appropriate federal, state, tribal, local, 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, or 
license, when DHS believes the information would assist enforcement of 
applicable civil or criminal laws.
    I. To the CBSA for law enforcement and immigration purposes, as 
well as to facilitate cross-border travel when an individual enters the 
United States from Canada.
    J. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations when 
DHS reasonably believes there to be a threat (or potential threat) to 
national or international security for which the information may be 
relevant in countering the threat (or potential threat).
    K. To a federal, state, tribal, or local agency, other appropriate 
entity or

[[Page 4044]]

individual, or foreign governments, in order to provide relevant 
information related to intelligence, counterintelligence, or 
antiterrorism activities authorized by U.S. law, E.O., or other 
applicable national security directive.
    L. To an organization or individual in either the public or private 
sector (foreign or domestic) when there is a reason to believe that the 
recipient is (or could become) the target of a particular terrorist 
activity or conspiracy, or when the information is relevant and 
necessary to the protection of life or property.
    M. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purposes of protecting the vital interests of the data subject or 
other persons, including to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease, to combat other significant public health 
threats, or to provide appropriate notice of any identified health 
threat or risk.
    N. 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 response to a subpoena, or in connection with 
criminal law proceedings.
    O. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation.
    P. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations when 
DHS is aware of a need to use relevant data for purposes of testing new 
technology.
    Q. 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.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    DHS/CBP stores records in this system electronically in the 
operational IT system, including on DHS unclassified and classified 
networks, or on paper in secure facilities in a locked drawer behind a 
locked door. The records may be stored on magnetic disc, tape, digital 
media, and CD-ROM.

Retrievability:
    DHS/CBP retrieves records by name or other personal identifiers 
listed in the categories of records, above.

Safeguards:
    DHS/CBP safeguards records in this system in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls are imposed to 
minimize the risk of compromising the information that is being stored. 
DHS/CBP limits access to BCI to those individuals who have a need to 
know the information for the performance of their official duties and 
who also have appropriate clearances or permissions.

Retention and disposal:
    DHS/CBP is working with NARA to develop the appropriate retention 
schedule based on the information below. For persons DHS/CBP determines 
to be U.S. citizens and LPRs, information in BCI that is related to a 
particular border crossing is maintained for 15 years from the date 
when the traveler entered, was admitted to or paroled into, or departed 
the United States, at which time it is deleted from BCI. For non-
immigrant aliens, the information will be maintained for 75 years from 
the date of admission or parole into or departure from the United 
States in order to ensure that the information related to a particular 
border crossing is available for providing any applicable benefits 
related to immigration or for other law enforcement purposes.
    Information related to border crossings prior to a change in status 
will follow the 75 year retention period for non-immigrant aliens who 
become U.S. citizens or LPRs following a border crossing that leads to 
the creation of a record in BCI. All information regarding border 
crossing by such persons following their change in status will follow 
the 15 year retention period applicable to U.S. citizens and LPRs. For 
all travelers, however, BCI records linked to active law enforcement 
lookout records, DHS/CBP matches to enforcement activities, or 
investigations or cases remain accessible for the life of the primary 
records of the law enforcement activities to which the BCI records may 
relate, to the extent retention for such purposes exceeds the normal 
retention period for such data in BCI.
    Records replicated on the unclassified and classified networks for 
analysis and vetting will follow the same retention schedule.

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:
    DHS/CBP allows persons (including foreign nationals) to seek 
administrative access under the Privacy Act to information maintained 
in BCI. However, the Secretary of DHS exempted portions of this system 
from the notification, access, and amendment procedures of the Privacy 
Act because it is a law enforcement system. Nonetheless, DHS/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 DHS Chief 
Freedom of Information Act (FOIA) Officer or CBP 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 that concern him or her, the individual 
may submit the request to the Chief Privacy Officer and Chief FOIA 
Officer, Department of Homeland Security, 245 Murray Lane 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. Although no specific form 
is required, you may obtain forms for this purpose from the Chief 
Privacy Officer and Chief Freedom of Information Act Officer,

[[Page 4045]]

http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
     Explain 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; and
     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 the above information, CBP 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.
    In processing requests for access to information in this system, 
CBP will review the records in the operational system and coordinate 
with DHS to address access to records on the DHS unclassified and 
classified networks.

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

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

Record source categories:
    DHS/CBP collects information from individuals who arrive in, depart 
from, or transit through the United States. This system also collects 
information from carriers that operate vessels, vehicles, aircraft, or 
trains that enter or exit the United States, including private aircraft 
operators. Lastly, BCI receives border crossing information received 
from CBSA.

Exemptions claimed for the system:
    No exemption shall be asserted with respect to information 
maintained in the system that is collected from a person at the time of 
crossing and submitted by that person's air, sea, bus, or rail carriers 
if that person, or his or her agent, seeks access or amendment of such 
information.
    The Privacy Act, however, requires DHS to maintain an accounting of 
the disclosures made pursuant to all routines uses. Disclosing the fact 
that a law enforcement or intelligence agency has sought particular 
records may affect ongoing law enforcement activities. The Secretary of 
Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), exempted this 
system from the following provisions of the Privacy Act: Sections 
(c)(3), (e)(8), and (g) of the Privacy Act of 1974, as amended, as is 
necessary and appropriate to protect this information. Further, DHS has 
exempted section (c)(3) of the Privacy Act of 1974, as amended, 
pursuant to 5 U.S.C. 552a(k)(2) as is necessary and appropriate to 
protect this information.
    Additionally, this system contains records or information 
recompiled from or created from information contained in other systems 
of records that are exempt from certain provision of the Privacy Act. 
This system also contains accountings of disclosures made with respect 
to information maintained in the system. For these records or 
information only, in accordance with 5 U.S.C. 552a(j)(2) and (k)(2), 
DHS will also claim the original exemptions for these records or 
information from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); 
(e)(1), (2), (3), (4)(G) through (I), (5), and (8); (f); and (g) of the 
Privacy Act of 1974, as amended, as necessary and appropriate to 
protect such information.

    Dated: January 14, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-01331 Filed 1-22-16; 8:45 am]
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4040 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Notices

MSC 7766, Bethesda, MD 20892, DEPARTMENT OF HOMELAND notice. DHS will include this system in
301.326.9721 Lorangd@mail.nih.gov. SECURITY its inventory of record systems.
Name of Committee: Integrative, DATES: This updated system will be
Functional and Cognitive Neuroscience Office of the Secretary effective upon the public display of this
Integrated Review Group; Neurotoxicology [Docket No. DHS–2016–0006] notice. Although this system is effective
and Alcohol Study Section. upon publication, DHS will accept and
Date: February 19, 2016. Privacy Act of 1974; Department of consider comments from the public and
Time: 8:00 a.m. to 6:00 p.m. Homeland Security U.S. Customs and evaluate the need for any revisions to
Agenda: To review and evaluate grant Border Protection-007 Border Crossing this notice.
applications. Information System of Records ADDRESSES: You may submit comments,
Place: Pier 2620 Hotel, 2620 Jones Street, identified by docket number DHS–
San Francisco, CA. AGENCY: Privacy Office, Department of
Homeland Security. 2016–0006 by one of the following
Contact Person: Nicholas Gaiano, Ph.D., methods:
Scientific Review Officer, Center for ACTION: Notice of Privacy Act System of
• Federal e-Rulemaking Portal: http://
Scientific Review, National Institutes of Records. www.regulations.gov. Follow the
Health, 6701 Rockledge Drive, Room 5178, instructions for submitting comments.
MSC 7844, Bethesda, MD 20892–7844, 301– SUMMARY: In accordance with the
Privacy Act of 1974, the Department of • Fax: 202–343–4010.
435–1033, gaianonr@csr.nih.gov.
Homeland Security proposes to update • Mail: Karen L. Neuman, Chief
Name of Committee: Center for Scientific Privacy Officer, Privacy Office,
and reissue a current Department of
Review Special Emphasis Panel; PAR 13– Department of Homeland Security,
Homeland Security system of records
293: Gut Microbiota-Derived Factors in the Washington, DC 20528.
titled, ‘‘Department of Homeland
Integrated Physiology and Pathophysiology Instructions: All submissions received
of Diseases within NIDDK’s mission.
Security (DHS)/U.S. Customs and
Border Protection (CBP)-007 Border must include the agency name and
Date: February 19, 2016. docket number for this rulemaking. All
Time: 10:00 a.m. to 1:00 p.m. Crossing Information (BCI) System of
Records.’’ This system of records allows comments received will be posted
Agenda: To review and evaluate grant without change to http://
applications. DHS/CBP to collect and maintain
records on border crossing information www.regulations.gov, including any
Place: Embassy Suites at the Chevy Chase personal information provided.
Pavilion, 4300 Military Road NW., for all individuals who enter, are
Docket: For access to the docket to
Washington, DC 20015. admitted or paroled into, and (when
read background documents or
Contact Person: Jonathan K. Ivins, Ph.D., available) exit from the United States,
comments received, please visit http://
Scientific Review Officer, Center for regardless of method or conveyance.
www.regulations.gov.
Scientific Review, National Institutes of The BCI includes certain biographic and
biometric information; photographs; FOR FURTHER INFORMATION CONTACT: For
Health, 6701 Rockledge Drive, Room 4040A,
certain mandatory or voluntary itinerary general questions, please contact: John
MSC 7806, Bethesda, MD 20892, (301) 594–
information provided by air, sea, bus, Connors (202) 344–1610, Privacy
1245, ivinsj@csr.nih.gov.
and rail carriers or any other forms of Officer, U.S. Customs and Border
Name of Committee: Center for Scientific Protection, Privacy and Diversity Office,
Review Special Emphasis Panel; Immune passenger transportation; and the time
and location of the border crossing. 1300 Pennsylvania Avenue,
System Plasticity in the Pathogenesis and Washington, DC 20229. For privacy
Treatment of Complex, Dental, Oral, and This system of records notice was
previously published in the Federal questions, please contact: Karen L.
Craniofacial Diseases. Neuman, (202) 343–1717, Chief Privacy
Date: February 19, 2016. Register on May 11, 2015 (80 FR 26937).
A Final Rule exempting portions of this Officer, Privacy Office, Department of
Time: 3:00 p.m. to 5:00 p.m.
system from certain provisions of the Homeland Security, Washington, DC
Agenda: To review and evaluate grant
Privacy Act was published on Feb. 3, 20528.
applications.
Place: Torrance Marriott, Redondo Beach, 2010, and remains in effect (75 FR SUPPLEMENTARY INFORMATION:
CA, 3635 Fashion Way, Torrance, CA 90503. 5491); however, the Department of
Homeland Security recently published a I. Background
Contact Person: Rajiv Kumar, Ph.D., Chief,
MOSS IRG, Center for Scientific Review, Notice of Proposed Rulemaking to In accordance with the Privacy Act of
National Institutes of Health, 6701 Rockledge clarify the exemptions for this system 1974, 5 U.S.C. 552a, the Department of
Drive, Room 4216, MSC 7802, Bethesda, MD (80 FR 79487, Dec. 22, 2015) and a new Homeland Security (DHS), U.S. Customs
20892, 301–435–1212, kumarra@csr.nih.gov. Final Rule is forthcoming. and Border Protection (CBP) proposes to
(Catalogue of Federal Domestic Assistance DHS/CBP is updating this system of update and reissue a current DHS
Program Nos. 93.306, Comparative Medicine; records notice to provide notice of that system of records titled, ‘‘DHS/CBP–007
93.333, Clinical Research, 93.306, 93.333, BCI may be stored on both DHS Border Crossing Information (BCI)
93.337, 93.393–93.396, 93.837–93.844, unclassified and classified networks to System of Records.’’ DHS/CBP is
93.846–93.878, 93.892, 93.893, National allow for analysis and vetting consistent updating the system location for this
Institutes of Health, HHS) with existing DHS/CBP authorities and system of records notice (SORN) to
purposes and this published notice. reflect that records within the DHS/CBP
Dated: January 15, 2016. Furthermore, this notice includes non- BCI system are also stored on both DHS
Carolyn Baum, substantive changes to simplify the unclassified and classified networks to
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Program Analyst, Office of Federal Advisory formatting and text of the previously allow for analysis and vetting consistent
Committee Policy. published notice. with existing DHS/CBP authorities and
[FR Doc. 2016–01315 Filed 1–22–16; 8:45 am] The exemptions for the existing purposes and this published notice.
BILLING CODE 4140–01–P
system of records notice published May DHS/CBP’s priority mission is to
11, 2015 (80 FR 26937) continue to prevent terrorists and terrorist weapons
apply for this updated system of records from entering the country while
for those categories of records listed in facilitating legitimate travel and trade.
the previous BCI system of records To facilitate this mission, DHS/CBP

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maintains BCI about all individuals who repository for DHS and also stores analysis and vetting consistent with
enter, are admitted or paroled into, and related biographic information. existing DHS/CBP authorities and
(when available) exit from the United Collection of additional biometric purposes and this published notice.
States regardless of method or information from individuals crossing Furthermore, this notice includes non-
conveyance. The BCI includes certain the border (such as information substantive changes to simplify the
biographic and biometric information; regarding scars, marks, tattoos, and formatting and text of the previously
photographs; certain mandatory or palm prints) aids biometric sharing published notice.
voluntary itinerary information between the Department of Justice (DOJ) Consistent with DHS’s information
provided by air, sea, bus, and rail Integrated Automated Fingerprint sharing mission, information stored in
carriers or any other forms of passenger Identification System (IAFIS)/Next the DHS/CBP–007 BCI SORN may be
transportation; and the time and Generation Identification (NGI) and the shared with other DHS Components that
location of the border crossing. BCI IDENT system. The end result is have a need to know the information to
resides on the TECS (not an acronym) enhanced access to (and in some cases carry out their national security, law
information technology (IT) platform. acquisition of) IAFIS/NGI information enforcement, immigration, intelligence,
DHS/CBP is updating this system of by the IDENT system and its users. DHS, or other homeland security functions.
records notice to provide notice that BCI DOJ/FBI, and the Department of State The exemptions for the existing
records may be stored on both DHS (DOS)/Bureau of Consular Services system of records notice published May
unclassified and classified networks to entered into a Memorandum of 11, 2015 (80 FR 26937) continue to
allow for analysis and vetting consistent Understanding (MOU) for Improved apply for this updated system of records
with existing DHS/CBP authorities and Information Sharing Services in 2008. for those categories of records listed in
purposes and this published notice. The MOUs established the framework the previous System of Records Notice.
DHS/CBP is responsible for collecting for sharing information in accordance A Final Rule exempting portions of this
and reviewing BCI from travelers with an agreed-upon technical solution system from certain provisions of the
entering and departing the United States for expanded IDENT/IAFIS/NGI Privacy Act was published on Feb. 3,
as part of DHS/CBP’s overall border interoperability, which provides access 2010, and remains in effect (75 FR
security and enforcement missions. All to additional data for a greater number 5491); however, the Department of
individuals crossing the border are of authorized users. Homeland Security recently published a
subject to DHS/CBP processing upon CBP collects border crossing
Notice of Proposed Rulemaking to
arrival in the United States. Each information stored in this system of
clarify the exemptions for this system
traveler entering the United States is records through a number of sources, for
example: (1) Travel documents (e.g., a (80 FR 79487, Dec. 22, 2015) and a new
required to establish his or her identity,
foreign passport) presented by an Final Rule is forthcoming. Furthermore,
nationality, and admissibility, as
individual at a CBP port of entry when to the extent certain categories of
applicable, to the satisfaction of a CBP
he or she provided no advance notice of records are ingested from other systems,
Officer during the clearance process. To
the border crossing to CBP; (2) carriers the exemptions applicable to the source
manage this process, DHS/CBP creates a
that submit information in advance of systems will remain in effect.
record of an individual’s admission or
parole into the United States at a travel through the Advance Passenger II. Privacy Act
particular time and port of entry. DHS/ Information System (APIS); (3)
information stored in the Global The Privacy Act embodies fair
CBP also collects information about U.S.
Enrollment System (GES) (see DHS/ information practice principles in a
citizens and certain aliens (in-scope
CBP–002 Global Enrollment System statutory framework governing the
travelers pursuant to 8 CFR 215.8,
‘‘requirements for biometric identifiers (GES) SORN, 78 FR 3441, (January 16, means by which the Federal
from aliens on departure from the 2013)) as part of a trusted or registered Government collects, maintains, uses,
United States’’) upon departure from the traveler program; (4) non-federal and disseminates individuals’ records.
United States for law enforcement governmental authorities that issued The Privacy Act applies to information
purposes and to document their border valid travel documents approved by the that is maintained in a ‘‘system of
crossing. Secretary of DHS (e.g., an Enhanced records.’’ A ‘‘system of records’’ is a
DHS is statutorily mandated to create Driver’s License (EDL)); (5) another group of any records under the control
and integrate an automated entry and federal agency that issued a valid travel of an agency from which information is
exit system that records the arrival and document (e.g., data from a DOS visa, retrieved by the name of an individual
departure of aliens, verifies alien passport including passport card, or or by some identifying number, symbol,
identities, and authenticates alien travel Border Crossing Card); and (6) the or other identifying particular assigned
documents through the comparison of Canada Border Services Agency (CBSA) to the individual. In the Privacy Act, an
biometric identifiers (8 U.S.C. 1365(b)). pursuant to the Beyond the Border individual is defined to encompass U.S.
Certain aliens may be required to Entry/Exit Program. When a traveler citizens and lawful permanent
provide biometrics (including digital enters, is admitted to, paroled into, or residents. As a matter of policy, DHS
fingerprint scans, palm prints, departs from the United States, his or extends administrative Privacy Act
photographs, facial and iris images, or her biographical information, protections to all individuals when
other biometric identifiers) upon arrival photograph (when available), and systems of records maintain information
in or departure from the United States. crossing details (time and location) are on U.S. citizens, lawful permanent
The biometric data is stored in the maintained in accordance with the residents, and visitors.
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Automated Biometric Identification DHS/CBP–007 Border Crossing Below is the description of the DHS/
System (IDENT) IT system. IDENT Information SORN. CBP–007 Border Crossing Information
stores and processes biometric data (e.g., DHS/CBP is updating the system (BCI) System of Records.
digital fingerprints, palm prints, location to inform the public that In accordance with 5 U.S.C. 552a(r),
photographs, and iris scans) and links certain BCI information may be DHS has provided a report of this
biometrics with biographic information replicated from the operational system system of records to the Office of
to establish and verify identities. The and maintained on DHS unclassified Management and Budget and to
IDENT IT system serves as the biometric and classified networks to allow for Congress.

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• Operator street address (number related to immigration or other theft or fraud, harm to economic or
and street, city, state, zip code, country, enforcement purposes. Lastly, DHS/CBP property interests, harm to an
telephone number, fax number, and maintains information in BCI to retain a individual, or harm to the security or
email address); historical record of persons crossing the integrity of this system or other systems
• Aircraft color(s); border to facilitate law enforcement, or programs (whether maintained by
• Complete itinerary (foreign airport counterterrorism, and benefits DHS or another agency or entity) that
landings within 24 hours prior to processing. rely upon the compromised
landing in the United States); DHS/CBP maintains a replica of some information; and
• 24-hour emergency point of contact or all of the data in the operating system 3. The disclosure made to such
information (e.g., broker, dispatcher, on DHS unclassified and classified agencies, entities, and persons is
repair shop, or other third party who is networks to allow for analysis and reasonably necessary to assist in
knowledgeable about this particular vetting consistent with the above stated connection with DHS’s efforts to
flight) purposes and this published notice. respond to the suspected or confirmed
Æ Full name (last, first, and middle (if compromise and prevent, minimize, or
available)) and telephone number; and ROUTINE USES OF RECORDS MAINTAINED IN THE remedy such harm.
SYSTEM, INCLUDING CATEGORIES OF USERS AND
• Incident to the transmission of F. To contractors and their agents,
THE PURPOSES OF SUCH USES:
required information via eAPIS (for grantees, experts, consultants, and
general aviation itineraries, pilot, and In addition to those disclosures others performing or working on a
passenger manifests), records will also generally permitted under 5 U.S.C. contract, service, grant, cooperative
incorporate the pilot’s email address. 552a(b) of the Privacy Act, all or a agreement, or other assignment for DHS,
To the extent private aircraft operators portion of the records or information when necessary to accomplish an
and carriers operating in the land border contained in this system may be agency function related to this system of
environment may transmit APIS, similar disclosed outside DHS as a routine use records. Individuals provided
information may also be recorded in BCI pursuant to 5 U.S.C. 552a(b)(3) as information under this routine use are
by CBP with regard to such travel. CBP follows: subject to the same Privacy Act
also collects the license plate number of A. To the Department of Justice (DOJ), requirements and limitations on
the conveyance (or VIN number when including Offices of the United States disclosure as are applicable to DHS
no plate exists) in the land border Attorneys, or other federal agency officers and employees.
environment for both arrival and conducting litigation or in proceedings G. To an appropriate federal, state,
departure (when departure information before any court, adjudicative, or tribal, local, international, or foreign law
is available). administrative body, when it is relevant enforcement agency or other appropriate
or necessary to the litigation and one of authority charged with investigating or
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the following is a party to the litigation prosecuting a violation or enforcing or
Authority for BCI is provided by the or has an interest in such litigation: implementing a law, rule, regulation, or
Enhanced Border Security and Visa 1. DHS or any Component thereof; order, when a record, either on its face
Entry Reform Act of 2002 (Pub. L. 107– 2. Any employee or former employee or in conjunction with other
173, 116 Stat. 543 (2002)); the Aviation of DHS in his/her official capacity; information, indicates a violation or
and Transportation Security Act of 2001 3. Any employee or former employee potential violation of law, which
(Pub. L. 107–71, 115 Stat. 597); the of DHS in his/her individual capacity includes criminal, civil, or regulatory
Intelligence Reform and Terrorism when DOJ or DHS has agreed to violations and such disclosure is proper
Prevention Act of 2004 (Pub. L. 108– represent the employee; or and consistent with the official duties of
458, 118 Stat. 3638 (2004)); the 4. The United States or any agency the person making the disclosure.
Immigration and Nationality Act, as thereof. H. To appropriate federal, state, tribal,
amended (8 U.S.C. 1185 and 1354); and B. To a congressional office from the local, or foreign governmental agencies
the Tariff Act of 1930, as amended (19 record of an individual in response to or multilateral governmental
U.S.C. 1322–1683g, including 19 U.S.C. an inquiry from that congressional office organizations responsible for
66, 1433, 1454, 1485, 1624 and 2071). made at the request of the individual to investigating or prosecuting the
whom the record pertains. violations of, or for enforcing or
PURPOSE(S): C. To the National Archives and implementing, a statute, rule,
DHS/CBP collects and maintains this Records Administration (NARA) or regulation, order, or license, when DHS
information to vet and inspect persons General Services Administration believes the information would assist
arriving in or departing from the United pursuant to records management enforcement of applicable civil or
States; to determine identity, inspections being conducted under the criminal laws.
citizenship, and admissibility; and to authority of 44 U.S.C. 2904 and 2906. I. To the CBSA for law enforcement
identify persons who: (1) May be (or are D. To an agency or organization for and immigration purposes, as well as to
suspected of being) a terrorist or having the purpose of performing audit or facilitate cross-border travel when an
affiliations to terrorist organizations; (2) oversight operations as authorized by individual enters the United States from
have active warrants for criminal law, but only such information as is Canada.
activity; (3) are currently inadmissible necessary and relevant to such audit or J. To appropriate federal, state, local,
or have been previously removed from oversight function. tribal, or foreign governmental agencies
the United States; or (4) have been E. To appropriate agencies, entities, or multilateral governmental
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otherwise identified as potential and persons when: organizations when DHS reasonably
security risks or raise a law enforcement 1. DHS suspects or has confirmed that believes there to be a threat (or potential
concern. For immigrant and non- the security or confidentiality of threat) to national or international
immigrant aliens, the information is also information in the system of records has security for which the information may
collected and maintained to ensure been compromised; be relevant in countering the threat (or
information related to a particular 2. DHS has determined that as a result potential threat).
border crossing is available for of the suspected or confirmed K. To a federal, state, tribal, or local
providing any applicable benefits compromise, there is a risk of identity agency, other appropriate entity or

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individual, or foreign governments, in POLICIES AND PRACTICES FOR STORING, enforcement activities, or investigations
order to provide relevant information RETRIEVING, ACCESSING, RETAINING, AND or cases remain accessible for the life of
related to intelligence, DISPOSING OF RECORDS IN THE SYSTEM: the primary records of the law
counterintelligence, or antiterrorism STORAGE: enforcement activities to which the BCI
activities authorized by U.S. law, E.O., DHS/CBP stores records in this records may relate, to the extent
or other applicable national security system electronically in the operational retention for such purposes exceeds the
directive. IT system, including on DHS normal retention period for such data in
L. To an organization or individual in unclassified and classified networks, or BCI.
either the public or private sector on paper in secure facilities in a locked Records replicated on the unclassified
(foreign or domestic) when there is a drawer behind a locked door. The and classified networks for analysis and
reason to believe that the recipient is (or records may be stored on magnetic disc, vetting will follow the same retention
could become) the target of a particular tape, digital media, and CD–ROM. schedule.
terrorist activity or conspiracy, or when
RETRIEVABILITY: SYSTEM MANAGER AND ADDRESS:
the information is relevant and
necessary to the protection of life or DHS/CBP retrieves records by name Director, Office of Automated
property. or other personal identifiers listed in the Systems, U.S. Customs and Border
M. To appropriate federal, state, local, categories of records, above. Protection Headquarters, 1300
tribal, or foreign governmental agencies Pennsylvania Avenue NW., Washington,
SAFEGUARDS: DC 20229.
or multilateral governmental
organizations for the purposes of DHS/CBP safeguards records in this
NOTIFICATION PROCEDURE:
protecting the vital interests of the data system in accordance with applicable
rules and policies, including all DHS/CBP allows persons (including
subject or other persons, including to foreign nationals) to seek administrative
assist such agencies or organizations in applicable DHS automated systems
security and access policies. Strict access under the Privacy Act to
preventing exposure to or transmission information maintained in BCI.
of a communicable or quarantinable controls are imposed to minimize the
risk of compromising the information However, the Secretary of DHS
disease, to combat other significant exempted portions of this system from
public health threats, or to provide that is being stored. DHS/CBP limits
access to BCI to those individuals who the notification, access, and amendment
appropriate notice of any identified procedures of the Privacy Act because it
health threat or risk. have a need to know the information for
the performance of their official duties is a law enforcement system.
N. To a court, magistrate, or
and who also have appropriate Nonetheless, DHS/CBP will consider
administrative tribunal in the course of
clearances or permissions. individual requests to determine
presenting evidence, including
whether or not information may be
disclosures to opposing counsel or RETENTION AND DISPOSAL: released. Thus, individuals seeking
witnesses in the course of civil
DHS/CBP is working with NARA to notification of and access to any record
discovery, litigation, or settlement
develop the appropriate retention contained in this system of records, or
negotiations, or in response to a
schedule based on the information seeking to contest its content, may
subpoena, or in connection with
below. For persons DHS/CBP submit a request in writing to the DHS
criminal law proceedings.
determines to be U.S. citizens and LPRs, Chief Freedom of Information Act
O. To third parties during the course
information in BCI that is related to a (FOIA) Officer or CBP FOIA Officer,
of a law enforcement investigation to
particular border crossing is maintained whose contact information can be found
the extent necessary to obtain
for 15 years from the date when the at http://www.dhs.gov/foia under
information pertinent to the
traveler entered, was admitted to or ‘‘Contacts.’’ If an individual believes
investigation.
P. To appropriate federal, state, local, paroled into, or departed the United more than one Component maintains
tribal, or foreign governmental agencies States, at which time it is deleted from Privacy Act records that concern him or
or multilateral governmental BCI. For non-immigrant aliens, the her, the individual may submit the
organizations when DHS is aware of a information will be maintained for 75 request to the Chief Privacy Officer and
need to use relevant data for purposes years from the date of admission or Chief FOIA Officer, Department of
of testing new technology. parole into or departure from the United Homeland Security, 245 Murray Lane
Q. To the news media and the public, States in order to ensure that the SW., Building 410, STOP–0655,
with the approval of the Chief Privacy information related to a particular Washington, DC 20528.
Officer in consultation with counsel, border crossing is available for When seeking records about yourself
when there exists a legitimate public providing any applicable benefits from this system of records or any other
interest in the disclosure of the related to immigration or for other law Departmental system of records, your
information or when disclosure is enforcement purposes. request must conform with the Privacy
necessary to preserve confidence in the Information related to border Act regulations set forth in 6 CFR part
integrity of DHS or is necessary to crossings prior to a change in status will 5. You must first verify your identity,
demonstrate the accountability of DHS’s follow the 75 year retention period for meaning that you must provide your full
officers, employees, or individuals non-immigrant aliens who become U.S. name, current address, and date and
covered by the system, except to the citizens or LPRs following a border place of birth. You must sign your
crossing that leads to the creation of a request and your signature must either
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extent it is determined that release of
the specific information in the context record in BCI. All information regarding be notarized or submitted under 28
of a particular case would constitute an border crossing by such persons U.S.C. 1746, a law that permits
unwarranted invasion of personal following their change in status will statements to be made under penalty of
privacy. follow the 15 year retention period perjury as a substitute for notarization.
applicable to U.S. citizens and LPRs. Although no specific form is required,
DISCLOSURE TO CONSUMER REPORTING For all travelers, however, BCI records you may obtain forms for this purpose
AGENCIES: linked to active law enforcement from the Chief Privacy Officer and Chief
None. lookout records, DHS/CBP matches to Freedom of Information Act Officer,

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Document Modified: 2018-02-02 12:35:11
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Privacy Act System of Records.
Dates		This updated system will be effective upon the public display of this notice. Although this system is effective upon publication, DHS will accept and consider comments from the public and evaluate the need for any revisions to this notice.
Contact		For general questions, please contact: John Connors (202) 344-1610, Privacy Officer, U.S. Customs and Border Protection, Privacy and Diversity Office, 1300 Pennsylvania Avenue, Washington, DC 20229. For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation		81 FR 4040
81 FR 4040 - Privacy Act of 1974; Department of Homeland Security U.S. Customs and Border Protection-007 Border Crossing Information System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 81, Issue 15 (January 25, 2016)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
