82 FR 34884 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-039 Foreign Access Management System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range		34884-34885
FR Document		2017-15751

The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/ALL-039 Foreign Access Management System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

Federal Register, Volume 82 Issue 143 (Thursday, July 27, 2017)

[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Proposed Rules]
[Pages 34884-34885]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15751]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / 
Proposed Rules

[[Page 34884]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2017-0025]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/ALL-039 Foreign Access Management System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security is giving concurrent 
notice of a newly established system of records pursuant to the Privacy 
Act of 1974 for the ``Department of Homeland Security/ALL-039 Foreign 
Access Management System of Records'' and this proposed rulemaking. In 
this proposed rulemaking, the Department proposes to exempt portions of 
this system of records from one or more provisions of the Privacy Act 
because of criminal, civil, and administrative enforcement 
requirements.

DATES: Comments must be received on or before August 28, 2017.

ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0025, 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: Jonathan R. Cantor, Acting 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 document. 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 and privacy-related 
questions please contact: Jonathan R. Cantor, (202-343-1717), Acting 
Chief Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Department of Homeland Security (DHS) is proposing to update 
applicable regulations to exempt portions of a newly established system 
of records from certain provisions of the Privacy Act. Specifically, 
this rule exempts portions of the ``DHS/ALL-039 Foreign Access 
Management System of Records,'' which is being proposed concurrently 
with this Notice of Proposed Rulemaking elsewhere in this issue of the 
Federal Register, from one or more provisions of the Privacy Act 
because of criminal, civil, and administrative enforcement 
requirements, pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5). 
Furthermore, to the extent certain categories of records are ingested 
from other systems, the exemptions applicable to the source systems 
will remain in effect.
    DHS is publishing this system of records document to provide 
transparency on how DHS collects, uses, maintains, and disseminates 
information relating to foreign nationals who seek access to DHS and 
partner U.S. Government (USG) agency personnel, information, 
facilities, programs, research, studies, and information technology 
(IT) systems. The DHS Office of the Chief Security Officer (OCSO)/
Center for International Safety & Security (CISS) Foreign Access 
Management (FAM) program uses the Foreign Access Management System 
(FAMS) to manage the risk assessment process for foreign nationals 
requesting access to DHS and partner agencies. DHS is responsible for 
conducting screening of all foreign nationals and foreign entities 
seeking access to DHS personnel, information, facilities, programs, and 
IT systems, including: Dual U.S. citizens and lawful permanent 
residents (LPR) representing foreign interests; LPRs providing 
construction or contractual services (e.g., food services, janitorial 
services); and foreign contacts and foreign visitors reported by DHS 
and partner USG agency employees who have met and/or befriended such 
contacts and visitors outside the scope of the employee's official 
duties.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. Additionally, and similarly, the Judicial Redress 
Act (JRA) provides a statutory right to covered persons to make 
requests for access and amendment to covered records, as defined by the 
JRA, along with judicial review for denials of such requests. In 
addition, the JRA prohibits disclosures of covered records, except as 
otherwise permitted by the Privacy Act.
    The Privacy Act allows government agencies to exempt certain 
records from the access and amendment provisions. If an agency claims 
an exemption, however, it must issue a Notice of Proposed Rulemaking to 
make clear to the public the reasons why a particular exemption is 
claimed.
    DHS is claiming exemptions from certain requirements of the Privacy 
Act for DHS/ALL-039 Foreign Access Management System of Records. Some 
information in DHS/ALL-039 Foreign Access Management System of Records 
relates to official DHS national security, law enforcement, 
immigration, intelligence activities. These exemptions are needed to 
protect information relating to DHS activities from disclosure to 
subjects or others related to these activities. Specifically, the 
exemptions are required to avoid disclosure of screening techniques; to 
protect the identities and physical safety of confidential informants 
and law enforcement personnel; to ensure DHS's ability to obtain 
information from third

[[Page 34885]]

parties and other sources; to protect the privacy of third parties; and 
to safeguard classified information. Disclosure of information to the 
subject of the inquiry could also permit the subject to avoid detection 
or apprehension.
    In appropriate circumstances, when compliance would not appear to 
interfere with or adversely affect the law enforcement purposes of this 
system and the overall law enforcement process, the applicable 
exemptions may be waived on a case by case basis.
    A notice of system of records for DHS/ALL-039 Foreign Access 
Management System of Records is also published in this issue of the 
Federal Register.

List of Subjects in 6 CFR Part 5

    Freedom of information, Privacy.

    For the reasons stated in the preamble, DHS proposes to amend 
chapter I of title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

0
1. Revise the authority citation for part 5 to read as follows:

    Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat. 
2135; 5 U.S.C. 301.

0
2. Amend appendix C to part 5 by adding paragraph 78 to read as 
follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    78. The DHS/ALL-039 Foreign Access Management System of Records 
consists of electronic and paper records and will be used by DHS and 
its components. The DHS/ALL-039 Foreign Access Management System of 
Records is a repository of information held by DHS in connection with 
its several and varied missions and functions, including, but not 
limited to the enforcement of civil and criminal laws; investigations, 
inquiries, and proceedings there under; and national security and 
intelligence activities. The DHS/ALL-039 Foreign Access Management 
System of Records contains information that is collected by, on behalf 
of, in support of, or in cooperation with DHS and its components and 
may contain personally identifiable information collected by other 
federal, state, local, tribal, foreign, or international government 
agencies.
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(k)(1), (k)(2), and (k)(5), has exempted this system from the 
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d); 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). When a record 
received from another system has been exempted in that source system 
under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those 
records that are claimed for the original primary systems of records 
from which they originated and claims any additional exemptions set 
forth here.
    Exemptions from these particular subsections are justified, on a 
case-by-case basis to be determined at the time a request is made, for 
the following reasons:
    (a) From subsection (c)(3) (Accounting for Disclosures) because 
release of the accounting of disclosures could alert the subject of an 
investigation of an actual or potential criminal, civil, or regulatory 
violation to the existence of that investigation and reveal 
investigative interest on the part of DHS as well as the recipient 
agency. Disclosure of the accounting would therefore present a serious 
impediment to law enforcement efforts and efforts to preserve national 
security. Disclosure of the accounting would also permit the individual 
who is the subject of a record to impede the investigation, to tamper 
with witnesses or evidence, and to avoid detection or apprehension, 
which would undermine the entire investigative process. When an 
investigation has been completed, information on disclosures made may 
continue to be exempted if the fact that an investigation occurred 
remains sensitive after completion.
    (b) From subsection (d) (Access and Amendment to Records) because 
access to the records contained in this system of records could inform 
the subject of an investigation of an actual or potential criminal, 
civil, or regulatory violation to the existence of that investigation 
and reveal investigative interest on the part of DHS or another agency. 
Access to the records could permit the individual who is the subject of 
a record to impede the investigation, to tamper with witnesses or 
evidence, and to avoid detection or apprehension. Amendment of the 
records could interfere with ongoing investigations and law enforcement 
activities and would impose an unreasonable administrative burden by 
requiring investigations to be continually reinvestigated. In addition, 
permitting access and amendment to such information could disclose 
security-sensitive information that could be detrimental to homeland 
security.
    (f) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency 
Requirements) and (f) (Agency Rules), because portions of this system 
are exempt from the individual access provisions of subsection (d) for 
the reasons noted above, and therefore DHS is not required to establish 
requirements, rules, or procedures with respect to such access. 
Providing notice to individuals with respect to existence of records 
pertaining to them in the system of records or otherwise setting up 
procedures pursuant to which individuals may access and view records 
pertaining to themselves in the system would undermine investigative 
efforts and reveal the identities of witnesses, and potential 
witnesses, and confidential informants.

    Dated: July 20, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2017-15751 Filed 7-26-17; 8:45 am]
BILLING CODE 9110-9B-P

34884

Proposed Rules Federal Register
Vol. 82, No. 143

Thursday, July 27, 2017

This section of the FEDERAL REGISTER comments received, go to http:// contacts and foreign visitors reported by
contains notices to the public of the proposed www.regulations.gov. DHS and partner USG agency
issuance of rules and regulations. The employees who have met and/or
purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: For
general and privacy-related questions befriended such contacts and visitors
persons an opportunity to participate in the outside the scope of the employee’s
rule making prior to the adoption of the final please contact: Jonathan R. Cantor,
rules. (202–343–1717), Acting Chief Privacy official duties.
Officer, Privacy Office, Department of II. Privacy Act
Homeland Security, Washington, DC
DEPARTMENT OF HOMELAND 20528. The Privacy Act embodies fair
SECURITY information practice principles in a
SUPPLEMENTARY INFORMATION: statutory framework governing the
Office of the Secretary I. Background means by which Federal Government
The Department of Homeland agencies collect, maintain, use, and
6 CFR Part 5 Security (DHS) is proposing to update disseminate individuals’ records. The
applicable regulations to exempt Privacy Act applies to information that
[Docket No. DHS–2017–0025] portions of a newly established system is maintained in a ‘‘system of records.’’
of records from certain provisions of the A ‘‘system of records’’ is a group of any
Privacy Act of 1974: Implementation of Privacy Act. Specifically, this rule records under the control of an agency
Exemptions; Department of Homeland exempts portions of the ‘‘DHS/ALL–039 from which information is retrieved by
Security/ALL–039 Foreign Access Foreign Access Management System of the name of an individual or by some
Management System of Records Records,’’ which is being proposed identifying number, symbol, or other
concurrently with this Notice of identifying particular assigned to the
AGENCY: Privacy Office, DHS.
Proposed Rulemaking elsewhere in this individual. In the Privacy Act, an
ACTION: Notice of proposed rulemaking. individual is defined to encompass U.S.
issue of the Federal Register, from one
or more provisions of the Privacy Act citizens and lawful permanent
SUMMARY: The Department of Homeland
because of criminal, civil, and residents. Additionally, and similarly,
Security is giving concurrent notice of a
administrative enforcement the Judicial Redress Act (JRA) provides
newly established system of records
requirements, pursuant to 5 U.S.C. a statutory right to covered persons to
pursuant to the Privacy Act of 1974 for
552a(k)(1), (k)(2), and (k)(5). make requests for access and
the ‘‘Department of Homeland Security/
Furthermore, to the extent certain amendment to covered records, as
ALL–039 Foreign Access Management
categories of records are ingested from defined by the JRA, along with judicial
System of Records’’ and this proposed
other systems, the exemptions review for denials of such requests. In
rulemaking. In this proposed
applicable to the source systems will addition, the JRA prohibits disclosures
rulemaking, the Department proposes to
remain in effect. of covered records, except as otherwise
exempt portions of this system of
DHS is publishing this system of permitted by the Privacy Act.
records from one or more provisions of
the Privacy Act because of criminal, records document to provide The Privacy Act allows government
civil, and administrative enforcement transparency on how DHS collects, uses, agencies to exempt certain records from
requirements. maintains, and disseminates the access and amendment provisions. If
information relating to foreign nationals an agency claims an exemption,
DATES: Comments must be received on who seek access to DHS and partner however, it must issue a Notice of
or before August 28, 2017. U.S. Government (USG) agency Proposed Rulemaking to make clear to
ADDRESSES: You may submit comments, personnel, information, facilities, the public the reasons why a particular
identified by docket number DHS– programs, research, studies, and exemption is claimed.
2017–0025, by one of the following information technology (IT) systems. DHS is claiming exemptions from
methods: The DHS Office of the Chief Security certain requirements of the Privacy Act
• Federal e-Rulemaking Portal: http:// Officer (OCSO)/Center for International for DHS/ALL–039 Foreign Access
www.regulations.gov. Follow the Safety & Security (CISS) Foreign Access Management System of Records. Some
instructions for submitting comments. Management (FAM) program uses the information in DHS/ALL–039 Foreign
• Fax: 202–343–4010. Foreign Access Management System Access Management System of Records
• Mail: Jonathan R. Cantor, Acting (FAMS) to manage the risk assessment relates to official DHS national security,
Chief Privacy Officer, Privacy Office, process for foreign nationals requesting law enforcement, immigration,
Department of Homeland Security, access to DHS and partner agencies. intelligence activities. These
Washington, DC 20528. DHS is responsible for conducting exemptions are needed to protect
Instructions: All submissions received screening of all foreign nationals and information relating to DHS activities
mstockstill on DSK30JT082PROD with PROPOSALS

must include the agency name and foreign entities seeking access to DHS from disclosure to subjects or others
docket number for this document. All personnel, information, facilities, related to these activities. Specifically,
comments received will be posted programs, and IT systems, including: the exemptions are required to avoid
without change to http:// Dual U.S. citizens and lawful permanent disclosure of screening techniques; to
www.regulations.gov, including any residents (LPR) representing foreign protect the identities and physical safety
personal information provided. interests; LPRs providing construction of confidential informants and law
Docket: For access to the docket to or contractual services (e.g., food enforcement personnel; to ensure DHS’s
read background documents or services, janitorial services); and foreign ability to obtain information from third

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Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Proposed Rules 34885

parties and other sources; to protect the source system under 5 U.S.C. 552a(j)(2), respect to such access. Providing notice
privacy of third parties; and to safeguard DHS will claim the same exemptions for to individuals with respect to existence
classified information. Disclosure of those records that are claimed for the of records pertaining to them in the
information to the subject of the inquiry original primary systems of records from system of records or otherwise setting
could also permit the subject to avoid which they originated and claims any up procedures pursuant to which
detection or apprehension. additional exemptions set forth here. individuals may access and view
In appropriate circumstances, when Exemptions from these particular records pertaining to themselves in the
compliance would not appear to subsections are justified, on a case-by- system would undermine investigative
interfere with or adversely affect the law case basis to be determined at the time efforts and reveal the identities of
enforcement purposes of this system a request is made, for the following witnesses, and potential witnesses, and
and the overall law enforcement reasons: confidential informants.
process, the applicable exemptions may (a) From subsection (c)(3) (Accounting Dated: July 20, 2017.
be waived on a case by case basis. for Disclosures) because release of the
Jonathan R. Cantor,
A notice of system of records for DHS/ accounting of disclosures could alert the
subject of an investigation of an actual Acting Chief Privacy Officer, Department of
ALL–039 Foreign Access Management Homeland Security.
System of Records is also published in or potential criminal, civil, or regulatory
[FR Doc. 2017–15751 Filed 7–26–17; 8:45 am]
this issue of the Federal Register. violation to the existence of that
investigation and reveal investigative BILLING CODE 9110–9B–P
List of Subjects in 6 CFR Part 5 interest on the part of DHS as well as
Freedom of information, Privacy. the recipient agency. Disclosure of the
For the reasons stated in the accounting would therefore present a DEPARTMENT OF TRANSPORTATION
preamble, DHS proposes to amend serious impediment to law enforcement
efforts and efforts to preserve national Federal Aviation Administration
chapter I of title 6, Code of Federal
Regulations, as follows: security. Disclosure of the accounting
would also permit the individual who is 14 CFR Part 39
PART 5—DISCLOSURE OF RECORDS the subject of a record to impede the [Docket No. FAA–2017–0710; Directorate
AND INFORMATION investigation, to tamper with witnesses Identifier 2017–NM–019–AD]
or evidence, and to avoid detection or RIN 2120–AA64
■ 1. Revise the authority citation for part apprehension, which would undermine
5 to read as follows: the entire investigative process. When Airworthiness Directives; Airbus
Authority: 6 U.S.C. 101 et seq.; Pub. L. an investigation has been completed, Airplanes
107–296, 116 Stat. 2135; 5 U.S.C. 301. information on disclosures made may
■ 2. Amend appendix C to part 5 by continue to be exempted if the fact that AGENCY: Federal Aviation
adding paragraph 78 to read as follows: an investigation occurred remains Administration (FAA), DOT.
sensitive after completion. ACTION: Notice of proposed rulemaking
Appendix C to Part 5—DHS Systems of (NPRM).
(b) From subsection (d) (Access and
Records Exempt From the Privacy Act Amendment to Records) because access
* * * * * to the records contained in this system SUMMARY: We propose to adopt a new
78. The DHS/ALL–039 Foreign Access of records could inform the subject of an airworthiness directive (AD) for certain
Management System of Records consists investigation of an actual or potential Airbus Model A300 B4–600R series
of electronic and paper records and will criminal, civil, or regulatory violation to airplanes; Model A300 B4–603, B4–620,
be used by DHS and its components. the existence of that investigation and and B4–622 airplanes; Model A300 C4–
The DHS/ALL–039 Foreign Access reveal investigative interest on the part 605R Variant F airplanes; and Model
Management System of Records is a of DHS or another agency. Access to the A300 F4–605R airplanes. This proposed
repository of information held by DHS records could permit the individual AD was prompted by a determination
in connection with its several and who is the subject of a record to impede that the top stringer joints at rib 18 are
varied missions and functions, the investigation, to tamper with an area of uniform stress distribution,
including, but not limited to the witnesses or evidence, and to avoid which indicates that cracks may
enforcement of civil and criminal laws; detection or apprehension. Amendment develop in adjacent stringers at the same
investigations, inquiries, and of the records could interfere with time. This proposed AD would require
proceedings there under; and national ongoing investigations and law an inspection of the upper wing skin
security and intelligence activities. The enforcement activities and would and top stringer joints, and modification
DHS/ALL–039 Foreign Access impose an unreasonable administrative of the stringer joint couplings if
Management System of Records burden by requiring investigations to be necessary. We are proposing this AD to
contains information that is collected continually reinvestigated. In addition, address the unsafe condition on these
by, on behalf of, in support of, or in permitting access and amendment to products.
cooperation with DHS and its such information could disclose DATES: We must receive comments on
components and may contain personally security-sensitive information that this proposed AD by September 11,
identifiable information collected by could be detrimental to homeland 2017.
other federal, state, local, tribal, foreign, security. ADDRESSES: You may send comments,
or international government agencies. (f) From subsections (e)(4)(G), using the procedures found in 14 CFR
mstockstill on DSK30JT082PROD with PROPOSALS

The Secretary of Homeland Security, (e)(4)(H), and (e)(4)(I) (Agency 11.43 and 11.45, by any of the following
pursuant to 5 U.S.C. 552a(k)(1), (k)(2), Requirements) and (f) (Agency Rules), methods:
and (k)(5), has exempted this system because portions of this system are • Federal eRulemaking Portal: Go to
from the following provisions of the exempt from the individual access http://www.regulations.gov. Follow the
Privacy Act: 5 U.S.C. 552a(c)(3); (d); provisions of subsection (d) for the instructions for submitting comments.
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and reasons noted above, and therefore DHS • Fax: 202–493–2251.
(f). When a record received from another is not required to establish • Mail: U.S. Department of
system has been exempted in that requirements, rules, or procedures with Transportation, Docket Operations, M–

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Document Created: 2017-07-27 02:07:14
Document Modified: 2017-07-27 02:07:14

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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments must be received on or before August 28, 2017.
Contact		For general and privacy-related questions please contact: Jonathan R. Cantor, (202-343-1717), Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation		82 FR 34884
CFR Associated		Freedom of Information and Privacy

82 FR 34884 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-039 Foreign Access Management System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 82, Issue 143 (July 27, 2017)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary