83_FR_36939 83 FR 36792 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Citizenship and Immigration Services-018 Immigration Biometric and Background Check (IBBC) System of Records

83 FR 36792 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Citizenship and Immigration Services-018 Immigration Biometric and Background Check (IBBC) System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 83, Issue 147 (July 31, 2018)

Page Range36792-36793
FR Document2018-16137

The Department of Homeland Security (DHS) is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/U.S. Citizenship and Immigration Services-018 Immigration Biometric and Background Check System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

Federal Register, Volume 83 Issue 147 (Tuesday, July 31, 2018)
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36792-36793]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16137]


========================================================================
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. 83, No. 147 / Tuesday, July 31, 2018 / 
Proposed Rules

[[Page 36792]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2018-0002]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/U.S. Citizenship and Immigration Services-018 
Immigration Biometric and Background Check (IBBC) System of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Department of Homeland Security (DHS) is giving concurrent 
notice of a newly established system of records pursuant to the Privacy 
Act of 1974 for the ``Department of Homeland Security/U.S. Citizenship 
and Immigration Services-018 Immigration Biometric and Background Check 
System of Records'' and this proposed rulemaking. In this proposed 
rulemaking, the Department proposes to exempt portions of the 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 30, 2018.

ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0002 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: Philip S. Kaplan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2018-0002 for this notice. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    For general questions please contact: Donald K. Hawkins, (202) 272-
8030, [email protected], Privacy Officer, U.S. 
Citizenship and Immigration Services, 20 Massachusetts Avenue NW, 
Washington, DC 20529.
    For privacy questions please contact: Philip S. Kaplan, (202) 343-
1717, [email protected], Chief Privacy Officer, Privacy Office, 
Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the DHS 
U.S. Citizenship and Immigration Services (USCIS) has relied on two 
preexisting DHS/USCIS Privacy Act system of records notices (SORN) for 
the maintenance of USCIS biometric and background check records: ``DHS/
USCIS 002 Background Check Service,'' 72 FR 31082 (June 5, 2007), and 
``DHS/USCIS-003 Biometric Storage System,'' 72 FR 17172 (April 6, 
2007). DHS plans to rescind these SORNs. Records covered under these 
preexisting SORNs will now be covered by one new system of records 
named ``DHS/USCIS-018 Immigration Biometric and Background Check System 
of Records'' (IBBC). This SORN consolidates all USCIS records 
maintained on biometric and associated biographic information it 
collects pursuant to its mission to process and adjudicate immigration 
benefit requests and other immigration request forms (e.g., 
applications and petitions). The purpose of this system is to verify 
identity and conduct criminal and national security background checks 
in order to establish an individual's eligibility for an immigration 
benefit or other request, and support domestic and international data 
sharing efforts. USCIS determines eligibility by capturing biometric 
and associated biographic data from benefit requestors, beneficiaries, 
and other categories of individuals to facilitate three key operational 
functions: (1) Verify an individual's identity; (2) conduct criminal 
and national security background checks; and (3) produce benefit cards/
documents as a proof of benefit. Further, this system permits the 
sharing of information covered by this system between the United States 
and foreign partners to prevent terrorism, including terrorist travel; 
prevent serious crime and other threats to national security and public 
safety; and assist in the administration and enforcement of immigration 
laws.
    A description of this consolidated system is further described in 
DHS/USCIS's notice of a new Privacy Act systems of records published 
elsewhere in this Federal Register.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework under which Federal Government agencies collect, 
maintain, use, and disseminate individuals' records. The Privacy Act 
applies to information that is maintained in a ``system of records.'' A 
``system of records'' is a group of any records under the control of an 
agency from which information is retrieved by the name of an individual 
or by some identifying number, symbol, or other identifying particular 
assigned to the individual. In the Privacy Act, an individual is 
defined to encompass U.S. citizens and lawful permanent residents. 
Additionally, the Judicial Redress Act (JRA) provides 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 subsection 552a(d) provisions. If 
an agency claims an exemption, however, it must issue a Notice of 
Proposed Rulemaking and Final Rule 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/USCIS-018 Immigration Biometric and Background Check System 
of Records. Information in DHS/USCIS-018 Immigration Biometric and 
Background Check System of Records relates to official DHS national 
security,

[[Page 36793]]

law enforcement, immigration, and intelligence activities. These 
exemptions are needed to protect ongoing investigations and law 
enforcement activities. Specifically, the exemptions are required to 
preclude subjects of these activities from frustrating these processes; 
to avoid disclosure of activity 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 
parties and other sources; 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.

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. The authority citation for part 5 is revised to read as follows:

    Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat. 
2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.

0
2. Add at the end of appendix C to part 5, the following new paragraph 
``78'':

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

* * * * *
    78. The DHS/USCIS-018 Immigration Biometric and Background Check 
(IBBC) System of Records covers electronic and paper records and 
will be used by DHS and its components. The DHS/USCIS-018 IBBC 
System of Records covers information held by DHS/USCIS 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/USCIS-018 IBBC 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 Secretary's 
delegation 15002 to the Director of USCIS to conduct certain law 
enforcement activities when necessary to protect the national 
security and public safety, pursuant to 5 U.S.C. 552a(j)(2), has 
exempted this system from the following provisions of the Privacy 
Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3), 
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and (g). 
Additionally, the Secretary of Homeland Security, pursuant to 5 
U.S.C. 552a(k)(2), 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). Where 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) and (4) (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/or 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.
    (b) From subsection (d) (Access 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. From subsection (d) (Amendment to Records) because 
permitting amendment of 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.
    (c) From subsection (e)(1) (Relevancy and Necessity of 
Information) because in the course of investigations into potential 
violations of federal law, the accuracy of information obtained or 
introduced occasionally may be unclear, or the information may not 
be strictly relevant or necessary to a specific investigation. In 
the interests of effective law enforcement, it is appropriate to 
retain all information that may aid in establishing patterns of 
unlawful activity.
    (d) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from 
the subject of an investigation would alert the subject to the 
nature or existence of the investigation, thereby interfering with 
that investigation and related law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because 
providing such detailed information could impede law enforcement by 
compromising the existence of a confidential investigation or reveal 
the identity of witnesses or confidential informants.
    (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.
    (g) From subsection (e)(5) (Collection of Information) because 
with the collection of information for law enforcement purposes, it 
is impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with subsection (e)(5) 
would preclude DHS agents from using their investigative training 
and exercise of good judgment to both conduct and report on 
investigations.
    (h) From subsection (e)(8) (Notice on Individuals) because 
compliance would interfere with DHS's ability to obtain, serve, and 
issue subpoenas, warrants, and other law enforcement mechanisms that 
may be filed under seal and could result in disclosure of 
investigative techniques, procedures, and evidence.
    (i) From subsection (g) (Civil Remedies) to the extent that the 
system is exempt from other specific subsections of the Privacy Act.

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2018-16137 Filed 7-30-18; 8:45 am]
 BILLING CODE 9111-97-P



                                                 36792

                                                 Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                Vol. 83, No. 147

                                                                                                                                                                Tuesday, July 31, 2018



                                                 This section of the FEDERAL REGISTER                     www.regulations.gov, including any                    criminal and national security
                                                 contains notices to the public of the proposed           personal information provided.                        background checks; and (3) produce
                                                 issuance of rules and regulations. The                     Docket: For access to the docket to                 benefit cards/documents as a proof of
                                                 purpose of these notices is to give interested           read background documents or                          benefit. Further, this system permits the
                                                 persons an opportunity to participate in the             comments received, go to http://                      sharing of information covered by this
                                                 rule making prior to the adoption of the final
                                                                                                          www.regulations.gov.                                  system between the United States and
                                                 rules.
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      foreign partners to prevent terrorism,
                                                                                                            For general questions please contact:               including terrorist travel; prevent
                                                 DEPARTMENT OF HOMELAND                                   Donald K. Hawkins, (202) 272–8030,                    serious crime and other threats to
                                                 SECURITY                                                 USCIS.PrivacyCompliance@                              national security and public safety; and
                                                                                                          uscis.dhs.gov, Privacy Officer, U.S.                  assist in the administration and
                                                 Office of the Secretary                                  Citizenship and Immigration Services,                 enforcement of immigration laws.
                                                                                                          20 Massachusetts Avenue NW,                             A description of this consolidated
                                                 6 CFR Part 5                                             Washington, DC 20529.                                 system is further described in DHS/
                                                                                                            For privacy questions please contact:               USCIS’s notice of a new Privacy Act
                                                 [Docket No. DHS–2018–0002]                                                                                     systems of records published elsewhere
                                                                                                          Philip S. Kaplan, (202) 343–1717,
                                                                                                          Privacy@hq.dhs.gov, Chief Privacy                     in this Federal Register.
                                                 Privacy Act of 1974: Implementation of
                                                 Exemptions; Department of Homeland                       Officer, Privacy Office, Department of                II. Privacy Act
                                                 Security/U.S. Citizenship and                            Homeland Security, Washington, DC
                                                                                                                                                                   The Privacy Act embodies fair
                                                 Immigration Services–018 Immigration                     20528–0655.
                                                                                                                                                                information practice principles in a
                                                 Biometric and Background Check                           SUPPLEMENTARY INFORMATION:                            statutory framework under which
                                                 (IBBC) System of Records                                 I. Background                                         Federal Government agencies collect,
                                                 AGENCY:  Department of Homeland                                                                                maintain, use, and disseminate
                                                                                                             In accordance with the Privacy Act of
                                                 Security.                                                                                                      individuals’ records. The Privacy Act
                                                                                                          1974, 5 U.S.C. 552a, the DHS U.S.
                                                 ACTION: Notice of proposed rulemaking.
                                                                                                                                                                applies to information that is
                                                                                                          Citizenship and Immigration Services
                                                                                                                                                                maintained in a ‘‘system of records.’’ A
                                                                                                          (USCIS) has relied on two preexisting
                                                 SUMMARY:   The Department of Homeland                                                                          ‘‘system of records’’ is a group of any
                                                                                                          DHS/USCIS Privacy Act system of
                                                 Security (DHS) is giving concurrent                                                                            records under the control of an agency
                                                                                                          records notices (SORN) for the
                                                 notice of a newly established system of                                                                        from which information is retrieved by
                                                                                                          maintenance of USCIS biometric and
                                                 records pursuant to the Privacy Act of                                                                         the name of an individual or by some
                                                                                                          background check records: ‘‘DHS/USCIS                 identifying number, symbol, or other
                                                 1974 for the ‘‘Department of Homeland                    002 Background Check Service,’’ 72 FR
                                                 Security/U.S. Citizenship and                                                                                  identifying particular assigned to the
                                                                                                          31082 (June 5, 2007), and ‘‘DHS/USCIS–                individual. In the Privacy Act, an
                                                 Immigration Services–018 Immigration                     003 Biometric Storage System,’’ 72 FR
                                                 Biometric and Background Check                                                                                 individual is defined to encompass U.S.
                                                                                                          17172 (April 6, 2007). DHS plans to                   citizens and lawful permanent
                                                 System of Records’’ and this proposed                    rescind these SORNs. Records covered
                                                 rulemaking. In this proposed                                                                                   residents. Additionally, the Judicial
                                                                                                          under these preexisting SORNs will                    Redress Act (JRA) provides a statutory
                                                 rulemaking, the Department proposes to                   now be covered by one new system of
                                                 exempt portions of the system of records                                                                       right to covered persons to make
                                                                                                          records named ‘‘DHS/USCIS–018                         requests for access and amendment to
                                                 from one or more provisions of the                       Immigration Biometric and Background
                                                 Privacy Act because of criminal, civil,                                                                        covered records, as defined by the JRA,
                                                                                                          Check System of Records’’ (IBBC). This                along with judicial review for denials of
                                                 and administrative enforcement                           SORN consolidates all USCIS records
                                                 requirements.                                                                                                  such requests. In addition, the JRA
                                                                                                          maintained on biometric and associated                prohibits disclosures of covered records,
                                                 DATES:  Comments must be received on                     biographic information it collects                    except as otherwise permitted by the
                                                 or before August 30, 2018.                               pursuant to its mission to process and                Privacy Act.
                                                 ADDRESSES: You may submit comments,                      adjudicate immigration benefit requests                  The Privacy Act allows government
                                                 identified by docket number DHS–                         and other immigration request forms                   agencies to exempt certain records from
                                                 2018–0002 by one of the following                        (e.g., applications and petitions). The               the access and amendment subsection
                                                 methods:                                                 purpose of this system is to verify                   552a(d) provisions. If an agency claims
                                                   • Federal e-Rulemaking Portal: http://                 identity and conduct criminal and                     an exemption, however, it must issue a
                                                 www.regulations.gov. Follow the                          national security background checks in                Notice of Proposed Rulemaking and
                                                 instructions for submitting comments.                    order to establish an individual’s                    Final Rule to make clear to the public
                                                   • Fax: 202–343–4010.                                   eligibility for an immigration benefit or             the reasons why a particular exemption
                                                   • Mail: Philip S. Kaplan, Chief                        other request, and support domestic and               is claimed.
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                                                 Privacy Officer, Privacy Office,                         international data sharing efforts. USCIS                DHS is claiming exemptions from
                                                 Department of Homeland Security,                         determines eligibility by capturing                   certain requirements of the Privacy Act
                                                 Washington, DC 20528–0655.                               biometric and associated biographic                   for DHS/USCIS–018 Immigration
                                                   Instructions: All submissions received                 data from benefit requestors,                         Biometric and Background Check
                                                 must include the agency name and                         beneficiaries, and other categories of                System of Records. Information in DHS/
                                                 docket number DHS–2018–0002 for this                     individuals to facilitate three key                   USCIS–018 Immigration Biometric and
                                                 notice. All comments received will be                    operational functions: (1) Verify an                  Background Check System of Records
                                                 posted without change to http://                         individual’s identity; (2) conduct                    relates to official DHS national security,


                                            VerDate Sep<11>2014   16:40 Jul 30, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\31JYP1.SGM   31JYP1


                                                                          Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules                                                   36793

                                                 law enforcement, immigration, and                           The Secretary of Homeland Security,                  interests of effective law enforcement, it is
                                                 intelligence activities. These                           pursuant to Secretary’s delegation 15002 to             appropriate to retain all information that may
                                                 exemptions are needed to protect                         the Director of USCIS to conduct certain law            aid in establishing patterns of unlawful
                                                                                                          enforcement activities when necessary to                activity.
                                                 ongoing investigations and law
                                                                                                          protect the national security and public                   (d) From subsection (e)(2) (Collection of
                                                 enforcement activities. Specifically, the                safety, pursuant to 5 U.S.C. 552a(j)(2), has
                                                 exemptions are required to preclude                                                                              Information from Individuals) because
                                                                                                          exempted this system from the following
                                                 subjects of these activities from                        provisions of the Privacy Act: 5 U.S.C.                 requiring that information be collected from
                                                 frustrating these processes; to avoid                    552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3),        the subject of an investigation would alert the
                                                 disclosure of activity techniques; to                    (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f);   subject to the nature or existence of the
                                                 protect the identities and physical safety               and (g). Additionally, the Secretary of                 investigation, thereby interfering with that
                                                 of confidential informants and law                       Homeland Security, pursuant to 5 U.S.C.                 investigation and related law enforcement
                                                                                                          552a(k)(2), has exempted this system from               activities.
                                                 enforcement personnel; to ensure DHS’s
                                                                                                          the following provisions of the Privacy Act:               (e) From subsection (e)(3) (Notice to
                                                 ability to obtain information from third                 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
                                                 parties and other sources; and to                                                                                Subjects) because providing such detailed
                                                                                                          (e)(4)(H), (e)(4)(I); and (f). Where a record           information could impede law enforcement
                                                 safeguard classified information.                        received from another system has been
                                                                                                                                                                  by compromising the existence of a
                                                 Disclosure of information to the subject                 exempted in that source system under 5
                                                                                                          U.S.C. 552a(j)(2), DHS will claim the same              confidential investigation or reveal the
                                                 of the inquiry could also permit the
                                                                                                          exemptions for those records that are claimed           identity of witnesses or confidential
                                                 subject to avoid detection or
                                                                                                          for the original primary systems of records             informants.
                                                 apprehension.
                                                                                                          from which they originated and claims any                  (f) From subsections (e)(4)(G), (e)(4)(H),
                                                   In appropriate circumstances, when
                                                                                                          additional exemptions set forth here.                   and (e)(4)(I) (Agency Requirements) and (f)
                                                 compliance would not appear to                              Exemptions from these particular                     (Agency Rules), because portions of this
                                                 interfere with or adversely affect the law               subsections are justified, on a case-by-case            system are exempt from the individual access
                                                 enforcement purposes of this system                      basis to be determined at the time a request            provisions of subsection (d) for the reasons
                                                 and the overall law enforcement                          is made, for the following reasons:                     noted above, and therefore DHS is not
                                                 process, the applicable exemptions may                      (a) From subsection (c)(3) and (4)
                                                                                                                                                                  required to establish requirements, rules, or
                                                 be waived on a case by case basis.                       (Accounting for Disclosures) because release
                                                                                                                                                                  procedures with respect to such access.
                                                                                                          of the accounting of disclosures could alert
                                                 List of Subjects in 6 CFR Part 5                         the subject of an investigation of an actual or         Providing notice to individuals with respect
                                                                                                          potential criminal, civil, or regulatory                to existence of records pertaining to them in
                                                   Freedom of information, Privacy.                                                                               the system of records or otherwise setting up
                                                                                                          violation to the existence of that investigation
                                                   For the reasons stated in the                          and reveal investigative interest on the part           procedures pursuant to which individuals
                                                 preamble, DHS proposes to amend                          of DHS as well as the recipient agency.                 may access and view records pertaining to
                                                 chapter I of title 6, Code of Federal                    Disclosure of the accounting would therefore            themselves in the system would undermine
                                                 Regulations, as follows:                                 present a serious impediment to law                     investigative efforts and reveal the identities
                                                                                                          enforcement efforts and/or efforts to preserve          of witnesses, and potential witnesses, and
                                                 PART 5—DISCLOSURE OF RECORDS                             national security. Disclosure of the                    confidential informants.
                                                 AND INFORMATION                                          accounting would also permit the individual                (g) From subsection (e)(5) (Collection of
                                                                                                          who is the subject of a record to impede the
                                                                                                                                                                  Information) because with the collection of
                                                 ■ 1. The authority citation for part 5 is                investigation, to tamper with witnesses or
                                                                                                          evidence, and to avoid detection or                     information for law enforcement purposes, it
                                                 revised to read as follows:                                                                                      is impossible to determine in advance what
                                                                                                          apprehension, which would undermine the
                                                   Authority: 6 U.S.C. 101 et seq.; Pub. L.               entire investigative process.                           information is accurate, relevant, timely, and
                                                 107–296, 116 Stat. 2135; 5 U.S.C. 301.                      (b) From subsection (d) (Access to Records)          complete. Compliance with subsection (e)(5)
                                                 Subpart A also issued under 5 U.S.C. 552.                because access to the records contained in              would preclude DHS agents from using their
                                                 Subpart B also issued under 5 U.S.C. 552a.               this system of records could inform the                 investigative training and exercise of good
                                                                                                          subject of an investigation of an actual or             judgment to both conduct and report on
                                                 ■  2. Add at the end of appendix C to
                                                                                                          potential criminal, civil, or regulatory                investigations.
                                                 part 5, the following new paragraph                      violation to the existence of that investigation
                                                 ‘‘78’’:                                                                                                             (h) From subsection (e)(8) (Notice on
                                                                                                          and reveal investigative interest on the part           Individuals) because compliance would
                                                 Appendix C to Part 5—DHS Systems of                      of DHS or another agency. Access to the
                                                                                                                                                                  interfere with DHS’s ability to obtain, serve,
                                                                                                          records could permit the individual who is
                                                 Records Exempt From the Privacy Act                                                                              and issue subpoenas, warrants, and other law
                                                                                                          the subject of a record to impede the
                                                 *      *     *       *       *                           investigation, to tamper with witnesses or              enforcement mechanisms that may be filed
                                                    78. The DHS/USCIS–018 Immigration                     evidence, and to avoid detection or                     under seal and could result in disclosure of
                                                 Biometric and Background Check (IBBC)                    apprehension. From subsection (d)                       investigative techniques, procedures, and
                                                 System of Records covers electronic and                  (Amendment to Records) because permitting               evidence.
                                                 paper records and will be used by DHS and                amendment of records could interfere with                  (i) From subsection (g) (Civil Remedies) to
                                                 its components. The DHS/USCIS–018 IBBC                   ongoing investigations and law enforcement              the extent that the system is exempt from
                                                 System of Records covers information held                activities and would impose an unreasonable             other specific subsections of the Privacy Act.
                                                 by DHS/USCIS in connection with its several              administrative burden by requiring
                                                 and varied missions and functions,                       investigations to be continually                        Philip S. Kaplan,
                                                 including, but not limited to, the                       reinvestigated. In addition, permitting access          Chief Privacy Officer, Department of
                                                 enforcement of civil and criminal laws;                  and amendment to such information could                 Homeland Security.
                                                 investigations, inquiries, and proceedings               disclose security-sensitive information that
                                                                                                                                                                  [FR Doc. 2018–16137 Filed 7–30–18; 8:45 am]
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                                                 there under; and national security and                   could be detrimental to homeland security.
                                                 intelligence activities. The DHS/USCIS–018                  (c) From subsection (e)(1) (Relevancy and            BILLING CODE 9111–97–P
                                                 IBBC System of Records contains information              Necessity of Information) because in the
                                                 that is collected by, on behalf of, in support           course of investigations into potential
                                                 of, or in cooperation with DHS and its                   violations of federal law, the accuracy of
                                                 components and may contain personally                    information obtained or introduced
                                                 identifiable information collected by other              occasionally may be unclear, or the
                                                 Federal, state, local, tribal, foreign, or               information may not be strictly relevant or
                                                 international government agencies.                       necessary to a specific investigation. In the



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Document Created: 2018-11-06 10:29:21
Document Modified: 2018-11-06 10:29:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments must be received on or before August 30, 2018.
ContactFor general questions please contact: Donald K. Hawkins, (202) 272- 8030, [email protected], Privacy Officer, U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW, Washington, DC 20529.
FR Citation83 FR 36792 
CFR AssociatedFreedom of Information and Privacy

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