Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Citizenship and Immigration Services, Immigration and Customs Enforcement, Customs and Border Protection-001 Alien File, Index, and National File Tracking System of Records, 69983-69985 [2013-27896]
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69983
Rules and Regulations
Federal Register
Vol. 78, No. 226
Friday, November 22, 2013
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2011–0047]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Citizenship and
Immigration Services, Immigration and
Customs Enforcement, Customs and
Border Protection—001 Alien File,
Index, and National File Tracking
System of Records
Privacy Office, DHS.
Final rule.
AGENCY:
ACTION:
The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of an
updated and reissued system of records
titled, ‘‘Department of Homeland
Security U.S. Citizenship and
Immigration Services, Immigration and
Customs Enforcement, Customs and
Border Protection—001 Alien File,
Index, and National File Tracking
System of Records’’ from certain
provisions of the Privacy Act.
Specifically, the Department exempts
portions of the system of records from
one or more provisions of the Privacy
Act because of criminal, civil, and
administrative enforcement
requirements.
SUMMARY:
Effective Date: This final rule is
effective November 22, 2013.
FOR FURTHER INFORMATION CONTACT: For
general questions about this system of
records please contact: Donald K.
Hawkins (202) 272–8000, Privacy
Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts
Avenue NW., Washington, DC 20529.
For privacy issues please contact:
Jonathan R. Cantor (202) 343–1717,
Deputy Chief Privacy Officer, Privacy
ehiers on DSK2VPTVN1PROD with RULES
DATES:
VerDate Mar<15>2010
14:00 Nov 21, 2013
Jkt 232001
Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland
Security (DHS) U.S. Citizenship and
Immigration Services (USCIS), U.S.
Immigration and Customs Enforcement
(ICE), U.S. Customs and Border
Protection (CBP) published a notice of
proposed rulemaking in the Federal
Register, 76 FR 34177 (June 13, 2011),
proposing 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. The system
of records is the DHS/USCIS–ICE–CBP–
001 Alien File, Index, and National File
Tracking System of Records. The DHS/
USCIS–ICE–CBP–001 Alien File, Index,
and National File Tracking System of
Records Notice was published
concurrently in the Federal Register, 76
FR 34233 (June 13, 2011), and
comments were invited on both the
Notice of Proposed Rulemaking (NPRM)
and System of Records Notice (SORN).
Public Comments
DHS received two public comments
regarding the NPRM and one public
comment regarding the SORN.
NPRM
DHS received comments from two
individuals regarding the DHS/USCIS–
ICE–CBP–001 NPRM. We have
determined not to makes any changes to
the Final Rule based on the comments
but have made some non-substantive
edits for clarity and consistency. Both
commenters expressed concerns about
DHS exempting records without
justification. Pursuant to the Privacy Act
of 1974, DHS exempts these records
from the access and amendment
provisions of the Privacy Act because
they may contain classified and
sensitive unclassified information
related to intelligence, counterterrorism,
homeland security, and law
enforcement programs. 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 preclude
subjects of these activities from
frustrating these processes; to avoid
disclosure of activity techniques; to
protect the identities and physical safety
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
of confidential informants and law
enforcement personnel; to ensure DHS’s
ability to obtain information from third
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.
One commenter had several
additional concerns. This commenter
contended that individuals are not
properly notified about the extent to
which their information may be shared.
DHS indicates on all information
collection forms that the information
will be shared pursuant to the routine
uses listed in the appropriate SORN.
DHS informs the public that as part of
collecting the information in the Alien
File, information may be shared for
immigration, law enforcement, and
national security purposes.
The commenter expressed concern
that the new routine uses exceed the
purposes of the original collection of
information, weakening the privacy
protections of the system. DHS is
providing this updated list of routine
uses to better inform the public about
the typical uses of information
contained in the Alien File. The Alien
File provides a central location for
information to address several
immigration and law enforcement
needs. Because of the nature of the
immigration lifecycle, this information
must be available for several purposes
consistent with the original collection.
Information is necessary not just to
adjudicate the requested benefit, but
also provide information for law
enforcement purposes and normal
agency functions. The commenter
expressed concern about the use of this
information for audit purposes, but such
a routine use is necessary to ensure the
integrity of the immigration system and
evaluate DHS’s performance.
The commenter expressed concern
about DHS reviewing requests for
information pursuant to the Privacy Act
on a case-by-case basis, because it is an
inefficient method for reviewing
requests. DHS reviews requests for
information on a case-by-case basis to
prevent information from being
withheld categorically. When the
release of information will not interfere
with the purposes of an exemption, DHS
will release the information. Systemlevel exemptions do not permit the
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69984
Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Rules and Regulations
individualized attention afforded by a
case-by-case review, and would result in
information being needlessly withheld.
The commenter expressed concern
that the system does not embody the
Fair Information Practice Principles
(FIPPs). As is evident from the SORN
and the above, DHS implements the
FIPPs in developing all of its systems of
records. DHS provides transparency
through notice to the public describing
the records it maintains about
individuals; provides individual
participation by collecting information
directly from the individual whenever
possible; provides purpose specification
and use limitation by enumerating the
general purposes and routine uses of the
information; provides data
minimization by limiting the amount of
and time data is retained; provides data
integrity by correcting and updating
information and providing redress; and
implements security and auditing
controls.
The commenter recommended DHS
require any agency requesting records
from this system complete a Privacy
Impact Assessment (PIA). Generally, the
E-Government Act of 2002 requires
federal agencies to perform a PIA when
information technology is involved in
collecting, using, or maintaining
personally identifiable information from
the public. DHS does not evaluate the
application of the E-Government Act to
another agency’s request for records
from this system and does not require
other agencies to perform PIAs.
However, DHS requires each agency that
receives information from the Alien File
to demonstrate a proper need to know
the information consistent with Privacy
Act exceptions and routine uses and
agree to terms of use safeguarding the
information. Accordingly, DHS believes
that it takes adequate steps to ensure
that information from the Alien file is
afforded adequate privacy protections
when it is disclosed to another agency.
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SORN
DHS received one comment about the
DHS/USCIS–ICE–CBP–001 SORN
expressing frustration with the public
comment process and with the general
state of immigration in the United
States. DHS acknowledges the
commenter’s frustration.
After consideration of public
comments, DHS will implement the
rulemaking as proposed with minor
grammatical changes.
List of Subjects in 6 CFR Part 5
Freedom of Information; Privacy.
For the reasons stated in the
preamble, DHS proposes to amend
VerDate Mar<15>2010
14:00 Nov 21, 2013
Jkt 232001
Chapter I of Title 6, Code of Federal
Regulations, as follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for Part 5
continues 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.
2. In Appendix C to Part 5, add
paragraph 70 to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
70. DHS/USCIS–ICE–CBP–001 Alien File,
Index, and National File Tracking System of
Records consists of electronic and paper
records and will be used by USCIS, ICE, and
CBP. DHS/USCIS–ICE–CBP–001 Alien File,
Index, and National File Tracking 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 thereunder; and national
security and intelligence activities. DHS/
USCIS–ICE–CBP–001 Alien File, Index, and
National File Tracking 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,
territorial, foreign, or international
government agencies. The Secretary of
Homeland Security has exempted this system
from the following provisions of the Privacy
Act pursuant to 5 U.S.C. 552a(j)(2): 5 U.S.C.
552a(c)(3) and (c)(4), (d), (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8),
(e)(12), (f), (g)(1), and (h). Additionally, the
Secretary of Homeland Security has
exempted this system from the following
provisions of the Privacy Act pursuant to 5
U.S.C. 552a(k)(1) and (k)(2): 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f). Exemptions from these
particular subsections may be 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.
PO 00000
Frm 00002
Fmt 4700
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(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. 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.
(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
Individuals) because providing such detailed
information could impede law enforcement
by compromising the existence of a
confidential investigation or reveal the
identity of witnesses, DHS employees, 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, 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 impede DHS officials’ ability to
effectively use their investigative training
and exercise good judgment to both conduct
and report on investigations.
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Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Rules and Regulations
(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 (e)(12) (Computer
Matching) if the agency is a recipient agency
or a source agency in a matching program
with a non-Federal agency, with respect to
any establishment or revision of a matching
program, at least 30 days prior to conducting
such program, publish in the Federal
Register notice of such establishment or
revision.
(j) From subsection (g)(1) (Civil Remedies)
to the extent that the system is exempt from
other specific subsections of the Privacy Act.
(k) From subsection (h) (Legal Guardians) if
the parent of any minor, or the legal guardian
of any individual who has been declared to
be incompetent due to physical or mental
incapacity or age by a court of competent
jurisdiction, is acting on behalf of the
individual.
Dated: October 28, 2013.
Jonathan R. Cantor,
Deputy Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2013–27896 Filed 11–21–13; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 948
[Doc. No. AMS–FV–13–0072; FV13–948–2
IR]
Irish Potatoes Grown in Colorado;
Decreased Assessment Rate for Area
No. 2
Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
AGENCY:
This rule decreases the
assessment rate established for the
Colorado Potato Administrative
Committee, Area No. 2 (Committee), for
the 2013–2014 and subsequent fiscal
periods from $0.0051 to $0.0033 per
hundredweight of potatoes handled.
The Committee locally administers the
marketing order, which regulates the
handling of Irish potatoes grown in
Colorado. Assessments upon potato
handlers are used by the Committee to
fund reasonable and necessary expenses
of the program. The fiscal period begins
September 1 and ends August 31. The
assessment rate will remain in effect
indefinitely unless modified,
suspended, or terminated.
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SUMMARY:
VerDate Mar<15>2010
14:00 Nov 21, 2013
Jkt 232001
Effective November 23, 2013.
Comments received by January 21, 2014,
will be considered prior to issuance of
a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order and Agreement Division, Fruit
and Vegetable Program, AMS, USDA,
1400 Independence Avenue SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or internet: https://
www.regulations.gov. Comments should
reference the document number and the
date and page number of this issue of
the Federal Register and will be
available for public inspection in the
Office of the Docket Clerk during regular
business hours, or can be viewed at:
https://www.regulations.gov. All
comments submitted in response to this
rule will be included in the record and
will be made available to the public.
Please be advised that the identity of the
individuals or entities submitting the
comments will be made public on the
internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Sue
Coleman, Marketing Specialist, or Gary
D. Olson, Regional Director, Northwest
Marketing Field Office, Marketing Order
and Agreement Division, Fruit and
Vegetable Program, AMS, USDA;
Telephone: (503) 326–2724, Fax: (503)
326–7440, or Email: Sue.Coleman@
ams.usda.gov or GaryD.Olson@
ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Agreement
No. 97 and Order No. 948, both as
amended (7 CFR part 948), regulating
the handling of Irish potatoes grown in
Colorado, hereinafter referred to as the
‘‘order.’’ The order is effective under the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Orders
12866 and 13563.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the order now in effect,
Colorado Area No. 2 potato handlers are
subject to assessments. Funds to
administer the order are derived from
DATES:
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69985
such assessments. It is intended that the
assessment rate, as issued herein, will
be applicable to all assessable potatoes
beginning September 1, 2013, and
continue until amended, suspended, or
terminated.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. Such
handler is afforded the opportunity for
a hearing on the petition. After the
hearing, USDA would rule on the
petition. The Act provides that the
district court of the United States in any
district in which the handler is an
inhabitant, or has his or her principal
place of business, has jurisdiction to
review USDA’s ruling on the petition,
provided an action is filed not later than
20 days after the date of the entry of the
ruling.
This rule decreases the assessment
rate established for the Committee for
the 2013–2014 and subsequent fiscal
periods from $0.0051 to $0.0033 per
hundredweight of potatoes. This change
was unanimously recommended by the
Committee at a meeting held on July 18,
2013.
Section 948.4 of the order divides the
State of Colorado into three areas of
regulation for marketing order purposes.
These areas include: Area No. 1,
commonly known as the Western Slope;
Area No. 2, commonly known as San
Luis Valley; and, Area No. 3, which
consists of the remaining producing
areas within the State of Colorado not
included in the definition of Area No.
1 or Area No. 2. Currently, the order
only regulates the handling of potatoes
produced in Area No. 2 and Area No. 3.
Regulation for Area No. 1 has been
suspended.
Section 948.50 of the order establishes
committees as administrative agencies
for each of the areas set forth under
§ 948.4. Section 948.75 establishes that
each area committee is authorized to
incur such expenses as the Secretary
may find are reasonable and likely to be
incurred during each fiscal period for its
maintenance and functioning, and for
purposes determined to be appropriate
for administration of this part. Section
948.76 requires each area committee to
prepare and submit an estimated budget
to the Secretary for approval and to
recommend a rate of assessment
sufficient to provide funds to defray its
proposed expenditures.
E:\FR\FM\22NOR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 226 (Friday, November 22, 2013)]
[Rules and Regulations]
[Pages 69983-69985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27896]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 /
Rules and Regulations
[[Page 69983]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2011-0047]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Citizenship and Immigration Services,
Immigration and Customs Enforcement, Customs and Border Protection--001
Alien File, Index, and National File Tracking System of Records
AGENCY: Privacy Office, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is issuing a final rule to
amend its regulations to exempt portions of an updated and reissued
system of records titled, ``Department of Homeland Security U.S.
Citizenship and Immigration Services, Immigration and Customs
Enforcement, Customs and Border Protection--001 Alien File, Index, and
National File Tracking System of Records'' from certain provisions of
the Privacy Act. Specifically, the Department exempts portions of the
system of records from one or more provisions of the Privacy Act
because of criminal, civil, and administrative enforcement
requirements.
DATES: Effective Date: This final rule is effective November 22, 2013.
FOR FURTHER INFORMATION CONTACT: For general questions about this
system of records please contact: Donald K. Hawkins (202) 272-8000,
Privacy Officer, U.S. Citizenship and Immigration Services, 20
Massachusetts Avenue NW., Washington, DC 20529. For privacy issues
please contact: Jonathan R. Cantor (202) 343-1717, Deputy Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
DC 20528.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland Security (DHS) U.S. Citizenship and
Immigration Services (USCIS), U.S. Immigration and Customs Enforcement
(ICE), U.S. Customs and Border Protection (CBP) published a notice of
proposed rulemaking in the Federal Register, 76 FR 34177 (June 13,
2011), proposing 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. The system of records is the
DHS/USCIS-ICE-CBP-001 Alien File, Index, and National File Tracking
System of Records. The DHS/USCIS-ICE-CBP-001 Alien File, Index, and
National File Tracking System of Records Notice was published
concurrently in the Federal Register, 76 FR 34233 (June 13, 2011), and
comments were invited on both the Notice of Proposed Rulemaking (NPRM)
and System of Records Notice (SORN).
Public Comments
DHS received two public comments regarding the NPRM and one public
comment regarding the SORN.
NPRM
DHS received comments from two individuals regarding the DHS/USCIS-
ICE-CBP-001 NPRM. We have determined not to makes any changes to the
Final Rule based on the comments but have made some non-substantive
edits for clarity and consistency. Both commenters expressed concerns
about DHS exempting records without justification. Pursuant to the
Privacy Act of 1974, DHS exempts these records from the access and
amendment provisions of the Privacy Act because they may contain
classified and sensitive unclassified information related to
intelligence, counterterrorism, homeland security, and law enforcement
programs. 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 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; 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.
One commenter had several additional concerns. This commenter
contended that individuals are not properly notified about the extent
to which their information may be shared. DHS indicates on all
information collection forms that the information will be shared
pursuant to the routine uses listed in the appropriate SORN. DHS
informs the public that as part of collecting the information in the
Alien File, information may be shared for immigration, law enforcement,
and national security purposes.
The commenter expressed concern that the new routine uses exceed
the purposes of the original collection of information, weakening the
privacy protections of the system. DHS is providing this updated list
of routine uses to better inform the public about the typical uses of
information contained in the Alien File. The Alien File provides a
central location for information to address several immigration and law
enforcement needs. Because of the nature of the immigration lifecycle,
this information must be available for several purposes consistent with
the original collection. Information is necessary not just to
adjudicate the requested benefit, but also provide information for law
enforcement purposes and normal agency functions. The commenter
expressed concern about the use of this information for audit purposes,
but such a routine use is necessary to ensure the integrity of the
immigration system and evaluate DHS's performance.
The commenter expressed concern about DHS reviewing requests for
information pursuant to the Privacy Act on a case-by-case basis,
because it is an inefficient method for reviewing requests. DHS reviews
requests for information on a case-by-case basis to prevent information
from being withheld categorically. When the release of information will
not interfere with the purposes of an exemption, DHS will release the
information. System-level exemptions do not permit the
[[Page 69984]]
individualized attention afforded by a case-by-case review, and would
result in information being needlessly withheld.
The commenter expressed concern that the system does not embody the
Fair Information Practice Principles (FIPPs). As is evident from the
SORN and the above, DHS implements the FIPPs in developing all of its
systems of records. DHS provides transparency through notice to the
public describing the records it maintains about individuals; provides
individual participation by collecting information directly from the
individual whenever possible; provides purpose specification and use
limitation by enumerating the general purposes and routine uses of the
information; provides data minimization by limiting the amount of and
time data is retained; provides data integrity by correcting and
updating information and providing redress; and implements security and
auditing controls.
The commenter recommended DHS require any agency requesting records
from this system complete a Privacy Impact Assessment (PIA). Generally,
the E-Government Act of 2002 requires federal agencies to perform a PIA
when information technology is involved in collecting, using, or
maintaining personally identifiable information from the public. DHS
does not evaluate the application of the E-Government Act to another
agency's request for records from this system and does not require
other agencies to perform PIAs. However, DHS requires each agency that
receives information from the Alien File to demonstrate a proper need
to know the information consistent with Privacy Act exceptions and
routine uses and agree to terms of use safeguarding the information.
Accordingly, DHS believes that it takes adequate steps to ensure that
information from the Alien file is afforded adequate privacy
protections when it is disclosed to another agency.
SORN
DHS received one comment about the DHS/USCIS-ICE-CBP-001 SORN
expressing frustration with the public comment process and with the
general state of immigration in the United States. DHS acknowledges the
commenter's frustration.
After consideration of public comments, DHS will implement the
rulemaking as proposed with minor grammatical changes.
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 continues 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. In Appendix C to Part 5, add paragraph 70 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
70. DHS/USCIS-ICE-CBP-001 Alien File, Index, and National File
Tracking System of Records consists of electronic and paper records
and will be used by USCIS, ICE, and CBP. DHS/USCIS-ICE-CBP-001 Alien
File, Index, and National File Tracking 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 thereunder; and national security and
intelligence activities. DHS/USCIS-ICE-CBP-001 Alien File, Index,
and National File Tracking 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,
territorial, foreign, or international government agencies. The
Secretary of Homeland Security has exempted this system from the
following provisions of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2): 5 U.S.C. 552a(c)(3) and (c)(4), (d), (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (e)(12),
(f), (g)(1), and (h). Additionally, the Secretary of Homeland
Security has exempted this system from the following provisions of
the Privacy Act pursuant to 5 U.S.C. 552a(k)(1) and (k)(2): 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
Exemptions from these particular subsections may be 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. 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.
(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 Individuals) because
providing such detailed information could impede law enforcement by
compromising the existence of a confidential investigation or reveal
the identity of witnesses, DHS employees, 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, 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 impede DHS officials' ability to effectively use their
investigative training and exercise good judgment to both conduct
and report on investigations.
[[Page 69985]]
(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 (e)(12) (Computer Matching) if the agency is
a recipient agency or a source agency in a matching program with a
non-Federal agency, with respect to any establishment or revision of
a matching program, at least 30 days prior to conducting such
program, publish in the Federal Register notice of such
establishment or revision.
(j) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act. (k) From subsection (h) (Legal Guardians) if the parent of any
minor, or the legal guardian of any individual who has been declared
to be incompetent due to physical or mental incapacity or age by a
court of competent jurisdiction, is acting on behalf of the
individual.
Dated: October 28, 2013.
Jonathan R. Cantor,
Deputy Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-27896 Filed 11-21-13; 8:45 am]
BILLING CODE 9111-97-P
