Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-030 Use of the Terrorist Screening Database System of Records, 3748-3750 [2016-01169]

Download as PDF 3748 Proposed Rules Federal Register Vol. 81, No. 14 Friday, January 22, 2016 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. DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS–2016–0001] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL–030 Use of the Terrorist Screening Database System of Records Privacy Office, Department of Homeland Security. ACTION: Notice of proposed rulemaking. AGENCY: The Department of Homeland Security is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the ‘‘Department of Homeland Security/ALL–030 Use of the Terrorist Screening Database 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 February 22, 2016. ADDRESSES: You may submit comments, identified by docket number DHS– 2016–0001 by one of the following methods: • Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–343–4010. • Mail: Karen L. Neuman, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. Instructions: All submissions received must include the agency name and docket number for this notice. All comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or wgreen on DSK2VPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 14:28 Jan 21, 2016 Jkt 238001 comments received, go to https:// www.regulations.gov. For general questions or privacy issues please contact: Karen L. Neuman, (202– 343–1717), Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the Department of Homeland Security (DHS) is giving notice of a proposed rule to accompany an updated system of records notice titled, ‘‘DHS/ALL–030 Use of the Terrorist Screening Database (TSDB) System of Records.’’ DHS maintains a synchronized copy of the Department of Justice (DOJ)/ Federal Bureau of Investigation (FBI)019 Terrorist Screening Records System of Records (August 22, 2007, 72 FR 47073) via a technological mechanism called DHS Watchlist Service (WLS) that disseminates the feed to authorized DHS components. The WLS supports an automated and centralized data transmission of TSDB data to DHS. The WLS replaced multiple data feeds from the FBI/TSC to DHS and its components, as documented by information sharing agreements. The WLS is a system to system secure connection with no direct user interface. DHS is publishing this notice of proposed rulemaking to account for the expansion of the current system of records notice to clarify one category of individuals and add two new categories of individuals whose information is currently included in, or is contemplated for inclusion in, the TSDB. These categories of information have been included in the TSDB to in support of the White House’s ‘‘Strategy to Combat Transnational Organized Crime’’ (July 19, 2011), and National Security Presidential Directive-59/ Homeland Security Presidential Directive-24, ‘‘Biometrics for Identification and Screening to Enhance National Security’’ (June 5, 2008). These executive strategies are relevant to DHS’s vetting and screening operations. DHS is clarifying the category of individuals to explicitly include relatives, associates, or others closely connected with a known or suspected terrorist who are excludable from the United States based on these PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 relationships by virtue of sec. 212(a)(3)(B) of the Immigration and Nationality Act, as amended, and do not otherwise satisfy the requirements for inclusion in the TSDB. DHS is adding two new categories of individuals to include: (1) Individuals who were officially detained during military operations, but not as enemy prisoners of war, and who have been identified as possibly posing a threat to national security, and who do not otherwise satisfy the requirements for inclusion in the TSDB (‘‘military detainees’’), consistent with E.O. 12333 (or successor order) and the DOJ/FBI– 019; and (2) individuals who may pose a threat to national security because they are (a) known or suspected to be or have been engaged in conduct constituting, in aid of, or related to transnational organized crime, thereby posing a possible threat to national security, and (b) do not otherwise satisfy the requirements for inclusion in the TSDB (‘‘transnational organized crime actors’’), consistent with E.O. 12333 (or successor order) (‘‘national security threats’’) and in support of the White House’s ‘‘Strategy to Combat Transnational Organized Crime’’ (July 19, 2011), and National Security Presidential Directive-59/Homeland Security Presidential Directive-24, ‘‘Biometrics for Identification and Screening to Enhance National Security’’ (June 5, 2008). DHS is also publishing this notice of proposed rulemaking to account for the expansion of the current system of records to clarify and expand the categories of records maintained by the Department. These categories of records are types of data elements included in the TSDB and are shared with DHS and have been deemed relevant to supporting DHS’s vetting and screening operations. 1. Identifying biographic information, such as name, date of birth, place of birth, passport or driver’s license information, and any other available identifying particulars used to compare the identity of an individual being screened with a subject in the TSDB; 2. Biometric information, such as photographs, fingerprints, or iris images, and associated biographic and contextual information; 3. References to, or information from, other government law enforcement and intelligence databases, or other relevant E:\FR\FM\22JAP1.SGM 22JAP1 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Proposed Rules wgreen on DSK2VPTVN1PROD with PROPOSALS databases that may contain terrorism and/or national security information, such as unique identification numbers used in other systems; 4. Information collected and compiled to maintain an audit trail of the activity of authorized users of WLS information systems; and 5. System-generated information, including metadata, archived records and record histories from WLS. DHS is planning future enhancements to the WLS that will provide for a central mechanism to receive information from DHS components when they encounter a potential match to the TSDB and send this information to the FBI/TSC. DHS will update this SORN to reflect such enhancements to the WLS once that capability is implemented. All encounter-related information sharing from DHS to the FBI/TSC will be conducted pursuant to the programmatic system of records notices outlined above. DHS previously published a Final Rule in the Federal Register to exempt this system of records from certain provisions of the Privacy Act at 75 FR 55335, Dec. 29, 2011. DHS is publishing a new notice of proposed rulemaking to cover the exemptions that will now be applied to these new categories of individuals covered within this system of records. The existing Final Rule for Privacy Act exemptions continues to apply until the new Final Rule is published. This updated system will be included in DHS’s inventory of record systems. 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 personally identifiable information. 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 the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass U.S. citizens and lawful permanent residents. As a matter of policy, DHS extends administrative Privacy Act protections to all individuals where systems of records maintain information on U.S. citizens, lawful permanent residents, and visitors. The Privacy Act allows government agencies to exempt certain records from the access and amendment provisions. If VerDate Sep<11>2014 14:28 Jan 21, 2016 Jkt 238001 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–030 Use of the Terrorist Screening Database System of Records. Some information in DHS/ALL–030 Use of the Terrorist Screening Database System of Records relates to official DHS national security and law enforcement 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 preclude subjects of these activities from frustrating these processes. 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–030 Use of the Terrorist Screening Database System of Records is also published elsewhere 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 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. 2. In Appendix C to Part 5, revise paragraph 66 to read as follows: ■ Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act * * * * * 66. The DHS/ALL–030 Use of the Terrorist Screening Database System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/ALL–030 Use of the Terrorist Screening Database System of Records is a repository of information held by DHS in connection with its several and varied missions and functions, including, the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; and national PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 3749 security and intelligence activities. The DHS/ ALL–030 Use of the Terrorist Screening Database 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(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)(1) and (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). 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) 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 E:\FR\FM\22JAP1.SGM 22JAP1 3750 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Proposed Rules 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. wgreen on DSK2VPTVN1PROD with PROPOSALS * * * * * Dated: January 12, 2016. Karen L. Neuman Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2016–01169 Filed 1–21–16; 8:45 am] BILLING CODE 9110–9B–P VerDate Sep<11>2014 14:28 Jan 21, 2016 Jkt 238001 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 284 [Docket No. RM96–1–040] Standards for Business Practices of Interstate Natural Gas Pipelines Federal Energy Regulatory Commission. DOE. ACTION: Proposed rule; request for comment on filing. AGENCY: Take notice that on January 11, 2016, the North American Energy Standards Board (NAESB) filed a report with the Commission stating it had approved a minor correction to Standard No. 1.3.22 (ii) of Version 3.0 of the NAESB Wholesale Gas Quadrant standards, which were incorporated by reference in the Commission’s regulations by order issued by the Commission on October 16, 2015. Comments are invited on whether to incorporate this minor correction by reference in the Commission’s regulations. DATES: Comments are due on or before February 10, 2016. ADDRESSES: Comments, identified by docket number, may be filed in the following ways: • Electronic Filing through https:// www.ferc.gov. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not in a scanned format. • Mail/Hand Delivery: Those unable to file electronically may mail or handdeliver comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426. FOR FURTHER INFORMATION CONTACT: Gary D. Cohen (legal issues), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: (202) 502–8321, Email: gary.cohen@ ferc.gov. SUPPLEMENTARY INFORMATION: Comments are requested on whether to incorporate by reference the following NAESB Wholesale Gas Quadrant Standard into § 284.12 of the Commission’s regulations: Nominations Related Standards (Version 3.0, November 14, 2014, with minor corrections applied through June 29, 2015 and MC15021 effective November 25, 2015). Office of Management and Budget Circular A–119 (section 11) (February 10, 1998) provides that federal agencies SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 should publish a request for comment in a Notice of Proposed Rulemaking when the agency is seeking to issue or revise a regulation proposing to adopt a voluntary consensus standard or a government-unique standard. Standard 1.3.22 would be incorporated by reference. The Office of the Federal Register requires agencies incorporating material by reference in final rules to discuss, in the preamble of the final rule, the ways that the materials it incorporates by reference are reasonably available to interested parties and how interested parties can obtain the materials.1 The regulations also require agencies to summarize, in the preamble of the final rule, the material it incorporates by reference. Standard 1.3.22 (ii) establishes the scheduled quantity when no response is received for a request for confirmation. Our regulations provide that copies of the NAESB standards incorporated by reference may be obtained from the North American Energy Standards Board, 801 Travis Street, Suite 1675, Houston, TX 77002, Phone: (713) 356–0060. NAESB’s Web site is at https://www.naesb.org/. Copies may be inspected at the Federal Energy Regulatory Commission, Public Reference and Files Maintenance Branch, 888 First Street NE., Washington, DC 20426, Phone: (202) 502–8371, https://www.ferc.gov. The procedures used by NAESB make its standards reasonably available to those affected by the Commission regulations, which is comprised of entities that have the means to acquire the information they need to effectively participate in Commission proceedings. Participants can join NAESB, for an annual membership cost of only $7,000, which entitles them to full participation in NAESB and enables them to obtain these standards at no additional cost.2 Non-members who have purchased the standards may obtain the Minor Correction for free, non-members who have not purchased the standards may obtain the Standards Manual for standard 1.3.22 by email for $250 per Manual.3 Nonmembers also may obtain the complete set of Standards Manuals, Booklets, and Contracts on CD for $2,000. NAESB also provides a free electronic read-only version of the standards for a three business day period or, in the case of a regulatory comment period, through the end of the 1 1 CFR 51.5. See Incorporation by Reference, 79 FR 66267 (Nov. 7, 2014). 2 North American Energy Standards Board Membership Application, https://www.naesb.org/ pdf4/naesbapp.pdf. 3 NAESB Materials Order Form, https:// www.naesb.org//pdf/ordrform.pdf. E:\FR\FM\22JAP1.SGM 22JAP1

Agencies

[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Proposed Rules]
[Pages 3748-3750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01169]


========================================================================
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. 81, No. 14 / Friday, January 22, 2016 / 
Proposed Rules

[[Page 3748]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2016-0001]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/ALL-030 Use of the Terrorist Screening Database 
System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Department of Homeland Security is giving concurrent 
notice of an updated and reissued system of records pursuant to the 
Privacy Act of 1974 for the ``Department of Homeland Security/ALL-030 
Use of the Terrorist Screening Database 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 February 22, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0001 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Karen L. Neuman, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions or privacy 
issues please contact: Karen L. Neuman, (202-343-1717), Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) is giving notice of a proposed 
rule to accompany an updated system of records notice titled, ``DHS/
ALL-030 Use of the Terrorist Screening Database (TSDB) System of 
Records.''
    DHS maintains a synchronized copy of the Department of Justice 
(DOJ)/Federal Bureau of Investigation (FBI)-019 Terrorist Screening 
Records System of Records (August 22, 2007, 72 FR 47073) via a 
technological mechanism called DHS Watchlist Service (WLS) that 
disseminates the feed to authorized DHS components. The WLS supports an 
automated and centralized data transmission of TSDB data to DHS. The 
WLS replaced multiple data feeds from the FBI/TSC to DHS and its 
components, as documented by information sharing agreements. The WLS is 
a system to system secure connection with no direct user interface.
    DHS is publishing this notice of proposed rulemaking to account for 
the expansion of the current system of records notice to clarify one 
category of individuals and add two new categories of individuals whose 
information is currently included in, or is contemplated for inclusion 
in, the TSDB. These categories of information have been included in the 
TSDB to in support of the White House's ``Strategy to Combat 
Transnational Organized Crime'' (July 19, 2011), and National Security 
Presidential Directive-59/Homeland Security Presidential Directive-24, 
``Biometrics for Identification and Screening to Enhance National 
Security'' (June 5, 2008). These executive strategies are relevant to 
DHS's vetting and screening operations.
    DHS is clarifying the category of individuals to explicitly include 
relatives, associates, or others closely connected with a known or 
suspected terrorist who are excludable from the United States based on 
these relationships by virtue of sec. 212(a)(3)(B) of the Immigration 
and Nationality Act, as amended, and do not otherwise satisfy the 
requirements for inclusion in the TSDB.
    DHS is adding two new categories of individuals to include: (1) 
Individuals who were officially detained during military operations, 
but not as enemy prisoners of war, and who have been identified as 
possibly posing a threat to national security, and who do not otherwise 
satisfy the requirements for inclusion in the TSDB (``military 
detainees''), consistent with E.O. 12333 (or successor order) and the 
DOJ/FBI-019; and (2) individuals who may pose a threat to national 
security because they are (a) known or suspected to be or have been 
engaged in conduct constituting, in aid of, or related to transnational 
organized crime, thereby posing a possible threat to national security, 
and (b) do not otherwise satisfy the requirements for inclusion in the 
TSDB (``transnational organized crime actors''), consistent with E.O. 
12333 (or successor order) (``national security threats'') and in 
support of the White House's ``Strategy to Combat Transnational 
Organized Crime'' (July 19, 2011), and National Security Presidential 
Directive-59/Homeland Security Presidential Directive-24, ``Biometrics 
for Identification and Screening to Enhance National Security'' (June 
5, 2008).
    DHS is also publishing this notice of proposed rulemaking to 
account for the expansion of the current system of records to clarify 
and expand the categories of records maintained by the Department. 
These categories of records are types of data elements included in the 
TSDB and are shared with DHS and have been deemed relevant to 
supporting DHS's vetting and screening operations.
    1. Identifying biographic information, such as name, date of birth, 
place of birth, passport or driver's license information, and any other 
available identifying particulars used to compare the identity of an 
individual being screened with a subject in the TSDB;
    2. Biometric information, such as photographs, fingerprints, or 
iris images, and associated biographic and contextual information;
    3. References to, or information from, other government law 
enforcement and intelligence databases, or other relevant

[[Page 3749]]

databases that may contain terrorism and/or national security 
information, such as unique identification numbers used in other 
systems;
    4. Information collected and compiled to maintain an audit trail of 
the activity of authorized users of WLS information systems; and
    5. System-generated information, including metadata, archived 
records and record histories from WLS.
    DHS is planning future enhancements to the WLS that will provide 
for a central mechanism to receive information from DHS components when 
they encounter a potential match to the TSDB and send this information 
to the FBI/TSC. DHS will update this SORN to reflect such enhancements 
to the WLS once that capability is implemented. All encounter-related 
information sharing from DHS to the FBI/TSC will be conducted pursuant 
to the programmatic system of records notices outlined above.
    DHS previously published a Final Rule in the Federal Register to 
exempt this system of records from certain provisions of the Privacy 
Act at 75 FR 55335, Dec. 29, 2011. DHS is publishing a new notice of 
proposed rulemaking to cover the exemptions that will now be applied to 
these new categories of individuals covered within this system of 
records. The existing Final Rule for Privacy Act exemptions continues 
to apply until the new Final Rule is published. This updated system 
will be included in DHS's inventory of record systems.

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 personally 
identifiable information. 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 the individual or by some 
identifying number, symbol, or other identifying particular assigned to 
the individual. In the Privacy Act, an individual is defined to 
encompass U.S. citizens and lawful permanent residents. As a matter of 
policy, DHS extends administrative Privacy Act protections to all 
individuals where systems of records maintain information on U.S. 
citizens, lawful permanent residents, and visitors.
    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-030 Use of the Terrorist Screening Database System of 
Records. Some information in DHS/ALL-030 Use of the Terrorist Screening 
Database System of Records relates to official DHS national security 
and law enforcement 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 preclude subjects of these activities from frustrating 
these processes. 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-030 Use of the Terrorist 
Screening Database System of Records is also published elsewhere 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. 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. In Appendix C to Part 5, revise paragraph 66 to read as follows:

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

* * * * *
    66. The DHS/ALL-030 Use of the Terrorist Screening Database 
System of Records consists of electronic and paper records and will 
be used by DHS and its components. The DHS/ALL-030 Use of the 
Terrorist Screening Database System of Records is a repository of 
information held by DHS in connection with its several and varied 
missions and functions, including, the enforcement of civil and 
criminal laws; investigations, inquiries, and proceedings there 
under; and national security and intelligence activities. The DHS/
ALL-030 Use of the Terrorist Screening Database 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(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)(1) and (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). 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) 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

[[Page 3750]]

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.
* * * * *

    Dated: January 12, 2016.
Karen L. Neuman
Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2016-01169 Filed 1-21-16; 8:45 am]
 BILLING CODE 9110-9B-P
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