Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security DHS/U.S. Customs and Border Protection (CBP)-023 Border Patrol Enforcement Records (BPER) System of Records, 92549-92550 [2016-30457]
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92549
Rules and Regulations
Federal Register
Vol. 81, No. 244
Tuesday, December 20, 2016
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–2016–0091]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security DHS/U.S. Customs and
Border Protection (CBP)–023 Border
Patrol Enforcement Records (BPER)
System of Records
Department of Homeland
Security, Privacy Office.
ACTION: Final rule.
AGENCY:
The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
newly established system of records
titled, ‘‘Department of Homeland
Security U.S. Customs and Border
Protection (DHS/CBP)–023 Border
Patrol Enforcement Records (BPER)
System of Records’’ from certain
provisions of the Privacy Act.
Specifically, the Department exempts
portions of the ‘‘DHS/CBP–023 BPER
System of Records’’ from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements.
DATES: This final rule is effective
December 20, 2016.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: Debra
Danisek (202–344–1191), CBP Privacy
Officer, Privacy and Diversity Office,
1300 Pennsylvania Avenue NW.,
Washington, DC 20229. For privacy
issues please contact: Jonathan R.
Cantor (202–343–1717), Acting Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
19:50 Dec 19, 2016
Jkt 241001
I. Background
The Department of Homeland
Security (DHS) U.S. Customs and
Border Protection (CBP) published a
notice of proposed rulemaking in the
Federal Register, (81 FR 72551, October
20, 2016) 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. DHS issued the ‘‘DHS/
CBP–023 Border Patrol Enforcement
(BPER) Records System of Records’’ in
the Federal Register at 81 FR 72601 on
October 20, 2016, to provide notice to
the public that DHS/CBP will collect
and maintain enforcement records to
secure the U.S. border between Ports of
Entry (POE), furthering its enforcement
and immigration mission. DHS
previously maintained these records
under the DHS/ICE–011 Criminal Arrest
Records and Immigration Enforcement
Records (CARIER) (81 FR 72080,
October 19, 2016) and the DHS/
USVISIT–004 DHS Automated
Biometric Identification System (IDENT)
(72 FR 31080, June 5, 2007) System of
Records Notices. DHS/CBP issued this
new system of records to claim
ownership of records created as a result
of CBP interactions between POE.
DHS/CBP invited comments on both
the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice
(SORN).
II. Public Comments
DHS/CBP received one positive
comment on the NPRM and no
comments on the SORN for the DHS/
CBP–023 BPER System of Records. After
consideration of the public comment,
DHS will implement the rulemaking as
proposed.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the
preamble, DHS amends 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: Pub. L. 107–296, 116 Stat. 2135;
(6 U.S.C. 101 et seq.); 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.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
2. Add paragraph 76 to appendix C to
part 5 to read as follows::
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
76. The DHS/CBP–023 Border Patrol
Enforcement Records (BPER) System of
Records consists of electronic and paper
records and will be used by DHS and its
components. The DHS/CBP–023 BPER
System of Records is a repository of
information held by DHS/CBP 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/CBP–023
BPER 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)(5), (e)(8);
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), and
(e)(4)(H). 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
E:\FR\FM\20DER1.SGM
20DER1
mstockstill on DSK3G9T082PROD with RULES
92550
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations
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
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) and (e)(4)(H)
(Agency Requirements) 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)(1) (Civil Remedies)
to the extent that the system is exempt from
other specific subsections of the Privacy Act.
VerDate Sep<11>2014
19:50 Dec 19, 2016
Jkt 241001
Dated: December 13, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–30457 Filed 12–19–16; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 251, 271, 272 and 277
[FNS–2016–0028]
RIN: 0584–AE44
Supplemental Nutrition Assistance
Program Promotion
Food and Nutrition Service
(FNS), USDA.
ACTION: Final rule.
AGENCY:
This final rule implements
Section 4018 of the Agricultural Act of
2014. Section 4018 created new
limitations on the use of Federal funds
authorized in the Food and Nutrition
Act of 2008, as amended (FNA), for the
Supplemental Nutrition Assistance
Program (SNAP) promotion and
outreach activities. Specifically, Section
4018 of the 2014 Farm Bill prohibits the
use of Federal funds appropriated in the
FNA from being used for: recruitment
activities designed to persuade an
individual to apply for SNAP benefits;
television, radio, or billboard
advertisements that are designed to
promote SNAP benefits and enrollment;
or agreements with foreign governments
designed to promote SNAP benefits and
enrollment. The prohibition on using
funds appropriated under the FNA for
television, radio, or billboard
advertisements does not apply to
Disaster SNAP.
Section 4018 also prohibits any entity
that receives funds under the FNA from
compensating any person engaged in
outreach or recruitment activities based
on the number of individuals who apply
to receive SNAP benefits. Lastly,
Section 4018 modifies Section 16(a)(4)
of the FNA to prohibit the Federal
government from paying administrative
costs associated with recruitment
activities designed to persuade an
individual to apply for program benefits
or that promote the program through
television, radio, or billboard
advertisements.
This final rule also impacts the Food
Distribution Program on Indian
Reservations (FDPIR) and The
Emergency Food Assistance Program
(TEFAP), both of which receive funding
and/or foods authorized under the FNA.
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
This final rule is effective
January 19, 2017.
DATES:
FOR FURTHER INFORMATION CONTACT:
Mary Rose Conroy, Chief, Program
Development Division, Program Design
Branch, Food and Nutrition Services,
U.S. Department of Agriculture, 3101
Park Center Drive, Room 810,
Alexandria, VA 22302, or by phone at
(703) 305–2803, or by email at
Maryrose.conroy@fns.usda.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Comments and the Final
Rule
III. Procedural Matters
I. Background
This rule implements Section 4018 of
the Agricultural Act of 2014 (Pub L.
113–79, 2014 Farm Bill). Section 4018
of the 2014 Farm Bill creates new
limitations on the use of Federal funds
authorized in the Food and Nutrition
Act of 2008 (FNA) for Supplemental
Nutrition Assistance Program (SNAP)
promotion and recruitment activities.
Specifically, Section 4018:
• Amends Section 16(a)(4) of the FNA
to prohibit Federal reimbursement for
activities that are designed to persuade
an individual to apply for program
benefits or that promote the program
through television, radio, or billboard
advertisements.
• Amends the end of Section 18 of
the FNA to prohibit the use of Federal
funds authorized to be appropriated
under the FNA from being used for:
(1) Recruitment activities designed to
persuade an individual to apply for
SNAP benefits;
(2) Television, radio, or billboard
advertisements that are designed to
promote SNAP benefits and enrollment.
This provision does not apply to
Disaster SNAP; or
(3) Any agreements with foreign
governments designed to promote SNAP
benefits and enrollment.
• Amends the end of Section 18 of
the FNA to require the Secretary of
Agriculture to issue regulations that
prohibit entities that receive funds
under the FNA from compensating any
person engaged in outreach or
recruitment activities based on the
number of individuals who apply to
receive SNAP benefits.
II. Discussion of Comments and the
Final Rule
General Comments
On March 14, 2016, the Department
published a proposed rule to implement
the changes made by Section 4018. See
Supplemental Nutrition Assistance
Program Promotion, 81 FR 13290 (Mar.
E:\FR\FM\20DER1.SGM
20DER1
]]>Agencies
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Pages 92549-92550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30457]
========================================================================
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. 81, No. 244 / Tuesday, December 20, 2016 /
Rules and Regulations
[[Page 92549]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2016-0091]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security DHS/U.S. Customs and Border Protection (CBP)-023
Border Patrol Enforcement Records (BPER) System of Records
AGENCY: Department of Homeland Security, Privacy Office.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is issuing a final rule to
amend its regulations to exempt portions of a newly established system
of records titled, ``Department of Homeland Security U.S. Customs and
Border Protection (DHS/CBP)-023 Border Patrol Enforcement Records
(BPER) System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of the ``DHS/CBP-023 BPER
System of Records'' from one or more provisions of the Privacy Act
because of criminal, civil, and administrative enforcement
requirements.
DATES: This final rule is effective December 20, 2016.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Debra Danisek (202-344-1191), CBP Privacy Officer, Privacy and
Diversity Office, 1300 Pennsylvania Avenue NW., Washington, DC 20229.
For privacy issues please contact: Jonathan R. Cantor (202-343-1717),
Acting Chief Privacy Officer, Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland Security (DHS) U.S. Customs and Border
Protection (CBP) published a notice of proposed rulemaking in the
Federal Register, (81 FR 72551, October 20, 2016) 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. DHS issued the ``DHS/CBP-023 Border Patrol Enforcement
(BPER) Records System of Records'' in the Federal Register at 81 FR
72601 on October 20, 2016, to provide notice to the public that DHS/CBP
will collect and maintain enforcement records to secure the U.S. border
between Ports of Entry (POE), furthering its enforcement and
immigration mission. DHS previously maintained these records under the
DHS/ICE-011 Criminal Arrest Records and Immigration Enforcement Records
(CARIER) (81 FR 72080, October 19, 2016) and the DHS/USVISIT-004 DHS
Automated Biometric Identification System (IDENT) (72 FR 31080, June 5,
2007) System of Records Notices. DHS/CBP issued this new system of
records to claim ownership of records created as a result of CBP
interactions between POE.
DHS/CBP invited comments on both the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice (SORN).
II. Public Comments
DHS/CBP received one positive comment on the NPRM and no comments
on the SORN for the DHS/CBP-023 BPER System of Records. After
consideration of the public comment, DHS will implement the rulemaking
as proposed.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS amends 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: Pub. L. 107-296, 116 Stat. 2135; (6 U.S.C. 101 et
seq.); 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 paragraph 76 to appendix C to part 5 to read as follows::
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
76. The DHS/CBP-023 Border Patrol Enforcement Records (BPER)
System of Records consists of electronic and paper records and will
be used by DHS and its components. The DHS/CBP-023 BPER System of
Records is a repository of information held by DHS/CBP 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/CBP-023 BPER 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)(5), (e)(8); 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), and (e)(4)(H). 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
[[Page 92550]]
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 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) and (e)(4)(H) (Agency
Requirements) 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)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
Dated: December 13, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-30457 Filed 12-19-16; 8:45 am]
BILLING CODE 9111-14-P
