Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Immigration and Customs Enforcement-007 Criminal History and Immigration Verification (CHIVe) System of Records, 20738-20740 [2018-09906]
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20738
Proposed Rules
Federal Register
Vol. 83, No. 89
Tuesday, May 8, 2018
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–2018–0014]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/U.S. Immigration and
Customs Enforcement-007 Criminal
History and Immigration Verification
(CHIVe) System of Records
Department of Homeland
Security.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of Homeland
Security (DHS) is giving concurrent
notice of a modified, renamed, and
reissued system of records pursuant to
the Privacy Act of 1974 for the
‘‘Department of Homeland Security/U.S.
Immigration and Customs Enforcement007 Alien Criminal Response
Information Management System of
Records’’ and this proposed rulemaking.
In this proposed rulemaking, the
Department proposes to rename the
system Criminal History and
Immigration Verification, and exempt
portions of the system of records from
one or more provisions of the Privacy
Act because of criminal, civil, and
administrative enforcement
requirements.
SUMMARY:
Comments must be received on
or before June 7, 2018.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2018–0014, 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: Philip S. Kaplan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
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DATES:
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docket number DHS–2018–0014. 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 please contact: Amber
Smith, (202–732–3300), ICEPrivacy@
ice.dhs.gov, Privacy Officer, U.S.
Immigration and Customs Enforcement,
500 12th Street SW, Washington, DC
20536. For privacy issues please
contact: Philip S. Kaplan, Privacy@
hq.dhs.gov, (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, DHS U.S.
Immigration and Customs Enforcement
(ICE) proposes to modify, rename, and
reissue a current DHS Privacy Act
system of records notice (SORN) titled,
‘‘DHS/ICE–007 Alien Criminal Response
Information Management (ACRIMe)’’ 78
FR 10623 (Feb. 14, 2013). ICE had
previously issued a Final Rule for this
SORN on Aug. 31, 2009, published at 74
FR 45079. As a result of the
modifications to this SORN, DHS/ICE is
proposing to issue this new rule.
DHS/ICE update to ACRIMe includes
several changes. First, the system of
records is being renamed ‘‘Criminal
History and Immigration Verification
(CHIVe)’’ to better align with the
purpose of the system. This system of
records covers records documenting
inquiries received from federal, state,
and local law enforcement agencies so
ICE can check the immigration status
and criminal history of individuals who
are arrested or otherwise encountered
by those agencies; and other federal
agencies for screening (including as part
of background checks being conducted
by those agencies) to inform those
agencies’ determinations regarding
suitability for employment, access,
sponsorship of an unaccompanied alien
child, or other purposes or otherwise
encountered by those agencies.
Second, DHS is adding a purpose of
the system, as ICE will now screen
individuals seeking approval from the
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Department of Health and Human
Services (HHS) to sponsor an
unaccompanied alien child, as well as
other adult members of the potential
sponsor’s household, to verify or
ascertain citizenship or immigration
status, immigration history, and
criminal history.
Third, DHS is clarifying that the
Department may use information
maintained in this system of records for
other purposes consistent with its
statutory authorities.
Fourth, this update adds a new
category of individuals: Those seeking
approval from HHS to sponsor an
unaccompanied alien child and/or other
adult members of the potential
sponsor’s household.
Fifth, DHS is adding one category of
records to include biometrics for
potential sponsors and/or other adult
members of the potential sponsor’s
household. DHS has also modified a
category of records to include
citizenship or immigration status and
criminal and immigration history
information for sponsorship of
unaccompanied alien children.
Sixth, DHS is adding one new routine
use that would allow ICE to share from
this system of records the results of
screening of potential sponsors and
adult members of their households with
HHS to inform HHS’s determination
whether to grant sponsor applications.
DHS is also modifying routine use (E)
and adding routine use (F) to conform
to Office of Management and Budget
(OMB) Memorandum M–17–12
‘‘Preparing for and Responding to a
Breach of Personally Identifiable
Information’’ (Jan. 3, 2017).
Seventh, DHS is revising the records
retention periods so that they align with
the records retention schedule approved
by the National Archives and Records
Administration (NARA).
Finally, DHS is modifying this SORN
since this system will no longer store
information pertaining to the collection,
processing, and response to public tip
information concerning customs and
immigration violations, suspicious
activity, or other law enforcement
matters. ICE will continue to collect
information about individuals reporting
tips, the subjects of such tips, and any
information ICE collects in following up
on a tip in the DHS/ICE–016 FALCON
Search and Analysis System of Records,
82 FR 20905 (May 4, 2017).
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Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Proposed Rules
sradovich on DSK3GMQ082PROD with PROPOSALS
As a result, the following changes are
being made: (1) Two categories of
individuals are being removed from the
system—individuals who report tips
and individuals about whom those
reports are made; (2) two categories of
records are being removed from the
system—those public tip records, which
consist of information contained in tips
received from the public or other
sources regarding customs and
immigration violations, other actual or
potential violations of law, and
suspicious activities; and also records
created pertaining to ICE’s follow-up
activities regarding a tip; (3) one routine
use is being removed from the system
that allows DHS to disclose reports of
suspicious activity, tips, potential
violations of law, and other relevant
information to external law enforcement
agencies; and (4) four purposes for the
collection of information are being
removed from the system. Purpose (4) in
the prior iteration of this SORN has
been removed as it pertains to public tip
records. Purposes (5), (6), and (7) have
been removed since these purposes are
more focused on ICE’s Law Enforcement
Support Center (LESC) rather than the
system as a whole.
A more complete description of the
changes to this SORN can be found in
the publication of this modified SORN
found elsewhere in the Federal
Register. Further, this modified system
of records and rule 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. Additionally, the
Judicial Redress Act (JRA) provides a
statutory right to covered persons to
make requests for access and
amendment to covered records, as
defined by the JRA, along with judicial
review for denials of such requests. In
addition, the JRA prohibits disclosures
of covered records, except as otherwise
permitted by the Privacy Act.
The Privacy Act allows government
agencies to exempt certain records from
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portions of the Act. 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/ICE–007 Criminal History and
Immigration Verification (CHIVe)
System of Records. Some information in
DHS/ICE–007 Criminal History and
Immigration Verification (CHIVe)
System of Records relates to official
DHS national security, law enforcement,
immigration, and intelligence activities.
These exemptions are needed to protect
information relating to DHS activities
from disclosure to subjects or others
related to these activities. Specifically,
the exemptions are required to 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’
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.
In appropriate circumstances, where
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 SORN for DHS/ICE–007 Criminal
History and Immigration Verification
(CHIVe) System of Records is also
published in this issue of the Federal
Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the
preamble, DHS proposes to amend
chapter I of title 6, Code of Federal
Regulations, as follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. Revise the authority citation for Part
5 to read as follows:
■
Authority: 6 U.S.C. 101 et seq.; Pub. L.
107–296, 116 Stat. 2135; 5 U.S.C. 301.
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 28. to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
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28. The DHS/ICE–007 Criminal History
and Immigration Verification (CHIVe) System
of Records covers electronic and paper
records and will be used by DHS and its
components. The DHS/ICE–007 Criminal
History and Immigration Verification (CHIVe)
System of Records covers information held
by DHS/ICE 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/
ICE–007 Criminal History and Immigration
Verification (CHIVe) 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); (f); and (g).
Additionally, the Secretary of Homeland
Security, pursuant to 5 U.S.C. 552a(k)(2), has
exempted this system from the following
provisions of the Privacy Act: 5 U.S.C.
552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); and
(f). Exemptions from these particular
subsections are justified, on a case-by-case
basis to be determined at the time a request
is made, for the following reasons:
(a) From subsection (c)(3) and (4)
(Accounting for Disclosures) because release
of the accounting of disclosures could alert
the subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of that investigation
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process.
(b) From subsection (d) (Access to Records)
because access to the records contained in
this system of records could inform the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of that investigation
and reveal investigative interest on the part
of DHS or another agency. Access to the
records could permit the individual who is
the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension. From subsection (d)
(Amendment to Records) because permitting
amendment of records could interfere with
ongoing investigations and law enforcement
activities and would impose an unreasonable
administrative burden by requiring
investigations to be continually
reinvestigated. In addition, permitting access
and amendment to such information could
disclose security-sensitive information that
could be detrimental to homeland security.
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Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Proposed Rules
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of federal law, the accuracy of
information obtained or introduced
occasionally may be unclear, or the
information may not be strictly relevant or
necessary to a specific investigation. In the
interests of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
(d) From subsection (e)(2) (Collection of
Information from Individuals) because
requiring that information be collected from
the subject of an investigation would alert the
subject to the nature or existence of the
investigation, thereby interfering with that
investigation and related law enforcement
activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information could impede law enforcement
by compromising the existence of a
confidential investigation or reveal the
identity of witnesses or confidential
informants.
(f) From subsections (e)(4)(G), (e)(4)(H),
(e)(4)(I), (Agency Requirements) and (f)
(Agency Rules), because portions of this
system are exempt from the individual access
provisions of subsection (d) for the reasons
noted above, and therefore DHS is not
required to establish requirements, rules, or
procedures with respect to such access.
Providing notice to individuals with respect
to existence of records pertaining to them in
the system of records or otherwise setting up
procedures pursuant to which individuals
may access and view records pertaining to
themselves in the system would undermine
investigative efforts and reveal the identities
of witnesses, and potential witnesses, and
confidential informants.
(g) From subsection (e)(5) (Collection of
Information) because with the collection of
information for law enforcement purposes, it
is impossible to determine in advance what
information is accurate, relevant, timely, and
complete. Compliance with subsection (e)(5)
would preclude DHS agents from using their
investigative training and exercise of good
judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’s ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal and could result in disclosure of
investigative techniques, procedures, and
evidence.
(i) From subsection (g) (Civil Remedies) to
the extent that the system is exempt from
other specific subsections of the Privacy Act.
*
*
*
*
*
Philip S. Kaplan
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2018–09906 Filed 5–7–18; 8:45 am]
BILLING CODE 9111–28–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0327; Product
Identifier 2018–CE–001–AD]
RIN 2120–AA64
Airworthiness Directives; Learjet, Inc.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Learjet, Inc. Models 28, 29, 31, 31A, 35,
35A, 36, 36A, 55, 55B, 55C, and 60
airplanes. This proposed AD was
prompted by fatigue cracks initiating in
the flap support structure due to
repetitive flap loads, which has caused
flap nose roller support bracket failure.
This proposed AD would require
replacement of the flap nose roller
fitting, nose roller support bracket, and
adjacent rib support structure with more
robust components. We are proposing
this AD to address the unsafe condition
on these products.
DATES: We must receive comments on
this proposed AD by June 22, 2018.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Learjet, Inc., One
Learjet Way, Wichita, Kansas 67209;
telephone: 316–946–2000; email: ac.ict@
aero.bombardier.com; internet: https://
www.bombardier.com. You may view
this service information at the FAA,
Policy and Innovation Division, 901
Locust, Kansas City, Missouri 64106.
For information on the availability of
this material at the FAA, call (816) 329–
4148.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
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www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0327; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations
(phone: 800–647–5527) is listed above.
Comments will be available in the AD
docket shortly after receipt.
Tara
Shawn, Aerospace Engineer, Wichita
ACO Branch, 1801 Airport Road, Room
100, Wichita, Kansas 67209; telephone:
(316) 946–4141; fax: (316) 946–4107;
email: tara.shawn@faa.gov or WichitaCOS@faa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2018–0327; Product Identifier 2018–CE–
001–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM
because of those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this NPRM.
Discussion
We received a report of skewed flap
and aileron binding due to fatigue
cracks in the flap support structure
caused by repetitive flap loads on a
Learjet, Inc. Model 31A. As of June
2017, cracks in the flap support
structure were reported (due to Alert
Service Bulletins published in March
2017) on Models 31, 31A, 35A, 55, and
60 airplanes. Repetitive flap loads occur
on all models identified by this
proposed AD. Failure of the flap nose
roller support bracket allows skewed
flap and aileron binding, which can
cause loss of roll control on approach.
This condition, if not addressed, could
result in loss of control.
Although there have been no reports
of cracks on the Models 28, 29, 35, 36,
36A, 55B, and 55C airplanes, these
airplanes do incorporate the same
design flap support structure.
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]]>Agencies
[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Proposed Rules]
[Pages 20738-20740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09906]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Proposed
Rules
[[Page 20738]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2018-0014]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/U.S. Immigration and Customs Enforcement-007 Criminal
History and Immigration Verification (CHIVe) System of Records
AGENCY: Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) is giving
concurrent notice of a modified, renamed, and reissued system of
records pursuant to the Privacy Act of 1974 for the ``Department of
Homeland Security/U.S. Immigration and Customs Enforcement-007 Alien
Criminal Response Information Management System of Records'' and this
proposed rulemaking. In this proposed rulemaking, the Department
proposes to rename the system Criminal History and Immigration
Verification, and 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 June 7, 2018.
ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0014, 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: Philip S. Kaplan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number DHS-2018-0014. 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 please contact:
Amber Smith, (202-732-3300), [email protected], Privacy Officer,
U.S. Immigration and Customs Enforcement, 500 12th Street SW,
Washington, DC 20536. For privacy issues please contact: Philip S.
Kaplan, [email protected], (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, DHS U.S.
Immigration and Customs Enforcement (ICE) proposes to modify, rename,
and reissue a current DHS Privacy Act system of records notice (SORN)
titled, ``DHS/ICE-007 Alien Criminal Response Information Management
(ACRIMe)'' 78 FR 10623 (Feb. 14, 2013). ICE had previously issued a
Final Rule for this SORN on Aug. 31, 2009, published at 74 FR 45079. As
a result of the modifications to this SORN, DHS/ICE is proposing to
issue this new rule.
DHS/ICE update to ACRIMe includes several changes. First, the
system of records is being renamed ``Criminal History and Immigration
Verification (CHIVe)'' to better align with the purpose of the system.
This system of records covers records documenting inquiries received
from federal, state, and local law enforcement agencies so ICE can
check the immigration status and criminal history of individuals who
are arrested or otherwise encountered by those agencies; and other
federal agencies for screening (including as part of background checks
being conducted by those agencies) to inform those agencies'
determinations regarding suitability for employment, access,
sponsorship of an unaccompanied alien child, or other purposes or
otherwise encountered by those agencies.
Second, DHS is adding a purpose of the system, as ICE will now
screen individuals seeking approval from the Department of Health and
Human Services (HHS) to sponsor an unaccompanied alien child, as well
as other adult members of the potential sponsor's household, to verify
or ascertain citizenship or immigration status, immigration history,
and criminal history.
Third, DHS is clarifying that the Department may use information
maintained in this system of records for other purposes consistent with
its statutory authorities.
Fourth, this update adds a new category of individuals: Those
seeking approval from HHS to sponsor an unaccompanied alien child and/
or other adult members of the potential sponsor's household.
Fifth, DHS is adding one category of records to include biometrics
for potential sponsors and/or other adult members of the potential
sponsor's household. DHS has also modified a category of records to
include citizenship or immigration status and criminal and immigration
history information for sponsorship of unaccompanied alien children.
Sixth, DHS is adding one new routine use that would allow ICE to
share from this system of records the results of screening of potential
sponsors and adult members of their households with HHS to inform HHS's
determination whether to grant sponsor applications. DHS is also
modifying routine use (E) and adding routine use (F) to conform to
Office of Management and Budget (OMB) Memorandum M-17-12 ``Preparing
for and Responding to a Breach of Personally Identifiable Information''
(Jan. 3, 2017).
Seventh, DHS is revising the records retention periods so that they
align with the records retention schedule approved by the National
Archives and Records Administration (NARA).
Finally, DHS is modifying this SORN since this system will no
longer store information pertaining to the collection, processing, and
response to public tip information concerning customs and immigration
violations, suspicious activity, or other law enforcement matters. ICE
will continue to collect information about individuals reporting tips,
the subjects of such tips, and any information ICE collects in
following up on a tip in the DHS/ICE-016 FALCON Search and Analysis
System of Records, 82 FR 20905 (May 4, 2017).
[[Page 20739]]
As a result, the following changes are being made: (1) Two
categories of individuals are being removed from the system--
individuals who report tips and individuals about whom those reports
are made; (2) two categories of records are being removed from the
system--those public tip records, which consist of information
contained in tips received from the public or other sources regarding
customs and immigration violations, other actual or potential
violations of law, and suspicious activities; and also records created
pertaining to ICE's follow-up activities regarding a tip; (3) one
routine use is being removed from the system that allows DHS to
disclose reports of suspicious activity, tips, potential violations of
law, and other relevant information to external law enforcement
agencies; and (4) four purposes for the collection of information are
being removed from the system. Purpose (4) in the prior iteration of
this SORN has been removed as it pertains to public tip records.
Purposes (5), (6), and (7) have been removed since these purposes are
more focused on ICE's Law Enforcement Support Center (LESC) rather than
the system as a whole.
A more complete description of the changes to this SORN can be
found in the publication of this modified SORN found elsewhere in the
Federal Register. Further, this modified system of records and rule
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. Additionally,
the Judicial Redress Act (JRA) provides a statutory right to covered
persons to make requests for access and amendment to covered records,
as defined by the JRA, along with judicial review for denials of such
requests. In addition, the JRA prohibits disclosures of covered
records, except as otherwise permitted by the Privacy Act.
The Privacy Act allows government agencies to exempt certain
records from portions of the Act. 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/ICE-007 Criminal History and Immigration Verification
(CHIVe) System of Records. Some information in DHS/ICE-007 Criminal
History and Immigration Verification (CHIVe) System of Records relates
to official DHS national security, law enforcement, immigration, and
intelligence activities. These exemptions are needed to protect
information relating to DHS activities from disclosure to subjects or
others related to these activities. Specifically, the exemptions are
required to 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' 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.
In appropriate circumstances, where 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 SORN for DHS/ICE-007 Criminal History and Immigration
Verification (CHIVe) System of Records is also published in this issue
of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the preamble, DHS proposes to amend
chapter I of title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. Revise the authority citation for Part 5 to read as follows:
Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 5 U.S.C. 301. 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 28. to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
28. The DHS/ICE-007 Criminal History and Immigration
Verification (CHIVe) System of Records covers electronic and paper
records and will be used by DHS and its components. The DHS/ICE-007
Criminal History and Immigration Verification (CHIVe) System of
Records covers information held by DHS/ICE 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/ICE-007 Criminal History and Immigration
Verification (CHIVe) 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); (f); and (g). Additionally, the Secretary
of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2), has exempted
this system from the following provisions of the Privacy Act: 5
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); and (f).
Exemptions from these particular subsections are justified, on a
case-by-case basis to be determined at the time a request is made,
for the following reasons:
(a) From subsection (c)(3) and (4) (Accounting for Disclosures)
because release of the accounting of disclosures could alert the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation to the existence of that
investigation and reveal investigative interest on the part of DHS
as well as the recipient agency. Disclosure of the accounting would
therefore present a serious impediment to law enforcement efforts
and/or efforts to preserve national security. Disclosure of the
accounting would also permit the individual who is the subject of a
record to impede the investigation, to tamper with witnesses or
evidence, and to avoid detection or apprehension, which would
undermine the entire investigative process.
(b) From subsection (d) (Access to Records) because access to
the records contained in this system of records could inform the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation to the existence of that
investigation and reveal investigative interest on the part of DHS
or another agency. Access to the records could permit the individual
who is the subject of a record to impede the investigation, to
tamper with witnesses or evidence, and to avoid detection or
apprehension. From subsection (d) (Amendment to Records) because
permitting amendment of records could interfere with ongoing
investigations and law enforcement activities and would impose an
unreasonable administrative burden by requiring investigations to be
continually reinvestigated. In addition, permitting access and
amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.
[[Page 20740]]
(c) From subsection (e)(1) (Relevancy and Necessity of
Information) because in the course of investigations into potential
violations of federal law, the accuracy of information obtained or
introduced occasionally may be unclear, or the information may not
be strictly relevant or necessary to a specific investigation. In
the interests of effective law enforcement, it is appropriate to
retain all information that may aid in establishing patterns of
unlawful activity.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of the investigation, thereby interfering with
that investigation and related law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information could impede law enforcement by
compromising the existence of a confidential investigation or reveal
the identity of witnesses or confidential informants.
(f) From subsections (e)(4)(G), (e)(4)(H), (e)(4)(I), (Agency
Requirements) and (f) (Agency Rules), because portions of this
system are exempt from the individual access provisions of
subsection (d) for the reasons noted above, and therefore DHS is not
required to establish requirements, rules, or procedures with
respect to such access. Providing notice to individuals with respect
to existence of records pertaining to them in the system of records
or otherwise setting up procedures pursuant to which individuals may
access and view records pertaining to themselves in the system would
undermine investigative efforts and reveal the identities of
witnesses, and potential witnesses, and confidential informants.
(g) From subsection (e)(5) (Collection of Information) because
with the collection of information for law enforcement purposes, it
is impossible to determine in advance what information is accurate,
relevant, timely, and complete. Compliance with subsection (e)(5)
would preclude DHS agents from using their investigative training
and exercise of good judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS's ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal and could result in disclosure of
investigative techniques, procedures, and evidence.
(i) From subsection (g) (Civil Remedies) to the extent that the
system is exempt from other specific subsections of the Privacy Act.
* * * * *
Philip S. Kaplan
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-09906 Filed 5-7-18; 8:45 am]
BILLING CODE 9111-28-P
