Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-024 CBP Intelligence Records System (CIRS) System of Records, 66557-66559 [2018-27944]

Download as PDF 66557 Rules and Regulations Federal Register Vol. 83, No. 247 Thursday, December 27, 2018 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. DEPARTMENT OF HOMELAND SECURITY 6 CFR Part 5 [Docket No. DHS–2018–0064] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)–024 CBP Intelligence Records System (CIRS) System of Records Department of Homeland Security. 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, ‘‘DHS/CBP–024 CBP Intelligence Records System (CIRS) System of Records’’ from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ‘‘DHS/CBP–024 CBP Intelligence Records System (CIRS) 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 27, 2018. ADDRESSES: You may submit comments, identified by docket number DHS– 2018–0064, at: • Federal eRulemaking Portal: http:// www.regulations.gov. Please follow the instructions for submitting comments. • Mail and hand delivery on commercial delivery: U.S. Customs and Border Protection, Privacy and Diversity Office, ATTN: Privacy Officer—Debra L. Danisek, 1300 Pennsylvania Ave. NW, Washington, DC 20229. Instructions: All submissions received must include the agency name and docket number for this rule. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. khammond on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:19 Dec 26, 2018 Jkt 247001 Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For privacy issues please contact: Chief Privacy Officer, Privacy Office Philip S. Kaplan at 202–343–1717. 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 (82 FR 44124, September 21, 2017) proposing to exempt portions of this 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–024 CBP Intelligence Records System (CIRS) System of Records’’ in the Federal Register at 82 FR 44198, on September 21, 2017, to provide notice to the public that DHS/CBP collects and maintains records generated, received, or collected by the CBP Office of Intelligence, or other offices within CBP that support the law enforcement intelligence mission, that is analyzed and disseminated to CBP executive management and operational units for law enforcement, intelligence, counterterrorism, and other homeland security purposes. CIRS contains data from a variety of sources within and outside of CBP to support law enforcement activities and investigations of violations of U.S. laws, administration of immigration laws and other laws administered or enforced by CBP, and production of CBP law enforcement intelligence products. CIRS is the exclusive CBP SORN for finished intelligence products and any raw intelligence information, public source information, or other information collected by CBP for an intelligence purpose that is not covered by an existing DHS SORN. CIRS records were previously covered by DHS/CBP–006— Automated Targeting System SORN (77 FR 30297, May 22, 2012) and DHS/CBP– 017—Analytical Framework for Intelligence SORN (77 FR 13813, June 7, 2012). DHS/CBP invited comments on both the Notice of Proposed Rulemaking (NPRM) and System of Records Notice (SORN). PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 II. Public Comments DHS received thirty-two comments on the CBP CIRS NPRM and four on the CBP CIRS SORN. Of the thirty-six total comments, thirteen were erroneously filed relating to the republication of the DHS Alien File, Index, and National File Tracking system (A-File). DHS will not respond to comments regarding the publication of the A-File SORN in this Final Rule. Of the remaining substantive comments for CIRS: (1) Seventeen related to transparency; (2) two related to the collection of information not specifically relevant to an investigation; and (3) four were duplicates of two formal briefs submitted for both the SORN and the NPRM. The following is an analysis of the substantive comments and questions submitted by the public. Comment: DHS should not hide what it is collecting by exempting the information from Privacy Act protections. Response: DHS published the CIRS SORN in compliance with the notification requirements of the Privacy Act, subsection 552a(e)(4), and thus, is being transparent of its collection activities. The CIRS SORN describes the information that DHS collects and retains in association with this system of records. DHS does not seek to hide this collection or exempt it from the notification requirements of the Privacy Act; rather, it seeks exemptions to ensure that records critical to law enforcement and intelligence activities need not be shared in the event that such sharing might jeopardize the investigation or otherwise compromise DHS operations. Comment: DHS’s collection of records in CIRS is overly broad because, as stated in the NPRM, DHS may be collecting information that ‘‘may not be strictly relevant or necessary to a specific investigation.’’ Response: In order to conduct a complete investigation, it is necessary for DHS/CBP to collect and review large amounts of data in order to identify and understand relationships between individuals, entities, threats and events, and to monitor patterns of activity over extended periods of time that may be indicative of criminal, terrorist, or other threat. Comment: The SORN contains materially false claims concerning the status of the rulemaking for Privacy Act exemptions that are directly E:\FR\FM\27DER1.SGM 27DER1 66558 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations contradicted by the Notice of Proposed Rulemaking for those exemptions. Response: The Secretary of Homeland Security issued a proper NPRM, pursuant to the Privacy Act, the Federal Register, and Office of Management and Budget (OMB) requirements, received comments from the public as part of the notice and comment procedures of the Administrative Procedure Act, and is issuing this final rule in conformance with those requirements. Comment: Proposed routine uses would circumvent Privacy Act safeguards and contravene legislative intent. Response: DHS’s collection of records in CIRS is intended to permit DHS/CBP to review large amounts of data in order to identify and understand relationships between individuals, entities, threats and events, and to monitor patterns of activity over extended periods of time that may be indicative of criminal, terrorist, or other threat. The SORN is consistent with the legislative intent of the Privacy Act to ensure fair practices, collection, and uses of individuals’ personal information. The routine uses, as written in the CIRS SORN, and disclosures of such records, are compatible with the purpose for which they are originally collected and used by DHS/CBP. After consideration and review of the public comments, DHS has determined that the exemptions should remain in place, and 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: 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. Add paragraph 79 to appendix C to part 5 to read as follows: ■ khammond on DSK30JT082PROD with RULES Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act * * * * * 79. The DHS/CBP–024 CBP Intelligence Records System (CIRS) System of Records consists of electronic and paper records and will be used by DHS and its components. The CIRS is a repository of information held by DHS in connection with its several and varied missions and functions, including, but VerDate Sep<11>2014 16:19 Dec 26, 2018 Jkt 247001 not limited to the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; and national security and intelligence activities. The CIRS 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) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I); (e)(5), and (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 this system receives a record from another system exempted in that source system under 5 U.S.C. 552a(k)(1), (k)(2), or (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. Information on a completed investigation may be withheld and exempt from disclosure if the fact that an investigation occurred remains sensitive after completion. (b) From subsection (d) (Access and Amendment 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 disclose security-sensitive information that could be detrimental to homeland security. (c) From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of Federal law, the accuracy of information obtained or introduced occasionally may be unclear, or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity. (d) From subsection (e)(2) (Collection of Information from Individuals) because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of the investigation, thereby interfering with that investigation and related law enforcement activities. (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the identity of witnesses or confidential informants. (f) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency Requirements) and (f) (Agency Rules) because portions of this system are exempt from the individual access and amendment 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, amend, 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) to the extent that the system is exempt from other specific subsections of the Privacy Act relating to individuals’ rights to access and amend their records contained in the system. Therefore, DHS is not required to establish rules or procedures pursuant to which individuals may seek a civil remedy for the agency’s refusal to amend a record, refusal to comply with a request for access to records, failure to maintain accurate, relevant timely and E:\FR\FM\27DER1.SGM 27DER1 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations complete records, or its failure to otherwise comply with an individual’s right to access or amend records. Philip S. Kaplan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2018–27944 Filed 12–26–18; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Document Number AMS–NOP–14–0079; NOP–14–05] RIN 0581 AD60 National Organic Program; Amendments to the National List of Allowed and Prohibited Substances (Crops, Livestock and Handling) Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: This final rule amends the National List of Allowed and Prohibited Substances (National List) provisions of the U.S. Department of Agriculture’s (USDA’s) organic regulations to implement recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB). This rule changes the use restrictions for seventeen substances allowed for organic production or handling on the National List. This rule also adds sixteen new substances on the National List to be allowed in organic production or handling. In addition, this final rule lists the botanical pesticide, rotenone, as a prohibited substance in organic crop production. This final rule removes ivermectin as an allowed parasiticide for use in organic livestock production and amends our regulations to allow the use of parasiticides in fiber bearing animals. Finally, this rule inserts corrections of instructions and regulation text as listed in the proposed rule. DATES: Effective date: This rule is effective January 28, 2019. Implementation Dates: This rule will be fully implemented January 28, 2019, except that the amendments for the substances ivermectin, flavors, cellulose, and glycerin will be implemented December 27, 2019. FOR FURTHER INFORMATION CONTACT: Robert Pooler, Standards Division, National Organic Program. Telephone: (202) 720–3252. Fax: (202) 205–7808. khammond on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:19 Dec 26, 2018 Jkt 247001 SUPPLEMENTARY INFORMATION: I. Background On December 21, 2000, the Secretary published the National List of Allowed and Prohibited Substances in §§ 205.600 through 205.607 of the USDA organic regulations (7 CFR 205.1–205.690). This National List identifies the synthetic substances that may be used and the nonsynthetic (natural) substances that may not be used in organic production. The National List also identifies synthetic, nonsynthetic nonagricultural, and nonorganic agricultural substances that may be used in organic handling. The Organic Foods Production Act of 1990, as amended (7 U.S.C. 6501–6522) (OFPA), and § 205.105 of the USDA organic regulations specifically prohibit the use of any synthetic substance in organic production and handling unless the synthetic substance is on the National List. Section 205.105 also requires that any nonorganic agricultural and any nonsynthetic nonagricultural substance used in organic handling be on the National List. Under the authority of OFPA, the National List can be amended by the Secretary based on recommendations presented by the NOSB. Since the final rule establishing the National Organic Program (NOP) became effective on October 21, 2002, AMS has published multiple rules amending the National List. This final rule amends the National List to implement NOSB recommendations on 35 amendments to the National List that were submitted to the Secretary on November 17, 2000, September 19, 2002, May 6, 2009, November 5, 2009, October 28, 2010, December 2, 2011, March 20, 2012, October 16, 2012, May 2, 2014, April 30, 2015, October 29, 2015, April 26, 2016, and November 18, 2016. II. Overview of Amendments The following provides an overview of the final rule additions and amendments to designated sections of the National List regulations. Application and timeline information on the amendments were addressed in the proposed rule (83 FR 2498) and have not been included in the final rule. In addition, the basis for the NOSB recommendations was presented in the proposed rule. In summary, the NOSB evaluated each substance by applying the OFPA substance evaluation criteria to determine if the substance is compatible with organic production or handling. AMS reviewed each NOSB recommendation and accepted each recommendation for rulemaking. Subsequently, AMS submitted the PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 66559 NOSB recommendations through rulemaking in the proposed rule and this final rule. After considering the received comments, AMS has determined that the additions and amendments described in the proposed rule will be included, with a few minor changes based on comments, in the final rule. Section E of this final rule provides an overview of the comments received and AMS’s response on all additions and amendments. § 205.601 Synthetic Substances Allowed for Use in Organic Crop Production This final rule amends § 205.601 by adding three new substances, hypochlorous acid, magnesium oxide, and squid byproducts, to this section and amends this section by changing the annotation of micronutrients as listed in § 205.601 to include other agricultural practices that may be used in maintaining soil fertility. Hypochlorous Acid This final rule adds hypochlorous acid to § 205.601 as a chlorine material allowed for use as an algicide, disinfectant, and sanitizer. Paragraph (a)(2)(iii) reads as follows: Hypochlorous acid—generated from electrolyzed water. Upon the effective date of this final rule hypochlorous acid is allowed as an algicide, disinfectant, and sanitizer, including irrigation cleaning systems in organic crop production. AMS has reviewed and agrees with the NOSB recommendation that hypochlorous acid be allowed for use in organic crop production. AMS received comments on the proposed rule for amending hypochlorous acid onto § 205.601. Magnesium Oxide This final rule adds magnesium oxide to the National List in § 205.601(j) for use in controlling the viscosity of a clay suspension agent for humates. Paragraph (j)(5) is added to this section to read as follows: Magnesium oxide (CAS # 1309–48–4)—for use only to control the viscosity of a clay suspension agent for humates. Upon the effective date of this rule, magnesium oxide is allowed in organic crop production as an agent for controlling the viscosity of clay suspension for humates. AMS has reviewed and agrees with the NOSB recommendation that magnesium oxide acid be allowed for use in organic crop production. AMS received comments on the proposed rule for amending magnesium oxide onto § 205.601. E:\FR\FM\27DER1.SGM 27DER1

Agencies

[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66557-66559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27944]



========================================================================
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. 

========================================================================


Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / 
Rules and Regulations

[[Page 66557]]



DEPARTMENT OF HOMELAND SECURITY

6 CFR Part 5

[Docket No. DHS-2018-0064]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-024 
CBP Intelligence Records System (CIRS) System of Records

AGENCY: Department of Homeland Security.

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, ``DHS/CBP-024 CBP Intelligence Records System (CIRS) 
System of Records'' from certain provisions of the Privacy Act. 
Specifically, the Department exempts portions of the ``DHS/CBP-024 CBP 
Intelligence Records System (CIRS) 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 27, 2018.

ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0064, at:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Please follow the instructions for submitting comments.
     Mail and hand delivery on commercial delivery: U.S. 
Customs and Border Protection, Privacy and Diversity Office, ATTN: 
Privacy Officer--Debra L. Danisek, 1300 Pennsylvania Ave. NW, 
Washington, DC 20229.
    Instructions: All submissions received must include the agency name 
and docket number for this rule. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For privacy issues please contact: 
Chief Privacy Officer, Privacy Office Philip S. Kaplan at 202-343-1717.

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 (82 FR 44124, September 21, 2017) proposing to exempt 
portions of this 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-024 CBP Intelligence Records 
System (CIRS) System of Records'' in the Federal Register at 82 FR 
44198, on September 21, 2017, to provide notice to the public that DHS/
CBP collects and maintains records generated, received, or collected by 
the CBP Office of Intelligence, or other offices within CBP that 
support the law enforcement intelligence mission, that is analyzed and 
disseminated to CBP executive management and operational units for law 
enforcement, intelligence, counterterrorism, and other homeland 
security purposes. CIRS contains data from a variety of sources within 
and outside of CBP to support law enforcement activities and 
investigations of violations of U.S. laws, administration of 
immigration laws and other laws administered or enforced by CBP, and 
production of CBP law enforcement intelligence products. CIRS is the 
exclusive CBP SORN for finished intelligence products and any raw 
intelligence information, public source information, or other 
information collected by CBP for an intelligence purpose that is not 
covered by an existing DHS SORN. CIRS records were previously covered 
by DHS/CBP-006--Automated Targeting System SORN (77 FR 30297, May 22, 
2012) and DHS/CBP-017--Analytical Framework for Intelligence SORN (77 
FR 13813, June 7, 2012).
    DHS/CBP invited comments on both the Notice of Proposed Rulemaking 
(NPRM) and System of Records Notice (SORN).

II. Public Comments

    DHS received thirty-two comments on the CBP CIRS NPRM and four on 
the CBP CIRS SORN. Of the thirty-six total comments, thirteen were 
erroneously filed relating to the republication of the DHS Alien File, 
Index, and National File Tracking system (A-File). DHS will not respond 
to comments regarding the publication of the A-File SORN in this Final 
Rule. Of the remaining substantive comments for CIRS: (1) Seventeen 
related to transparency; (2) two related to the collection of 
information not specifically relevant to an investigation; and (3) four 
were duplicates of two formal briefs submitted for both the SORN and 
the NPRM. The following is an analysis of the substantive comments and 
questions submitted by the public.
    Comment: DHS should not hide what it is collecting by exempting the 
information from Privacy Act protections.
    Response: DHS published the CIRS SORN in compliance with the 
notification requirements of the Privacy Act, subsection 552a(e)(4), 
and thus, is being transparent of its collection activities. The CIRS 
SORN describes the information that DHS collects and retains in 
association with this system of records. DHS does not seek to hide this 
collection or exempt it from the notification requirements of the 
Privacy Act; rather, it seeks exemptions to ensure that records 
critical to law enforcement and intelligence activities need not be 
shared in the event that such sharing might jeopardize the 
investigation or otherwise compromise DHS operations.
    Comment: DHS's collection of records in CIRS is overly broad 
because, as stated in the NPRM, DHS may be collecting information that 
``may not be strictly relevant or necessary to a specific 
investigation.''
    Response: In order to conduct a complete investigation, it is 
necessary for DHS/CBP to collect and review large amounts of data in 
order to identify and understand relationships between individuals, 
entities, threats and events, and to monitor patterns of activity over 
extended periods of time that may be indicative of criminal, terrorist, 
or other threat.
    Comment: The SORN contains materially false claims concerning the 
status of the rulemaking for Privacy Act exemptions that are directly

[[Page 66558]]

contradicted by the Notice of Proposed Rulemaking for those exemptions.
    Response: The Secretary of Homeland Security issued a proper NPRM, 
pursuant to the Privacy Act, the Federal Register, and Office of 
Management and Budget (OMB) requirements, received comments from the 
public as part of the notice and comment procedures of the 
Administrative Procedure Act, and is issuing this final rule in 
conformance with those requirements.
    Comment: Proposed routine uses would circumvent Privacy Act 
safeguards and contravene legislative intent.
    Response: DHS's collection of records in CIRS is intended to permit 
DHS/CBP to review large amounts of data in order to identify and 
understand relationships between individuals, entities, threats and 
events, and to monitor patterns of activity over extended periods of 
time that may be indicative of criminal, terrorist, or other threat. 
The SORN is consistent with the legislative intent of the Privacy Act 
to ensure fair practices, collection, and uses of individuals' personal 
information. The routine uses, as written in the CIRS SORN, and 
disclosures of such records, are compatible with the purpose for which 
they are originally collected and used by DHS/CBP.
    After consideration and review of the public comments, DHS has 
determined that the exemptions should remain in place, and 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:  6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat. 
2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.


0
2. Add paragraph 79 to appendix C to part 5 to read as follows:

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

* * * * *
    79. The DHS/CBP-024 CBP Intelligence Records System (CIRS) 
System of Records consists of electronic and paper records and will 
be used by DHS and its components. The CIRS is a repository of 
information held by DHS in connection with its several and varied 
missions and functions, including, but not limited to the 
enforcement of civil and criminal laws; investigations, inquiries, 
and proceedings there under; and national security and intelligence 
activities. The CIRS 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) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(4)(I); (e)(5), and (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 this system 
receives a record from another system exempted in that source system 
under 5 U.S.C. 552a(k)(1), (k)(2), or (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. Information on a 
completed investigation may be withheld and exempt from disclosure 
if the fact that an investigation occurred remains sensitive after 
completion.
    (b) From subsection (d) (Access and Amendment to Records) 
because access to the records contained in this system of records 
could inform the subject of an investigation of an actual or 
potential criminal, civil, or regulatory violation to the existence 
of that investigation and reveal investigative interest on the part 
of DHS or another agency. Access to the records could permit the 
individual who is the subject of a record to impede the 
investigation, to tamper with witnesses or evidence, and to avoid 
detection or apprehension. Amendment of the records could interfere 
with ongoing investigations and law enforcement activities and would 
impose an unreasonable administrative burden by requiring 
investigations to be continually reinvestigated. In addition, 
permitting access and amendment to such information could disclose 
security-sensitive information that could be detrimental to homeland 
security.
    (c) From subsection (e)(1) (Relevancy and Necessity of 
Information) because in the course of investigations into potential 
violations of Federal law, the accuracy of information obtained or 
introduced occasionally may be unclear, or the information may not 
be strictly relevant or necessary to a specific investigation. In 
the interests of effective law enforcement, it is appropriate to 
retain all information that may aid in establishing patterns of 
unlawful activity.
    (d) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from 
the subject of an investigation would alert the subject to the 
nature or existence of the investigation, thereby interfering with 
that investigation and related law enforcement activities.
    (e) From subsection (e)(3) (Notice to 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 and amendment 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, amend, 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) to the extent that the system is exempt 
from other specific subsections of the Privacy Act relating to 
individuals' rights to access and amend their records contained in 
the system. Therefore, DHS is not required to establish rules or 
procedures pursuant to which individuals may seek a civil remedy for 
the agency's refusal to amend a record, refusal to comply with a 
request for access to records, failure to maintain accurate, 
relevant timely and

[[Page 66559]]

complete records, or its failure to otherwise comply with an 
individual's right to access or amend records.

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-27944 Filed 12-26-18; 8:45 am]
 BILLING CODE 9111-14-P