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.

Proposed Rules Federal Register

36792 

Vol. 83, No. 147 

Tuesday, July 31, 2018 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2018–0002] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services–018 Immigration 

Biometric and Background Check 

(IBBC) 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 newly established system of 

records pursuant to the Privacy Act of 

1974 for the ‘‘Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services–018 Immigration 

Biometric and Background Check 

System of Records’’ and this proposed 

rulemaking. In this proposed 

rulemaking, the Department proposes to 

exempt portions of the system of records 

from one or more provisions of the 

Privacy Act because of criminal, civil, 

and administrative enforcement 

requirements. 

DATES: Comments must be received on 

or before August 30, 2018. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2018–0002 by one of the following 

methods: 

• Federal e-Rulemaking Portal: http:// 

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 20528–0655. 

Instructions: All submissions received 

must include the agency name and 

docket number DHS–2018–0002 for this 

notice. 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 general questions please contact: 

Donald K. Hawkins, (202) 272–8030, 

USCIS.PrivacyCompliance@

uscis.dhs.gov, Privacy Officer, U.S. 

Citizenship and Immigration Services, 

20 Massachusetts Avenue NW, 

Washington, DC 20529. 

For privacy questions please contact: 

Philip S. Kaplan, (202) 343–1717, 

Privacy@hq.dhs.gov, Chief Privacy 

Officer, Privacy Office, Department of 

Homeland Security, Washington, DC 

20528–0655. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the DHS U.S. 

Citizenship and Immigration Services 

(USCIS) has relied on two preexisting 

DHS/USCIS Privacy Act system of 

records notices (SORN) for the 

maintenance of USCIS biometric and 

background check records: ‘‘DHS/USCIS 

002 Background Check Service,’’ 72 FR 

31082 (June 5, 2007), and ‘‘DHS/USCIS– 

003 Biometric Storage System,’’ 72 FR 

17172 (April 6, 2007). DHS plans to 

rescind these SORNs. Records covered 

under these preexisting SORNs will 

now be covered by one new system of 

records named ‘‘DHS/USCIS–018 

Immigration Biometric and Background 

Check System of Records’’ (IBBC). This 

SORN consolidates all USCIS records 

maintained on biometric and associated 

biographic information it collects 

pursuant to its mission to process and 

adjudicate immigration benefit requests 

and other immigration request forms 

(e.g., applications and petitions). The 

purpose of this system is to verify 

identity and conduct criminal and 

national security background checks in 

order to establish an individual’s 

eligibility for an immigration benefit or 

other request, and support domestic and 

international data sharing efforts. USCIS 

determines eligibility by capturing 

biometric and associated biographic 

data from benefit requestors, 

beneficiaries, and other categories of 

individuals to facilitate three key 

operational functions: (1) Verify an 

individual’s identity; (2) conduct 

criminal and national security 

background checks; and (3) produce 

benefit cards/documents as a proof of 

benefit. Further, this system permits the 

sharing of information covered by this 

system between the United States and 

foreign partners to prevent terrorism, 

including terrorist travel; prevent 

serious crime and other threats to 

national security and public safety; and 

assist in the administration and 

enforcement of immigration laws. 

A description of this consolidated 

system is further described in DHS/ 

USCIS’s notice of a new Privacy Act 

systems of records published elsewhere 

in this Federal Register. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework under which 

Federal Government agencies collect, 

maintain, use, and disseminate 

individuals’ records. 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 an 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 

the access and amendment subsection 

552a(d) provisions. If an agency claims 

an exemption, however, it must issue a 

Notice of Proposed Rulemaking and 

Final Rule 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/USCIS–018 Immigration 

Biometric and Background Check 

System of Records. Information in DHS/ 

USCIS–018 Immigration Biometric and 

Background Check System of Records 

relates to official DHS national security, 


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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 36793 

law enforcement, immigration, and 

intelligence activities. These 

exemptions are needed to protect 

ongoing investigations and law 

enforcement activities. Specifically, the 

exemptions are required to preclude 

subjects of these activities from 

frustrating these processes; to avoid 

disclosure of activity techniques; to 

protect the identities and physical safety 

of confidential informants and law 

enforcement personnel; to ensure DHS’s 

ability to obtain information from third 

parties and other sources; 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, when 

compliance would not appear to 

interfere with or adversely affect the law 

enforcement purposes of this system 

and the overall law enforcement 

process, the applicable exemptions may 

be waived on a case by case basis. 

List of Subjects in 6 CFR Part 5 

Freedom of information, Privacy. 

For the reasons stated in the 

preamble, DHS proposes to amend 

chapter I of title 6, Code of Federal 

Regulations, as follows: 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

■ 1. The authority citation for part 5 is 

revised to read as follows: 

Authority: 6 U.S.C. 101 et seq.; Pub. L. 

107–296, 116 Stat. 2135; 5 U.S.C. 301. 

Subpart A also issued under 5 U.S.C. 552. 

Subpart B also issued under 5 U.S.C. 552a. 

■ 2. Add at the end of appendix C to 

part 5, the following new paragraph 

‘‘78’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

78. The DHS/USCIS–018 Immigration 

Biometric and Background Check (IBBC) 

System of Records covers electronic and 

paper records and will be used by DHS and 

its components. The DHS/USCIS–018 IBBC 

System of Records covers information held 

by DHS/USCIS 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/USCIS–018 

IBBC 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 Secretary’s delegation 15002 to 

the Director of USCIS to conduct certain law 

enforcement activities when necessary to 

protect the national security and public 

safety, pursuant to 5 U.S.C. 552a(j)(2), has 

exempted this system from the following 

provisions of the Privacy Act: 5 U.S.C. 

552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); 

and (g). Additionally, the Secretary of 

Homeland Security, pursuant to 5 U.S.C. 

552a(k)(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). Where a record 

received from another system has been 

exempted in that source system under 5 

U.S.C. 552a(j)(2), DHS will claim the same 

exemptions for those records that are claimed 

for the original primary systems of records 

from which they originated and claims any 

additional exemptions set forth here. 

Exemptions from these particular 

subsections are justified, on a case-by-case 

basis to be determined at the time a request 

is made, for the following reasons: 

(a) From subsection (c)(3) and (4) 

(Accounting for Disclosures) because release 

of the accounting of disclosures could alert 

the subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS as well as the recipient agency. 

Disclosure of the accounting would therefore 

present a serious impediment to law 

enforcement efforts and/or efforts to preserve 

national security. Disclosure of the 

accounting would also permit the individual 

who is the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension, which would undermine the 

entire investigative process. 

(b) From subsection (d) (Access to Records) 

because access to the records contained in 

this system of records could inform the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS or another agency. Access to the 

records could permit the individual who is 

the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension. 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. 

(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 

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. 2018–16137 Filed 7–30–18; 8:45 am] 

BILLING CODE 9111–97–P 


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