[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Rules and Regulations]
[Pages 15981-15982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06327]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Rules 
and Regulations  

[[Page 15981]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2016-0075]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/United States Coast Guard-031 USCG Law Enforcement 
(ULE) System of Records

AGENCY: Privacy Office, DHS.

ACTION: Final rule.

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

SUMMARY: The Department of Homeland Security is issuing a final rule to 
amend its regulations to exempt portions of a newly established system 
of records titled, ``Department of Homeland Security/United States 
Coast Guard-031 USCG Law Enforcement (ULE) System of Records'' from 
certain provisions of the Privacy Act. Specifically, the Department 
exempts portions of the ``Department of Homeland Security/United States 
Coast Guard-031 USCG Law Enforcement (ULE) 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 March 31, 2017.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG-
61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. 
For privacy issues please contact: Jonathan R. Cantor, (202-343-1717), 
Acting Chief Privacy Officer, Privacy Office, Department of Homeland 
Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

Background

    The Department of Homeland Security (DHS) United States Coast Guard 
(USCG) published a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register, 81 FR 88635, December 8, 2016, proposing to exempt portions 
of the system of records from one or more provisions of the Privacy Act 
because of criminal, civil, and administrative enforcement 
requirements. The system of records is the DHS/USCG-031 USCG Law 
Enforcement (ULE) System of Records. The DHS/USCG-031 USCG Law 
Enforcement (ULE) System of Records notice was published concurrently 
in the Federal Register, 81 FR 88697, December 8, 2016, and comments 
were invited on both the NPRM and System of Records Notice (SORN).

Public Comments

    DHS received no comments on the NPRM and no comments on the SORN.

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. 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. Add at the end of appendix C to part 5, paragraph 77 to read as 
follows:

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

* * * * *
    77. The DHS/USCG-031 USCG Law Enforcement (ULE) System of Records 
consists of electronic and paper records and will be used by DHS and 
its components. The DHS/USCG-031 USCG Law Enforcement (ULE) System of 
Records 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 DHS/USCG-031 USCG Law Enforcement (ULE) 
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)(3-4); (d); (e)(1-3), (e)(5), (e)(8); 
and (g). Additionally, the Secretary of Homeland Security, pursuant to 
5 U.S.C. 552a(k)(2) has exempted this system from the following 
provisions of the Privacy Act: 5 U.S.C. 552a (c)(3); (d); (e)(1), 
(e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). When a record received from 
another system has been exempted in that source system under 5 U.S.C. 
552a(j)(2), DHS will claim the same exemptions for those records that 
are claimed for the original primary systems of records from which they 
originated and claims any additional exemptions set forth here.
    Exemptions from these particular subsections are justified, on a 
case-by-case basis to be determined at the time a request is made, for 
the following reasons:
    (a) From subsection (c)(3) and (4) (Accounting for Disclosures) 
because release of the accounting of disclosures could alert the 
subject of an investigation of an actual or potential criminal, civil, 
or regulatory violation to the existence of that investigation and 
reveal investigative interest on the part of DHS as well as the 
recipient agency. Disclosure of the accounting would therefore present 
a serious impediment to law enforcement efforts and/or efforts to 
preserve national security. Disclosure of the accounting would also 
permit the individual who is the subject of a record to impede the 
investigation, to tamper with witnesses or evidence, and to avoid 
detection or apprehension, which would undermine the entire 
investigative process.
    (b) From subsection (d) (Access to Records) because access to the 
records contained in this system of records could inform the subject of 
an investigation of an actual or potential criminal, civil, or 
regulatory violation to the existence of that investigation and reveal 
investigative interest on the part of DHS or another agency. Access to 
the records could permit the individual

[[Page 15982]]

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 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.
    (g) 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.
    (h) From subsection (g) (Civil Remedies) to the extent that the 
system is exempt from other specific subsections of the Privacy Act.

    Dated: March 24, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2017-06327 Filed 3-30-17; 8:45 am]
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