[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Rules and Regulations]
[Pages 6403-6404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02004]



 ========================================================================
 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. 87, No. 24 / Friday, February 4, 2022 / Rules 
and Regulations  

[[Page 6403]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. USCBP-2021-0050]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security U.S. Customs and Border Protection-014 Regulatory 
Audit Archive System (RAAS) System of Records

AGENCY: U.S. Customs and Border Protection, U.S. Department of Homeland 
Security.

ACTION: Final rule.

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

SUMMARY: The U.S. Department of Homeland Security (DHS) is issuing a 
final rule to extend the exemptions from certain provisions of the 
Privacy Act to the updated and reissued system of records titled, 
``DHS/U.S. Customs and Border Protection-014 Regulatory Audit Archive 
System (RAAS) System of Records.'' Specifically, the Department exempts 
portions of this 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 February 4, 2022.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Debra Danisek, [email protected], (202) 344-1610, CBP Privacy 
Officer, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue 
NW, Washington, DC 20229. For privacy issues please contact: Lynn 
Parker Dupree, [email protected], (202-343-1717), Chief Privacy 
Officer, Privacy Office, U.S. Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The U.S. Department of Homeland Security (DHS) U.S. Customs and 
Border Protection (CBP) published a notice of proposed rulemaking in 
the Federal Register, 81 FR 19932, April 6, 2016, proposing to exempt 
portions of the system of records from one or more provisions of the 
Privacy Act because of criminal, civil, and administrative enforcement 
requirements. DHS reissued the ``DHS/CBP-014 Regulatory Audit Archive 
System (RAAS) System of Records'' in the Federal Register at 81 FR 
19985, April 6, 2016, to provide notice to the public that DHS/CBP was 
updating the categories of records to include the capture of Employer 
Identification Numbers (EIN) or Social Security numbers (SSN), also 
known as a Federal Taxpayer Identifying Number, pursuant to 19 CFR 
24.5, 19 CFR 149.3, and Executive Order 9397, as amended by Executive 
Order 13748.
    DHS is revising the previously claimed exemptions from certain 
requirements of the Privacy Act for DHS/CBP-014 Regulatory Audit 
Archive System (RAAS) System of Records. DHS/CBP is not requesting an 
exemption with respect to information maintained in the system as it 
relates to data submitted by or on behalf of a subject of an audit. The 
Privacy Act requires DHS to maintain an accounting of the disclosures 
made pursuant to all routines uses. Disclosing the fact that a law 
enforcement or intelligence agency has sought particular records may 
affect ongoing law enforcement activity. Therefore, pursuant to 5 
U.S.C. 552a(k)(2), DHS will claim exemption from section (c)(3) of the 
Privacy Act of 1974, as amended, as is necessary and appropriate to 
protect this information.
    Some information in DHS/CBP-014 Regulatory Audit Archive System 
(RAAS) System of Records relates to official DHS law enforcement 
activities. These exemptions are needed to protect information relating 
to DHS law enforcement 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's 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.
    The exemption proposed here is a standard law enforcement exemption 
exercised by a large number of federal law enforcement agencies. 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.
    DHS/CBP invited comments on both the Notice of Proposed Rulemaking 
(NPRM) and System of Records Notice (SORN).

II. Public Comments

    DHS received no comments on the NPRM or the SORN 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. In appendix C to part 5, revise section 25 to read as follows:

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

* * * * *
    25. The U.S. Department of Homeland Security (DHS)/U.S. Customs and 
Border Protection (CBP)-014 Regulatory Audit Archive System (RAAS) 
System of Records consists of electronic and paper records and will be 
used by DHS and its Components. The DHS/CBP-014 RAAS 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, and investigations, 
inquiries, and proceedings there under.

[[Page 6404]]

The DHS/CBP-014 RAAS 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(k)(2), has exempted this system from the 
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3). 
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) (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) [Reserved]
* * * * *

Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2022-02004 Filed 2-3-22; 8:45 am]
BILLING CODE 9111-14-P