[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Proposed Rules]
[Pages 60385-60386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24931]
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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.
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 /
Proposed Rules
[[Page 60385]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2011-0088]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Citizenship and Immigration Services-016
Electronic Immigration System-3 Automated Background Functions System
of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Homeland Security 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-016 Electronic Immigration System-3 Automated
Background Functions 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 October 31, 2011.
ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0088, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. 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.
Instructions: All submissions received must include the agency name
and docket number 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 (202-272-8000), Privacy Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts Avenue, NW., Washington, DC
20529. For privacy issues please contact: Mary Ellen Callahan (703-235-
0780), 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, the
Department of Homeland Security (DHS) U.S. Citizenship and Immigration
Services (USCIS) proposes to establish a new DHS system of records
titled, ``DHS/USCIS-016 Electronic Immigration System-3 Automated
Background Functions System of Records.'' DHS/USCIS is creating a new
electronic environment known as the Electronic Immigration System
(USCIS ELIS). USCIS ELIS allows individuals requesting a USCIS benefit
to register online and submit certain benefit requests through the
online system. This system will improve customer service; increase
efficiency for processing benefits; better identify potential national
security concerns, criminality, and fraud; and create improved access
controls and better auditing capabilities.
DHS and USCIS are promulgating the regulation ``Immigration
Benefits Business Transformation, Increment I'' (August 29, 2011, 76 FR
53764) to make it possible for USCIS to transition to an electronic
environment. This regulation will assist USCIS in the transformation of
its operations by removing references and processes that inhibit the
use of electronic systems or constrain USCIS's ability to respond to
changing workloads, priorities, or statutory requirements.
Applicants and petitioners (Applicants); co-applicants,
beneficiaries, derivatives, dependents, or other persons on whose
behalf a benefit request is made or whose immigration status may be
derived because of a relationship to the Applicant (Co-Applicants); and
their attorneys and representatives accredited by the Board of
Immigration Appeals (Representatives) may create individualized online
accounts. These online accounts help Applicants and their
Representatives file for benefits, track the status of open benefit
requests, schedule appointments, change their addresses and contact
information, and receive notices and notifications regarding their
cases. Through USCIS ELIS, individuals may submit additional
information and/or evidence electronically. Once an individual provides
biographic information in one benefit request, USCIS ELIS uses that
information to pre-populate any future benefit requests filed by the
same individual. This eases the burden on an individual so he or she
does not have to repeatedly type in the same information and decreases
the opportunity for error.
USCIS collects this information primarily for the benefit decision-
making process, to detect duplicate and related accounts, identify
potential national security concerns, criminality, and fraud. In
essence, Electronic Immigration System-3 Automated Background Functions
(USCIS ELIS Automated Background Functions) is used to assist USCIS
personnel in verifying the data submitted by the Applicant or
Representative, to ensure that any duplicate accounts will be merged,
and that background check results, indicating threats to the national
security, public safety criminality, or fraud will be appropriately
considered in adjudicating the benefit request.
DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/USCIS-016 Electronic Immigration System-3 Automated
Background Functions System of Records. Some information in Electronic
Immigration System-3 Automated Background Functions (USCIS ELIS
Automated Background Functions)
[[Page 60386]]
relates to official DHS national security, law enforcement, and
immigration activities. The exemptions are required to preclude
subjects from compromising an ongoing law enforcement, national
security or fraud investigation; to avoid disclosure of investigative
techniques; to protect the identities and physical safety of
confidential informants and law enforcement personnel; and to ensure
DHS's ability to obtain information from third parties and other
sources.
This system is exempted from the following provisions of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). Additionally, many of
the functions in this system require retrieving records from law
enforcement systems. 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 in accordance with this rule.
The exemptions proposed here are standard for agencies where the
information may contain investigatory materials compiled for law
enforcement purposes. These exemptions are exercised by executive
federal agencies. In appropriate circumstances, where compliance would
not appear to interfere with or adversely affect the overall law
enforcement process, the applicable exemptions may be waived on a case-
by-case basis.
A notice of system of records for DHS/USCIS-016 Electronic
Immigration System-3 Automated Background Functions System of Records
is also published in this issue of the Federal Register.
II. Privacy Act
The Privacy Act allows government agencies to exempt certain
records from the access and amendment provisions. 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.
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 continues to read as follows:
Authority: Pub. L. 107-296, 116 Stat. 2135; (6 U.S.C. 101 et
seq.); 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 ``62'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
62. The DHS/USCIS-016 Electronic Immigration System-3 Automated
Background Functions System of Records consists of electronic and
paper records and will be used by DHS and its components. The DHS/
USCIS-016 Electronic Immigration System-3 Automated Background
Functions System of Records is a repository of information held by
USCIS to serve its mission of processing immigration benefits. This
system also supports certain other DHS programs whose functions
include, but are not limited to, the enforcement of civil and
criminal laws; investigations, inquiries, and proceedings
thereunder; and national security and intelligence activities. The
DHS/USCIS-016 Electronic Immigration System-3 Automated Background
Functions 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. This system is exempted from the
following provisions of the Privacy Act pursuant to 5 U.S.C.
552a(k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I); and (f). Additionally, many of the functions in this
system require retrieving records from law enforcement systems.
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 in accordance with this rule. Exemptions from
these particular subsections are justified, on a case-by-case basis
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) 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/or 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 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.
Dated: September 15, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-24931 Filed 9-28-11; 8:45 am]
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