[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Proposed Rules]
[Pages 23957-23958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11966]
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Proposed Rules
Federal Register
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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. 74, No. 98 / Friday, May 22, 2009 / Proposed
Rules
[[Page 23957]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0013]
Privacy Act of 1974: Implementation of Exemptions; U.S.
Citizenship and Immigration Services 009 Compliance Tracking and
Management System (CTMS)
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Homeland Security (DHS) is amending its
regulations to exempt portions of a system of records from certain
provisions of the Privacy Act of 1974. Specifically, DHS proposes to
exempt portions of the Compliance Tracking and Management System (CTMS)
from one or more provisions of the Privacy Act because of criminal,
civil and administrative enforcement requirements. CTMS is a system of
records that DHS will use to support the Verification Division of U.S.
Citizenship and Immigration Services (USCIS). CTMS collects and uses
information necessary for DHS to support monitoring and compliance
activities for researching and managing misuse, abuse, discrimination,
breach of privacy, and fraudulent use of information obtained through
two USCIS Verification Division programs: Systematic Alien Verification
for Entitlements (SAVE); and E-Verify.
DATES: Comments must be received on or before June 22, 2009.
ADDRESSES: You may submit comments, identified by docket number [DHS-
2009-0013] 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.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Claire Stapleton (202-358-7777), Verification Division Privacy Branch
Chief, or Donald K. Hawkins (202-272-1400), Citizenship and Immigration
Services Privacy Officer, 20 Massachusetts Avenue, NW., Washington, DC
20529. U.S. Citizenship and Immigration Services, Department of
Homeland Security, Washington, DC 20529. For privacy issues please
contact: Mary Ellen Callahan (703-235-0780), Chief Privacy Officer,
Privacy Office, U.S. Department of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
Background: The Department of Homeland Security (DHS), elsewhere in
this edition of the Federal Register, published a Privacy Act system of
records notice describing records in the Compliance Tracking and
Management System (CTMS). This system of records is owned and operated
by U.S. Citizenship and Immigration Services (USCIS). CTMS collects and
uses information necessary to support monitoring and compliance for
researching and managing misuse, abuse, discrimination, breach of
privacy, and fraudulent use of USCIS Verification Division's
verification programs: (1) Systematic Alien Verification for
Entitlements (SAVE); and (2) E-Verify. SAVE and E-Verify are both
congressionally mandated programs for the verification of information
about an individual based on documents presented to either a government
agency or employer. E-Verify, formerly known as the Basic Pilot
Program, was established under the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, Public Law 104-208 section 401, 8
U.S.C. 1324a note. SAVE was established under the Immigration and
Control Act of 1986, Public Law 100-360 section 121(c).The specifics of
the SAVE and E-Verify Program can be found on the DHS Web site and in
the Verification Information System (VIS) System of Records Notice
(SORN) and Privacy Impact Assessments (PIA). Congress further required
that DHS provide reasonable safeguards to prevent these programs from
misuse, abuse, discrimination, breach of privacy, and fraudulent use.
The Verification Division of USCIS has established a Monitoring and
Compliance Branch to monitor and research potential cases of misuse,
abuse, discrimination, breach of privacy, and fraudulent use. CTMS is
the system that supports this effort. DHS proposes to exempt portions
of the Compliance Tracking and Management System (CTMS) from one or
more provisions of the Privacy Act because of criminal, civil and
administrative enforcement requirements. 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 (NPRM) to make clear to the
public the reasons why a particular exemption is claimed.
In this NPRM, DHS now is proposing to exempt CTMS, in part, from
certain provisions of the Privacy Act. Some information in CTMS is
shared with and contributes to law enforcement activities of DHS
components and other Federal agencies. These exemptions are needed to
protect information relating to DHS activities from disclosure to
subjects or others related to these activities. Specifically, the
exemptions are required to preclude subjects of these activities from
frustrating USCIS monitoring and compliance processes and to avoid
disclosure of research techniques, as these processes and techniques
may inform law enforcement investigations. Disclosure of information to
the subject of the inquiry could also permit the subject to avoid
detection or apprehension.
The exemptions proposed here are standard law enforcement and
national security exemptions exercised by a large number of Federal law
enforcement and intelligence 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
[[Page 23958]]
law enforcement process, the applicable exemptions may be waived.
List of Subjects in 6 CFR Part 5
Privacy, Freedom of information.
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, Exemption of Record
Systems under the Privacy Act, the following new paragraph 14:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
14. The Department of Homeland Security Compliance Tracking and
Management System (CTMS) consists of electronic and paper files that
will be used by DHS and its components. This system of records will
be used to perform a range of information management and analytic
functions involving minimizing misuse, abuse, discrimination, breach
of privacy, and fraudulent use of SAVE and E-Verify. Pursuant to 5
U.S.C. 552a(k)(2) of the Privacy Act, this system is exempt from the
following provisions of the Privacy Act, subject to the limitations
set forth in those subsections: 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). 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 the 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 the
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
impossible administrative burden by requiring investigations to be
continuously 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
interest 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), (H), and (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: May 15, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-11966 Filed 5-21-09; 8:45 am]
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