[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Proposed Rules]
[Pages 54528-54530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22307]
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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. 75, No. 173 / Wednesday, September 8, 2010 /
Proposed Rules
[[Page 54528]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2010-0068]
Privacy Act of 1974: Implementation of Exemptions United States
Citizenship and Immigration Services-012 Citizenship and Immigration
Data Repository System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
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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 United States Citizenship and Immigration Services-
012 Citizenship and Immigration Data Repository System of Records
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 8, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0068, 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: Donald K. Hawkins (202-272-8000), Privacy Officer,
U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue,
NW., Washington, DC 20529; or 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 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, Chief
Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background: USCIS collects personally identifiable information
(PII) directly from and about immigrants and nonimmigrants through
applications and petitions for the purposes of adjudicating and
bestowing immigration benefits. USCIS maintains a number of systems to
facilitate these purposes including: the Computer Linked Application
Information Management System (CLAIMS 3), CLAIMS 4, the Refugees,
Asylum, and Parole System (RAPS), Asylum Pre-screen System (APSS), Re-
engineered Naturalization Application Casework System (RNACS), Central
Index System (CIS) and the Fraud Detection and National Security Data
System (FDNS-DS). As part of the adjudication process, USCIS personnel
engage in a number of steps to ensure that an individual is eligible
for a requested benefit. One of these steps is the performance of
background checks to make certain that an individual is not attempting
to obtain the requested benefit by fraudulent means, has not committed
a Crime Involving Moral Turpitude and/or does not pose a public safety
threat or a threat to national security.
USCIS developed CIDR, hosted on DHS classified networks, in order
to make information from these USCIS systems available to authorized
USCIS personnel for the purposes of: (1) Vetting USCIS application
information for indications of possible immigration fraud and national
security concerns; (2) detecting possible fraud and misuse of
immigration information or position by USCIS employees, for personal
gain or by coercion; and (3) responding to requests for information
(RFI) from the DHS Office of Intelligence and Analysis (I&A) and/or
federal intelligence and law enforcement community members that are
based on classified criteria. CIDR enables authorized USCIS users to
more efficiently search multiple USCIS systems from a single entry
point, the results of which will be retained in CIDR. CIDR's position
on DHS classified networks allows USCIS to securely conduct searches
based on classified parameters and searches based on possible fraud and
national security concerns.
There are occasions when USICS receives RFIs from members of the
Intelligence Community (IC) and Law Enforcement (LE) that are
classified. In order to assist with classified investigatory leads and
respond to I&A requests, USCIS must conduct searches whose parameters
are classified on unclassified data sets. To facilitate a more
efficient and secure environment in which to conduct these queries and
to store the results, DHS determined that creating mirror copies of its
unclassified data sets on the classified side would be the most
appropriate solution. CIDR provides the capability to properly conduct
and protect classified searches and maintain detailed audit trails of
search activities and results. Copying unclassified data from the
unclassified systems to a classified site does not render this
information classified, only the search parameters and results. CIDR
will enable USCIS personnel to perform searches of its non classified
data sets in a classified environment, ensuring that the integrity of
the classified RFI process is maintained. Based on the results of the
searches performed in CIDR, USCIS will produce a response to the RFI,
which will include the content of the RFI, information from CIDR that
is responsive to the RFI, and any necessary explanations to provide
proper context and interpretations of the information provided. These
responses will contain PII when de-identified or statistical data
cannot satisfy the RFI. These responses will be produced by USCIS
personnel as separate electronic documents and sent to I&A in the same
manner that the RFI was received; usually via e-mail over the
classified e-mail network.
USCIS is proposing to exempt classified information in CIDR from
disclosure to a requestor to preserve the
[[Page 54529]]
integrity of ongoing counterterrorism, intelligence, or other homeland
security activities, pursuant to the Privacy Act. 5 U.S.C. 552a(k)(1)
and (2).
Consistent with DHS's information sharing mission, information
stored in CIDR may be shared with other DHS components, as well as
appropriate Federal, State, local, tribal, foreign, or international
governmental agencies. This sharing will only take place after DHS
determines that the receiving component or agency has a need to know
the information to carry out national security, law enforcement,
immigration, intelligence, or other functions consistent with the
routine uses set forth in this system of records notice.
In accordance with the Privacy Act of 1974 the Department of
Homeland Security proposes to establish a new Department of Homeland
Security (DHS) system of records notice titled DHS U.S. Citizenship and
Immigration Services--012 Citizenship and Immigration Data Repository
(CIDR).
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates personally identifiable
information. 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 the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Individuals may request their own records that are maintained in a
system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses that are
contained in each system in order to make agency recordkeeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals in finding such files within the agency.
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.
DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/USCIS--012 CIDR. Some information in DHS/USCIS--012 CIDR
relates to official DHS national security, law enforcement,
immigration, and intelligence activities. 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 law enforcement, immigration, and intelligence processes;
to avoid disclosure of means and methods; to protect the identities and
physical safety of confidential informants and law enforcement
personnel; to ensure DHS' 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 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 law
enforcement process, the applicable exemptions may be waived on a case
by case basis.
A notice of system of records for DHS/USCIS--012 CIDR is also
published in this issue of the Federal Register.
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: 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 ``52'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
52. United States Citizenship and Immigration Services--012
Citizenship and Immigration Data Repository system of records
consists of electronic and paper records and will be used by USCIS.
United States Citizenship and Immigration Services--012 Citizenship
and Immigration Data Repository 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
thereunder; national security and intelligence activities. United
States Citizenship and Immigration Services--012 Citizenship and
Immigration Data Repository 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. Pursuant to 5 U.S.C. 552a(k)(1)
and (2), 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
could 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
[[Page 54530]]
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 1, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-22307 Filed 9-7-10; 8:45 am]
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