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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

70637 

Vol. 76, No. 220 

Tuesday, November 15, 2011 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0110] 

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: Final rule. 

SUMMARY: The Department of Homeland 

Security is issuing a final rule to amend 

its regulations to exempt portions of an 

updated and reissued system of records 

titled, ‘‘Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services–016 Electronic 

Immigration System-3 Automated 

Background Functions System of 

Records’’ from certain provisions of the 

Privacy Act. Specifically, the 

Department exempts portions of the 

‘‘Department of Homeland Security/U.S. 

Citizenship and Immigration Services– 

016 Electronic Immigration System-3 

Automated Background Functions 

System of Records’’ from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative 

enforcement requirements. 

DATES: Effective Date: This final rule is 

effective November 15, 2011. 

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: 

Background 

The Department of Homeland 

Security (DHS) U.S. Citizenship and 

Immigration Services (USCIS) published 

a notice of proposed rulemaking in the 

Federal Register, 76 FR 60385, 

September 29, 2011, 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/USCIS–016 Electronic 

Immigration System-3 Automated 

Background Functions System of 

Records. The DHS/USCIS–016 

Electronic Immigration System-3 

Automated Background Functions 

system of records notice was published 

concurrently in the Federal Register, 76 

FR 60059, September 28, 2011, and 

comments were invited on both the 

Notice of Proposed Rulemaking (NPRM) 

and System of Records Notice (SORN). 

Public Comments 

DHS received no comments on the 

NPRM or 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 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 

‘‘65’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

65. 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 there under; 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 


jlentini on DSK4TPTVN1PROD with RULES
70638 Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations 

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: November 2, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–29447 Filed 11–14–11; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0109] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services–015 Electronic 

Immigration System-2 Account and 

Case Management 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 an 

updated and reissued system of records 

titled, ‘‘Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services–015 Electronic 

Immigration System-2 Account and 

Case Management System of Records’’ 

from certain provisions of the Privacy 

Act. Specifically, the Department 

exempts portions of the ‘‘Department of 

Homeland Security/U.S. Citizenship 

and Immigration Services–015 

Electronic Immigration System-2 

Account and Case Management System 

of Records’’ from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative 

enforcement requirements. 

DATES: Effective Date: This final rule is 

effective November 15, 2011. 

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: 

Background 

The Department of Homeland 

Security (DHS) U.S. Citizenship and 

Immigration Services (USCIS) published 

a notice of proposed rulemaking in the 

Federal Register, 76 FR 59926, 

September 28, 2011, 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/USCIS–015 Electronic 

Immigration System-2 Account and 

Case Management System of Records. 

The DHS/USCIS–015 Electronic 

Immigration System-2 Account and 

Case Management system of records 

notice was published concurrently in 

the Federal Register, 76 FR 60070, 

September 28, 2011, and comments 

were invited on both the Notice of 

Proposed Rulemaking (NPRM) and 

System of Records Notice (SORN). 

Public Comments 

DHS received two comments on the 

NPRM and no comments on the SORN 

which did not address this system of 

records. After consideration of public 

comments, the Department 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 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 

‘‘64’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

64. The DHS/USCIS–015 Electronic 

Immigration System-2 Account and Case 

Management System of Records consists of 

electronic and paper records and will be used 

by DHS and its components. The DHS/ 

USCIS–015 Electronic Immigration System-2 

Account and Case Management 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 

there under; and national security and 

intelligence activities. The DHS/USCIS–015 

Electronic Immigration System-2 Account 

and Case Management 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 


jlentini on DSK4TPTVN1PROD with RULES