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.

Proposed Rules Federal Register

59926 

Vol. 76, No. 188 

Wednesday, September 28, 2011 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0086] 

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: Notice of proposed rulemaking. 

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–015 Electronic Immigration 

System-2 Account and Case 

Management 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 28, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2011–0086, 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–015 Electronic Immigration 

System-2 Account and Case 

Management 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. 

DHS is claiming exemptions from 

certain requirements of the Privacy Act 

for DHS/USCIS–015 Electronic 

Immigration System-2 Account and 

Case Management System of Records. 

Some information in Electronic 

Immigration System-2 Account and 

Case Management (USCIS ELIS Account 

and Case Management) 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 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Proposed Rules 59927 

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–015 Electronic Immigration 

System-2 Account and Case 

Management 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 

‘‘61’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

61. The DHS/USCIS–016 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–016 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–016 

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 

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. 2011–24857 Filed 9–27–11; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 216 and 245 

[CIS No. 2484–09; DHS Docket No. DHS– 

2009–0029] 

RIN 1615–AA90 

Treatment of Aliens Whose 

Employment Creation Immigrant (EB– 

5) Petitions Were Approved After 

January 1, 1995 and Before August 31, 

1998 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Proposed rule. 

SUMMARY: The Department of Homeland 

Security (DHS) is proposing to amend 

its regulations governing the 

employment creation (EB–5) immigrant 

classification. This rule only proposes 

requirements and procedures for special 

determinations on the applications and 

petitions of qualifying aliens whose 

employment-creation immigrant 

petitions were approved by the former 

Immigration and Naturalization Service 

(INS) after January 1, 1995 and before 

August 31, 1998. This rule would 

implement provisions of the 21st 

Century Department of Justice 

Appropriations Authorization Act. 


srobinson on DSK4SPTVN1PROD with PROPOSALS