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[Federal Register: September 8, 2010 (Volume 75, Number 173)]
[Proposed Rules]               
[Page 54528-54530]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se10-18]                         

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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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[[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]
BILLING CODE 9111-97-P
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