United States Visitor and Immigrant Status Indicator Technology Program (“US-VISIT”); Enrollment of Additional Aliens in US-VISIT, 42605-42611 [E6-11993]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Proposed Rules
Signed in Washington, DC, on July 21,
2006.
Glen L. Keppy,
Acting Administrator, Farm Service Agency.
[FR Doc. E6–11979 Filed 7–26–06; 8:45 am]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 762
BILLING CODE 3410–05–P
RIN 0560–AH41
Guaranteed Loan Fees
AGENCY:
Farm Service Agency, USDA.
Proposed rule; correction and
extension of comment period.
ACTION:
SUMMARY: This document corrects the
telephone number for the facsimile
machine (‘‘fax’’) for submission of
public comments on the proposed rule
entitled Guaranteed Loan Fees
published May 15, 2006 (71 FR 27978–
27980) and extends the comment
period. The original comment period for
the proposed rule closed on July 14,
2006, and FSA is extending it until
August 4, 2006. Respondents who sent
comments to the earlier fax number are
encouraged to contact the person named
below to find out if their comments
were received and re-submit them to fax
number below if necessary.
FOR FURTHER INFORMATION CONTACT:
Galen VanVleet at (202) 720–3889. All
comments and supporting documents
on this rule may be viewed by
contacting the information contact. All
comments received, including names
and addresses, will become a matter of
public record.
wwhite on PROD1PC61 with PROPOSALS
SUPPLEMENTARY INFORMATION:
(1) This document corrects the
proposed rule entitled Guaranteed Loan
Fees published May 15, 2006 (71 FR
27978–27980). Due to a drafting error
the telephone number for the fax
machine for submission of comments
was incorrect. Although the machine of
the person sending the comment would
have indicated that the transmission
failed, and a correct number could have
been obtained by calling the agency
contact, FSA has decided to correct the
proposed rule and extend the comment
period to ensure that all parties who
wish to comment on the proposed rule
are provided the maximum opportunity
to do so. Accordingly, in the proposed
rule, in the first column, in the
ADDRESSES section, the fax number
shown, ‘‘202–690–6797’’ is corrected to
read ‘‘202–720–6797.’’
(2) As a result of the correction, this
document also extends the comment
period until August 4, 2006, in order to
ensure that the public can submit timely
comments.
VerDate Aug<31>2005
16:36 Jul 26, 2006
Jkt 208001
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
8 CFR Parts 215 and 235
[DHS 2005–0037]
RIN 1601–AA35
42605
without change to https://
www.regulations.gov, including any
personal information provided.
• Written comments may be
submitted to Michael Hardin or Craig
Howie, Senior Policy Advisors, US–
VISIT, Department of Homeland
Security; 1616 North Fort Myer Drive,
18th Floor, Arlington, VA 22209.
FOR FURTHER INFORMATION CONTACT:
Michael Hardin or Craig Howie, Senior
Policy Advisors, US–VISIT, Department
of Homeland Security, 1616 Fort Myer
Drive, 18th Floor, Arlington, Virginia
22209, (202) 298–5200.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
United States Visitor and Immigrant
Status Indicator Technology Program
(‘‘US–VISIT’’); Enrollment of Additional
Aliens in US–VISIT
Office of the Secretary, DHS.
Proposed rule with request for
comments.
AGENCY:
ACTION:
SUMMARY: The Department of Homeland
Security established the United States
Visitor and Immigrant Status
Technology (US–VISIT) program in
2003 to verify the identities and travel
documents of aliens. US–VISIT
automates this verification by
comparing biometric identifiers, and by
comparing biometric identifiers with
information drawn from intelligence
and law enforcement watchlists and
databases. Aliens subject to US–VISIT
may be required to provide fingerscans,
photographs, or other biometric
identifiers upon arrival at, or departure
from, the United States. Currently,
aliens entering the United States
pursuant to a nonimmigrant visa, or
those traveling without a visa as part of
the Visa Waiver Program, are subject to
US–VISIT requirements, with certain
limited exceptions. Under this proposed
rule, the Department of Homeland
Security will be extending US–VISIT
requirements to all aliens with the
exception of aliens who are specifically
exempted and Canadian citizens
applying for admission as B1/B2 visitors
for business or pleasure.
DATE: Written comments must be
submitted on or before August 28, 2006.
ADDRESSES: You may submit comments
identified by Docket Number DHS–
2005–0037 by one of the following
methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting the
comments. All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
The Department of Homeland
Security (DHS) established the United
States Visitor and Immigrant Status
Indicator Technology Program (US–
VISIT) in accordance with several
statutory mandates that collectively
require DHS to create an integrated,
automated biometric entry and exit
system that records the arrival and
departure of aliens; verifies the
identities of aliens; and authenticates
travel documents presented by such
aliens through the comparison of
biometric identifiers. Aliens subject to
US–VISIT may be required to provide
fingerscans, photographs, or other
biometric identifiers upon arrival at, or
departure from, the United States. DHS
views US–VISIT as a biometricallydriven program designed to enhance the
security of United States citizens and
visitors while expediting legitimate
travel and trade, ensuring the integrity
of the immigration system, and
protecting visitors’ personal
information.
The statutes that authorize DHS to
establish US–VISIT include, but are not
limited to:
• Section 2(a) of the Immigration and
Naturalization Service Data
Management Improvement Act of 2000,
Public Law 106–215, 114 Stat. 337 (June
15, 2000);
• Section 205 of the Visa Waiver
Permanent Program Act of 2000, Public
Law 106–396, 114 Stat. 1637, 1641
(October 30, 2000);
• Section 414 of the Uniting and
Strengthening America by Providing
Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001
(USA PATRIOT Act), Public Law 107–
56, 115 Stat. 271, 353 (October 26,
2001);
• Section 302 of the Enhanced Border
Security and Visa Entry Reform Act of
2002 (Border Security Act) Public Law
107–173, 116 Stat. 543, 552 (May 14,
2002); and
E:\FR\FM\27JYP1.SGM
27JYP1
wwhite on PROD1PC61 with PROPOSALS
42606
Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Proposed Rules
• Section 7208 of the Intelligence
Reform and Terrorism Prevention Act of
2004, Public Law 108–458 (December
17, 2004).
DHS provided detailed abstracts of
the particular sections of the statutes
that established and authorized the US–
VISIT program in two prior
rulemakings. See 69 FR 468 (January 5,
2004); 69 FR 53318 (August 31, 2004).
On January 5, 2004, DHS
implemented the first phase of the US–
VISIT biometric component by
publishing an interim final rule in the
Federal Register providing that aliens
seeking admission into the United
States through nonimmigrant visas must
provide fingerprints, photographs, or
other biometric identifiers upon arrival
in or departure from the United States
at air and sea ports of entry. Effective
September 30, 2004, nonimmigrants
seeking to enter the United States
without visas under the Visa Waiver
Program (VWP) also are required to
provide biometric information under
US–VISIT. 69 FR 53318 (August 31,
2004). US–VISIT is now operational for
entry at 115 airports, 15 sea ports, and
at 154 land border ports of entry. The
most up-to-date list of ports of entry
where US–VISIT is operational can be
found at: https://www.dhs.gov/usvisit.
The following categories of aliens
currently are expressly exempt from
US–VISIT requirements:
• Aliens admitted on an A–1, A–2, C–
3, G–1, G–2, G–3, G–4, NATO–1,
NATO–3, NATO–4, NATO–5, or
NATO–6 visa;
• Children under the age of 14;
• Persons over the age of 79; and
• Certain officials of the Taipei
Economic and Cultural Representative
Office and members of their immediate
families seeking admission on E–1 visas.
8 CFR 235.1(d)(1)(iv). In addition, the
Secretary of State and Secretary of
Homeland Security may jointly exempt
classes of aliens from US–VISIT. The
Secretaries of State and Homeland
Security, as well as the Director of the
Central Intelligence Agency, also may
exempt any individual from US–VISIT.
8 CFR 235.1(d)(iv)(B).
In many cases, US–VISIT begins
overseas, at United States consular
offices issuing visas, where aliens’
biometrics (digital finger scans and
photographs) are collected and checked
against a database of known criminals,
suspected terrorists, and those who have
previously violated immigration laws.
When the alien arrives at the port of
entry, US–VISIT compares the
biometrics of the person (finger scans
and a digital photograph) to verify that
the person at the port of entry is the
same person who received the visa. For
VerDate Aug<31>2005
16:36 Jul 26, 2006
Jkt 208001
those whose biometrics were not
captured overseas, a Customs and
Border Protection (CBP) officer at the
port of entry collects digital finger scans
and a digital photograph of the alien.
These biometrics may be
• Checked against watchlists and
previous uses of the document;
• Verified at the time of exit; and
• Compared during subsequent
interactions, such as a future admission.
There are additional aliens that have
not yet been subject to the requirements
of US–VISIT, but who are not expressly
exempt from US–VISIT requirements.
Through this proposed rule, DHS
proposes to amend its regulations to
expand DHS biometric collection and
processing through the US–VISIT
program to all aliens except those
specifically exempted. DHS will
implement this rule in a way that
minimizes risk of impact to travel and
trade.1
DHS has determined that expanding
US–VISIT to additional aliens will
improve public safety, national security,
and the integrity of the immigration
process. Establishing and verifying the
identity of an alien and whether that
alien is admissible to the United States
based on all relevant information is
critical to the security of the United
States and the enforcement of the
United States immigration laws.
Processing additional aliens in US–
VISIT reduces the risk that an
individual traveler’s identity (and travel
document) could be used by another
individual to enter the United States. By
linking the alien’s biometric information
with the alien’s travel documents, DHS
reduces the likelihood that another
individual could later assume that
identity or use that document to gain
admission to the United States.
At present, US–VISIT biometrically
screens alien arrivals at all air and sea
ports of entry at primary inspection.
US–VISIT also screens alien arrivals at
land border ports of entry during
secondary inspection rather than
primary inspection because of the
volume and facility limitations of the
land border ports. Referral of aliens to
secondary inspection at the land border
1 Immediately following the introduction of US–
VISIT in January 2004, CBP introduced a ‘‘wait time
mitigation strategy.’’ In the event that wait times at
air and sea primary inspection last longer than one
hour, and if the threat level was at yellow, green,
or blue, a port may incrementally relieve congestion
by eliminating the fingerprinting requirement for
successive classifications of people, for example,
aliens aged 14–17 when accompanied by an adult,
or aliens between the ages of 60–79. However, this
mitigation strategy has rarely been needed even
after the inclusion of Visa Waiver Program aliens.
Nonetheless, the procedures remain in place and
can be used following the inclusion of additional
aliens, if necessary.
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
ports of entry is premised on processes
that already require secondary
inspection (e.g., Form I–94 issuance) or
an officer’s indication that further
investigation of the alien’s identity or
admissibility is needed to properly
determine that the alien is admissible.
Since US–VISIT biometric processing
was initiated on January 5, 2004, the
program has successfully identified a
number of aliens with criminal or
immigration violations that would not
otherwise have been known. Between
January 5, 2004, and May 25, 2006, DHS
took adverse action against more than
1160 individuals based on information
obtained through the US–VISIT
biometric screening process. By
‘‘adverse action,’’ DHS means that the
alien was:
• Arrested pursuant to a criminal
arrest warrant;
• Denied admission, placed in
expedited removal, and returned to the
country of last departure; or
• Otherwise detained and denied
admission to the United States.
Adding additional aliens to the US–
VISIT program will likely result in DHS
identifying additional aliens who are
inadmissible or who otherwise present
security and criminal threats, including
those who may be traveling improperly
on previously established identities and
those who potentially pose a threat to
the security interests of the United
States.
II. Additional Aliens Subject to US–
VISIT
A. Specific Groups of Aliens Proposed
To Be Added
Under existing regulations, DHS has
been collecting and storing biometric
data on specific classes of aliens in US–
VISIT. Nonimmigrant aliens seeking
admission to the United States pursuant
to a nonimmigrant visa, B–1/B–2 Visa
and Border Crossing Card (Form DSP
150), or under the Visa Waiver Program,
currently provide biometrics for
processing in US–VISIT. 8 CFR
235.1(d)(1)(ii). This proposed change to
the regulations would permit
enrollment of any alien in US–VISIT,
with the exception of those Canadian
citizens applying for admission as B–1/
B–2 visitors for business or pleasure,
and those specifically exempted.
Several large classes of aliens will be
affected by this change in the
regulations, including:
• Lawful Permanent Residents
(LPRs).
• Aliens seeking admission on
immigrant visas.
• Refugees and asylees.
E:\FR\FM\27JYP1.SGM
27JYP1
wwhite on PROD1PC61 with PROPOSALS
Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Proposed Rules
• Certain Canadian citizens who
receive a Form I–94 at inspection or
who require a waiver of inadmissibility.
• Aliens paroled into the United
States.
• Aliens applying for admission
under the Guam Visa Waiver Program.
The authorizing statutes, which all
refer to ‘‘aliens’’ without differentiation,
support the inclusion of lawful
permanent residents (LPRs) into the
US–VISIT program. See section
101(a)(3) of the Immigration and
Nationality Act of 1952, as amended, 8
U.S.C. 1101(a)(3) (‘‘The term ‘alien’
means any person not a citizen or
national of the United States’’). For an
LPR, a Form I–551, permanent resident
card, serves as a travel or entry
document. Pursuant to 8 CFR
211.1(a)(2), a Form I–551 is a
documentary substitute for an
immigrant visa for readmission to the
United States as a permanent resident.
Accordingly, the US–VISIT biometric
collection will now apply to LPRs.
DHS is not proposing that LPRs
submit any additional information
above and beyond that which is
currently required. As part of the
adjustment of status process, under
current regulations, an alien between
the ages of 14 and 79 (the same age
parameters as applied to US–VISIT
enrollment and verification) must
submit a set of 10 fingerprints and
photographs to DHS, Citizenship and
Immigration Services (USCIS), as
applicable. (See Form I–485,
‘‘Application to Register Permanent
Residence or Adjust Status’’). As part of
the immigrant visa BioVisa process, the
Department of State has collected two
index finger prints. Thus, many LPRs
have already submitted fingerprints and,
for US–VISIT purposes, taking finger
scans at the time of admission will be
a biometric verification of the LPR’s
identity against those prints previously
collected. However, DHS does not have
electronically-searchable fingerprints for
all LPRs. When those LPRs are
encountered, their finger scans will be
collected for an initial electronic
enrollment. The LPR will provide the
same biometrics (finger scans,
photograph), under either the
‘‘verification’’ or ‘‘enrollment’’ scenario.
There is no difference in what
information is collected from the
perspective of the LPR or in how other
aliens are processed.
Similarly, DHS already possesses
biometric data through the USCIS
application process for asylees and
refugees. See, e.g., Form I–589
(Application for Asylum). To the
greatest extent practicable, DHS will use
this existing information to initially
VerDate Aug<31>2005
16:36 Jul 26, 2006
Jkt 208001
‘‘enroll’’ these aliens into US–VISIT.
The US–VISIT process at ports of entry
is generally therefore a verification
against the biometric information
previously submitted to DHS, to ensure
that the alien is the person whom he or
she claims to be.
The inclusion of aliens being
admitted with an immigrant visa is to
ensure parity with LPRs and because an
immigrant visa is a United States-issued
travel document. As noted above, these
aliens submitted fingerprints as part of
the immigrant visa application process.
Aliens applying for admission with an
immigrant visa are currently submitting
fingerprints and photographs as part of
the admission process.
Most Canadians traveling from within
the Western Hemisphere do not require
a visa or other documentation to enter
the United States for short business or
pleasure trips. This rule does not change
8 CFR 212.1(a)(1), which exempts those
Canadian citizens from the requirement
to present a passport or nonimmigrant
visa prior to admission into the United
States. This will be addressed in
upcoming rulemakings involving the
Western Hemisphere Travel Initiative.
See 70 FR 52037 (September 1, 2005)
(ANPRM). Canadians, other than those
described below, will not be enrolled in,
or verified against, US–VISIT at this
time. Canadian citizens accustomed to
border crossings for the purposes of
shopping, visiting friends and family, or
taking a holiday in the United States
(typically activities encompassed by the
nonimmigrant B–2, visitor for pleasure
category) are not included in US–VISIT
by the provisions of this proposed rule.
Canadians who would be included in
US–VISIT as a result of adoption of this
proposed rule will be those issued a
Form I–94, including:
(1) Canadians applying for admission
in the following nonimmigrant
classifications:
• C, aliens in transit to or through the
United States;
• D, alien crew members (Form I–95);
• F, all alien students and
dependents;
• H, all alien specialty, nurse,
temporary agricultural and
nonagricultural workers, trainees and
dependents;
• I, all representatives of foreign
media and dependents;
• J, exchange visitors and
dependents;
• L, intracompany transferees and
dependents;
• M, vocational or nonacademic
student and dependents;
• O, aliens of extraordinary ability or
achievement, including assistants and
dependents;
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
42607
• P, aliens internationally recognized
as athletes, entertainers or participants
in a culturally unique program and
dependents;
• Q–1 and Q–3, international cultural
exchange program participant and
dependents;
• R, religious workers and
dependents;
• S, alien witnesses or informants and
dependents;
• T, victims of trafficking and
dependents;
• TN under the provisions of the
North American Free Trade Agreement;
and
(2) Canadians who are granted a
waiver of inadmissibility in order to
enter the United States.
Processing these Canadian citizens
biometrically through US–VISIT will
ensure parity with other aliens applying
for admission to the United States, and
it will increase security. Aliens who are
currently required to present a valid
nonimmigrant visa are required to
provide biometrics as part of admission,
including those Canadian citizens
required to obtain either an E (Treaty
Trader or Investor) nonimmigrant or K
´
´
(fiance/fiancee or spouse of a United
States citizen) nonimmigrant visa.
Canadians who require a waiver of
inadmissibility are already required to
provide biometric data in secondary
inspection at the port of entry as part of
the waiver application. This change in
regulations will permit DHS to better
verify identity and determine if new
derogatory information exists on
subsequent encounters.
DHS acknowledges that some
Canadian citizens holding valid
nonimmigrant status, such as an H–1B
worker, commute into the United States
daily for purposes of employment while
continuing to reside in Canada. At
northern land borders, CBP officers at
ports of entry have existing protocols for
this situation and will not refer
Canadian commuter to secondary
inspection for a biometric verification
against the US–VISIT system. These
Canadian citizens will be screened
biometrically via US–VISIT when
applying for a new multiple-entry Form
I–94 which typically happens at
approximately six month intervals or
when referred to secondary inspection
for other reasons.
All aliens paroled into the United
States will provide biometrics and be
processed through US–VISIT. Parolees
are aliens who are permitted to enter the
United States at a port of entry without
being legally admitted, and may be
subject to specific terms as a condition
of the parole. Section 212(d) of the Act,
8 U.S.C. 1182(d). Because these aliens
E:\FR\FM\27JYP1.SGM
27JYP1
42608
Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Proposed Rules
wwhite on PROD1PC61 with PROPOSALS
are ultimately allowed physically into
the United States, they should be
subject to the same requirements as
other aliens admitted to the United
States.
B. Mechanism for Enrolling Additional
Aliens
Operationally, these additional aliens
will be processed through US–VISIT
differently at the air and sea ports of
entry than at the land ports of entry.
At air and sea ports of entry, the
controlled environment—where all
arriving aliens and United States
citizens are interviewed by a CBP
officer—currently allows for biometric
collection and US–VISIT processing at
primary inspection for the majority of
the arriving aliens addressed in this
rulemaking. Therefore, DHS expects to
be able to include all non-exempt aliens
into US–VISIT almost immediately at
the air and sea ports.
At the land border ports of entry,
where aliens arrive by vehicle and as
pedestrians, the additional aliens will
be processed through US–VISIT
somewhat differently at the time of
initial application for admission to the
United States. LPRs will go through
biometric collection if they are referred
to secondary inspection by the primary
inspecting officer. The officer has the
discretion to send any person to
secondary inspection if the officer has
any question as to the true identity of
person bearing the document or of
person’s admissibility to the United
States. The remaining aliens will be
processed through US–VISIT in
secondary inspection the same way
other aliens currently subject to US–
VISIT (those that require a Form I–94)
at the land ports of entry. This will not
impose an additional imposition since
these aliens are already processed in
secondary since they generally require a
Form I–94.
DHS is including additional aliens
into the US–VISIT program in the same
way it has included aliens with Form
DSP–150 Border Crossing Cards (BCCs).
To date, at land borders only holders of
BCCs who use the BCC as a visa and
thus require a Form I–94 are generally
required to be processed through US–
VISIT. US–VISIT currently does not
process, on a regular basis, applicants
for admission with BCCs who wish to
use the document simply as a BCC,
which authorizes them to stay in the
United States for up to 30 days, within
25 miles of the United States-Mexican
border (75 miles in parts of Arizona).
This policy has allowed DHS to take a
measured approach to implementing
US–VISIT at the land borders and to
ensure that US–VISIT processing does
VerDate Aug<31>2005
16:36 Jul 26, 2006
Jkt 208001
not have a negative impact on the land
border communities. However, even
under this current policy, an alien
seeking admission with a BCC and not
obtaining a Form I–94 can still be
required to undergo US–VISIT
processing at the discretion of the
inspecting officer.
DHS requests public comment on all
of these issues, but would regard as
most helpful comments on the
ramifications of adding additional
classifications at land borders. DHS
places a great deal of importance on
input from the public concerning the
performance and implementation of the
US–VISIT program. In particular, DHS
seeks input on specific steps or
milestones that should take place prior
to processing future additional
classifications of aliens in US–VISIT at
land borders.
III. Regulatory Requirements
A. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
5 U.S.C. 605(b), as amended by the
Small Business Regulatory Enforcement
and Fairness Act of 1996 (SBREFA),
requires an agency to prepare and make
available to the public a regulatory
flexibility analysis that describes the
effect of the rule on small entities (i.e.,
small businesses, small organizations,
and small governmental jurisdictions).
DHS has considered the impact of this
rule on small entities and has
determined that this rule will not have
a significant economic impact on a
substantial number of small entities.
The individual aliens to whom this rule
applies are not small entities as that
term is defined in 5 U.S.C. 601(6). There
is no change expected in any process as
a result of this rule that would have a
direct effect, either positive or negative,
on a small entity. Accordingly, this rule
will not have a significant economic
impact on a substantial number of small
entities and DHS does not believe that
US–VISIT processing will impede the
free flow of travel and trade, especially
such travel and trade relating directly to
small entities.
B. Executive Order 12866
Under section 3(f) of Executive Order
12866, ‘‘Regulatory Planning and
Review,’’ 58 FR 51735 (October 4, 1993)
(as amended), DHS has determined that
this proposed rule is a ‘‘significant
regulatory action’’ because there is
significant public interest in issues
pertaining to national security,
immigration policy, and international
trade and travel relating to this
proposed rule. Accordingly, this
proposed rule has been submitted to the
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
Office of Management and Budget
(OMB) for review.
DHS currently processes through US–
VISIT, using biometrics, all aliens
entering the United States with a
nonimmigrant visa or under the Visa
Waiver Program at any air, sea, or land
port of entry. As of May 25, 2006, US–
VISIT biometric screening has resulted
in DHS’s ability to take adverse action
against 1160 aliens whose prior criminal
actions rendered the alien ineligible for
admission or who pose a security threat
to the United States. This proposed rule
will strengthen the ability of CBP
officers to identify and take action
against persons whose conduct renders
them security threat and therefore
ineligible for admission. For example,
DHS expects that, just as 1160
nonimmigrants have been intercepted
by DHS using the biometric screening of
US–VISIT, additional individuals
applying for admission with permanent
resident cards or reentry permits will be
found, by the comparison of biometric
identifiers, to have violated the terms of
their permanent resident status. Such
violations may be the result of the
commission of various crimes,
tampering with the actual permanent
resident card, or attempting to gain
entry by attempting to assume the
identity of another LPR. Such violations
could ultimately result in the LPR losing
permanent resident status and possible
removal from the United States, or the
exclusion or removal of an individual
from the United States for fraud. Based
on the number of permanent resident
cards that are seized by CBP officers at
ports of entry (approximately 15,000 in
FY 2005) and DHS Forensic Document
Laboratory analyses each month
(approximately 250), DHS estimates that
US–VISIT biometric screening has the
potential to identify a significant
number of aliens each month in need of
additional investigation prior to being
admitted to the United States. In
addition, based on the numbers of
refugee travel documents (519) and
immigrant visas (2,287) that CBP
officers intercepted in attempts to use
the documents fraudulently by aliens
during FY2005, US–VISIT estimates that
interception of fraudulently used
documents will increase with the
introduction of biometric verification of
identity.
DHS expects similar results—an
increase in the number of aliens
identified with possible admissionrelated or immigration problems—by
including the other groups of aliens
highlighted in this proposed rule into
the US–VISIT biometric screening
protocol. For example, aliens holding
immigrant visas have a six-month
E:\FR\FM\27JYP1.SGM
27JYP1
Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Proposed Rules
validity window from the date the visa
is issued to arrive in the United States.
Events could occur during this time
period that could result in the alien
being found inadmissible to the United
States that might only be discovered as
the result of biometric comparisons.
Over the last several years, over one
million aliens have entered the United
States annually on immigrant visas.
Refugees and asylees—appearing
before Government officers in many
instances without the benefit of even the
most basic form of identity
documentation—potentially pose a risk
to public safety and security. In many
instances, the United States Government
is providing these individuals with a
new identity. It is important to
recognize that for refugees and asylees,
US–VISIT will be verifying the identity
of these aliens by comparing the
biometrics collected at the time of an
application for admission to the United
States with the biometrics that were
already collected during the initial
refugee or asylee adjudication process.
Similarly, aliens paroled into the
United States warrant the additional
screening derived by using US–VISIT.
While the majority of these aliens have
been screened overseas in order to
determine whether a parole should be
granted, it is in the security interest of
the United States to verify that the
individuals who arrive at the border are
the same individuals screened for
parole. Approximately 150,000 aliens
are granted parole into the United States
each year.
The costs associated with
implementation of this proposed rule
for select travelers not otherwise exempt
from US–VISIT requirements include an
increase of approximately 15 seconds in
initial inspection processing time
(additional biometric collection) per
applicant over the current average
inspection time. No significant
difference is anticipated in the
processing of an alien traveling with a
visa or under the VWP, as compared to
any other alien who is exempted from
the visa requirements. These ports of
entry encompass over 99% of all air and
sea border traffic and over 95% of all
land border traffic for these alien
classifications. DHS, through CBP, has
carefully monitored the impact of US–
VISIT biometric data collection on the
inspection of applicants for admission
at air, sea, and land borders. At air and
sea ports, internal studies have
established that the biometric collection
adds no more than 15 seconds on
average to the inspection processing
time at primary inspection. At land
border ports, internal studies have
shown positive results, and in some
POEs the amount of time to process an
alien for admission using the US–VISIT
process was actually shorter than it had
been previously due to the automation
of data collection and implementation
of a standard process. A close
examination of the first three land ports
of entry to begin US–VISIT biometric
collection as part of admission found
that the average processing time for
applicants requiring a Form I–94 or
Form I–94W actually decreased and
sometimes resulted in significantly
reduced processing times.
Average form I–94 processing time before implementing US–VISIT
Port Huron, MI ....................................
Douglas, AZ ........................................
Laredo, TX .........................................
wwhite on PROD1PC61 with PROPOSALS
Port of entry
11 minutes, 42 seconds ................................................................................
4 minutes, 16 seconds ..................................................................................
12 minutes, 10 seconds ................................................................................
Accordingly, DHS does not believe
that US–VISIT processing impedes the
free flow of travel and trade.
In addition, over time, the efficiency
with which the process is employed
will increase, and the process can be
expected to further improve. DHS will
not apply this rule to all aliens crossing
land borders until technological
advancements are identified, tested, and
implemented to ensure that the land
border commerce and traffic concerns
are significantly mitigated. DHS may
choose to implement this rule in the air
and sea environment before the land
border environment. As mentioned in
the August 31, 2004, rule, DHS has
developed a number of mitigation
strategies, not unlike those already
available to CBP under other conditions
to mitigate delays. DHS, while not
anticipating significant delays for
travelers, will nevertheless develop
procedures and strategies to deal with
any significant delays that may occur
through unanticipated and unusually
heavy travel periods.
C. Executive Order 13132
Executive Order 13132 requires DHS
to develop a process to ensure
VerDate Aug<31>2005
16:36 Jul 26, 2006
Jkt 208001
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ Such policies are defined
in the Executive Order to include rules
that have ‘‘substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.’’
DHS has analyzed this proposed rule
in accordance with the principles and
criteria in the Executive Order and has
determined that this proposed rule
would not have a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. Therefore,
DHS has determined that this proposed
rule does not have federalism
implications. This rule provides for the
collection by the Federal Government of
biometric identifiers from certain aliens
seeking to enter or depart from the
United States, for the purpose of
improving the administration of federal
immigration laws and for national
security. States do not conduct activities
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
42609
Average form I–94
processing time after
implementing US–VISIT
9 minutes, 58 seconds.
3 minutes, 12 seconds.
2 minutes, 18 seconds.
with which the provisions of this
specific rule would interfere.
D. Executive Order 12988
This proposed rule meets the
applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive
Order 12988. That Executive Order
requires agencies to conduct reviews,
before proposing legislation or
promulgating regulations, to determine
the impact of those proposals on civil
justice and potential issues for
litigation. The Order requires that
agencies make reasonable efforts to
ensure that the regulation clearly
identifies preemptive effects, effects on
existing federal laws and regulations,
identifies any retroactive effects of the
proposal, and other matters. DHS has
determined that this regulation meets
the requirements of Executive Order
12988 because it does not involve
retroactive effects, preemptive effects, or
other matters addressed in the Order.
E. Unfunded Mandates Reform Act of
1995
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA),
Public Law 104–4, 109 Stat. 48 (March
E:\FR\FM\27JYP1.SGM
27JYP1
42610
Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Proposed Rules
22, 1995) (2 U.S.C. 1501 et seq.),
requires Federal agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local, or tribal governments, in the
aggregate, or by the private sector of
more than $100 million in any one year
(adjusted for inflation with 1995 base
year). Before promulgating a rule for
which a written statement is needed,
section 205 of the UMRA requires DHS
to identify and consider a reasonable
number of regulatory alternatives and to
adopt the least costly, most costeffective, or least burdensome option
that achieves the objective of the rule.
Section 205 allows DHS to adopt an
alternative, other than the least costly,
most cost-effective, or least burdensome
option if DHS publishes an explanation
with the final rule. This proposed rule
will not result in the expenditure, by
State, local or tribal governments, or by
the private sector, of more than $100
million annually. Thus, DHS is not
required to prepare a written assessment
under UMRA.
F. Small Business Regulatory
Enforcement Fairness Act of 1996
This proposed rule is not a major rule
as defined by section 251 of the Small
Business Regulatory Enforcement
Fairness Act of 1996, 5 U.S.C. 804, as
this proposed rule will not result in an
annual effect on the economy of $100
million or more.
wwhite on PROD1PC61 with PROPOSALS
G. Trade Impact Assessment
The Trade Impact Agreement Act of
1979, Public Law 96–39, tit IV, secs.
401–403, 93 Stat. 242 (July 26, 1979), as
amended (19 U.S.C. 2531–2533),
prohibits Federal agencies from
engaging in any standards or related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. Legitimate domestic
objectives, such as safety, are not
considered unnecessary obstacles. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
United States standards. DHS has
determined that this proposed rule will
not create unnecessary obstacles to the
foreign commerce of the United States
and that any minimal impact on trade
that may occur is legitimate in light of
this rule’s benefits for the national
security and public safety interests of
the United States. In addition, DHS
notes that this effort considers and
utilizes international standards
concerning biometrics, and will
continue to consider these standards
VerDate Aug<31>2005
16:36 Jul 26, 2006
Jkt 208001
when monitoring and modifying the
program.
H. National Environmental Policy Act of
1969
DHS will analyze the actions
contained in this proposed rule for
purposes of complying with the
National Environmental Policy Act of
1969 (NEPA), 42 U.S.C. 4321 et seq.,
and Council on Environmental Quality
(CEQ) regulations, 40 CFR parts 1501–
1508. Depending upon the
environmental impacts, DHS will
conduct the appropriate level of
analysis in accordance with NEPA.
I. Paperwork Reduction Act
This proposed rule establishes the
process by which DHS will require
certain aliens who cross the borders of
the United States to provide
fingerprints, photograph(s), and
potentially other biometric identifiers
upon their arrival and departure at
designated ports. These requirements
constitute an information collection
under the Paperwork Reduction Act
(PRA), 44 U.S.C. 507 et seq. OMB, in
accordance with the Paperwork
Reduction Act, has previously approved
this information collection for use. The
OMB Control Number for this collection
is 1600–0006.
Since this rule provides a mechanism
for the addition of new aliens by Notice
in the Federal Register who may be
photographed and fingerprinted, and
who may be required to provide other
biometric identifiers, DHS has
submitted the required Paperwork
Reduction Change Worksheet (OMB–
83C) to the Office of Management and
Budget (OMB) reflecting the increase in
burden hours and OMB has approved
the changes.
J. Public Privacy Interests
As discussed in the January 5, 2004,
(69 FR 468) and August 31, 2004, (69 FR
53318) interim rules, US–VISIT records
will be protected consistent with all
applicable privacy laws and regulations.
Personal information will be kept secure
and confidential and will not be
discussed with, nor disclosed to, any
person within or outside US–VISIT
other than as authorized by law and as
required for the performance of official
duties. In addition, careful safeguards,
including appropriate security controls,
will ensure that the data is not used or
accessed improperly. The DHS Chief
Privacy Officer will review pertinent
aspects of the program to ensure that
these proper safeguards and security
controls are in place. The information
will also be protected in accordance
with the DHS published privacy policy
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
for US–VISIT. Affected persons will
have a three-stage process for redress if
there is concern about the accuracy of
information. An individual may request
a review or change, or a DHS officer
may determine that an inaccuracy exists
in a record. A DHS officer can modify
the record. If the individual remains
dissatisfied with this response, he or she
can request assistance from the US–
VISIT Privacy Officer, and can ask that
the Privacy Officer review the record
and address any remaining concerns.
The DHS Privacy Office will advise
US–VISIT to further ensure that the
information collected and stored in
IDENT and other systems associated
with US–VISIT is being properly
protected under the privacy laws and
guidance. US–VISIT also has a programdedicated Privacy Officer to handle
specific inquiries and to provide
additional advice concerning the
program.
Finally, DHS will maintain secure
computer systems that will ensure that
the confidentiality of an individual’s
personal information is maintained. In
doing so, the Department and its
information technology personnel will
comply with all laws and regulations
applicable to government systems, such
as the Federal Information Security
Management Act of 2002, Title X, Public
Law 107–296, 116 Stat. 2259–2273
(Nov. 25, 2002) (codified in scattered
sections of titles 6, 10, 15, 40, and 44
U.S.C.); Information Management
Technology Reform Act (Clinger-Cohen
Act), 40 U.S.C. 11101 et seq.; Computer
Security Act of 1987, 40 U.S.C. 1441 et
seq. (as amended); Government
Paperwork Elimination Act, 44 U.S.C.
101, 3504; and Electronic Freedom of
Information Act of 1996, 5 U.S.C. 552.
List of Subjects
8 CFR Part 215
Administrative practice and
procedure, Aliens, Travel restrictions.
8 CFR Part 235
Aliens, Immigration, Registration,
Reporting and recordkeeping
requirements.
Accordingly, chapter I of title 8 of the
Code of Federal Regulations is proposed
to be amended as follows:
PART 215—CONTROL OF ALIENS
DEPARTING FROM THE UNITED
STATES
1. The authority citation for part 215
continues to read as follows:
Authority: 8 U.S.C. 1104; 1184; 1185
(pursuant to E.O. 13323, published January 2,
2004), 1365a and note, 1379, 1731–32.
E:\FR\FM\27JYP1.SGM
27JYP1
Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Proposed Rules
has properly maintained his or her
status while in the United States. The
failure of an applicant for admission to
comply with any requirement to provide
§ 215.8 Requirements for biometric
biometric identifiers may result in a
identifiers from aliens on departure from
determination that the alien is
the United States.
inadmissible under section 212(a) of the
(a)(1) The Secretary of Homeland
Immigration and Nationality Act or any
Security, or his designee, may establish
other law.
pilot programs at land border ports of
*
*
*
*
entry, and at up to fifteen air or sea ports *
Dated: July 13, 2006.
of entry, designated through notice in
the Federal Register, through which the Michael Chertoff,
Secretary or his delegate may require an Secretary.
alien admitted to or paroled into the
[FR Doc. E6–11993 Filed 7–26–06; 8:45 am]
United States, other than aliens
BILLING CODE 4410–10–P
exempted under paragraph (a)(2) of this
section or Canadian citizens under
section 101(a)(15)(B) of the Act who
DEPARTMENT OF TRANSPORTATION
were not otherwise required to present
a visa or have been issued Form I–94 or
Federal Highway Administration
Form I–95 upon arrival at the United
States, who departs the United States
23 CFR Parts 771 and 774
from a designated port of entry, to
provide fingerprints, photograph(s) or
Federal Transit Administration
other specified biometric identifiers,
documentation of his or her
49 CFR Part 622
immigration status in the United States,
[Docket No. FHWA–05–22884]
and such other evidence as may be
requested to determine the alien’s
RIN 2125–AF14 and 2132–AA83
identity and whether he or she has
Parks, Recreation Areas, Wildlife and
properly maintained his or her status
Waterfowl Refuges, and Historic Sites
while in the United States.
*
*
*
*
*
AGENCIES: Federal Highway
2. Section 215.8 is proposed to be
amended by revising paragraph (a)(1) as
follows:
PART 235—INSPECTION OF PERSONS
APPLYING FOR ADMISSION
3. The authority citation for part 235
continues to read as follows:
Authority: 8 U.S.C. 1101 and note, 1103,
1183, 1185 (pursuant to E.O. 13323
published on January 2, 2004), 1201, 1224,
1225, 1226, 1228, 1365a note, 1379, 1731–32.
4. Sections 235.1 is proposed to be
amended by revising paragraphs
(d)(1)(ii) as follows:
§ 235.1
Scope of examination.
wwhite on PROD1PC61 with PROPOSALS
*
*
*
*
*
(d) * * *
(1) * * *
(ii) The Secretary of Homeland
Security or his delegate may require any
alien seeking admission to or parole into
the United States, other than aliens
exempted under paragraph (d)(1)(iv) of
this section or Canadian citizens under
section 101(a)(15)(B) of the Act who are
not otherwise required to present a visa
or be issued Form I–94 or Form I–95 for
admission or parole into the United
States, to provide fingerprints,
photograph(s) or other specified
biometric identifiers, documentation of
his or her immigration status in the
United States, and such other evidence
as may be requested to determine the
alien’s identity and whether he or she
VerDate Aug<31>2005
16:36 Jul 26, 2006
Jkt 208001
Administration (FHWA) and Federal
Transit Administration (FTA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM); request for comments.
SUMMARY: This proposal would modify
the procedures for granting approvals
under 23 U.S.C. 138 and 49 U.S.C. 303
(hereafter referred to as ‘‘Section 4(f)’’ 1)
in several ways. First, this proposal
clarifies the factors to be considered and
the standards to be applied when
determining if an alternative for
avoiding the use of Section 4(f) property
is feasible and prudent. Second, this
NPRM proposes to clarify the factors to
be considered when selecting a project
alternative in situations where all
alternatives use Section 4(f) property
and no feasible and prudent avoidance
alternative exists. Third, this proposal
would establish procedures for
determining that the use of a Section
4(f) property has de minimis impacts.
Fourth, the proposal updates the
1 Section 4(f) of the Department of Transportation
Act of 1966 was technically repealed in 1983 when
it was codified without substantive change at 49
U.S.C. 303. A provision with the same meaning is
found at 23 U.S.C. 138 and applies only to FHWA
actions. This regulation continues to refer to
Section 4(f) as such because it would create
needless confusion to do otherwise; the policies
Section 4(f) engendered are widely referred to as
‘‘Section 4(f)’’ matters.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
42611
regulation to recognize statutory and
common-sense exceptions for uses that
advance Section 4(f)’s preservationist
goals; as well as the option of
conducting certain Section 4(f)
evaluations on a programmatic basis.
Fifth, this proposal would move the
Section 4(f) regulations out of the
agencies’ National Environmental Policy
Act regulations (23 CFR part 771,
‘‘Environmental Impact and Related
Procedures’’), into a separate part of 23
CFR, with a reorganized structure that is
easier to use.
DATES: Comments must be received on
or before September 25, 2006. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: Written Comments: Submit
written comments to the Dockets
Management System, U.S. Department
of Transportation, Room PL–401, 400
Seventh Street, SW., Washington, DC
20590–0001.
Comments. You may submit
comments identified by the docket
number (FHWA–05–22884) by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Web site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2478.
• Mail: Docket Management System;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: To the Docket
Management System; Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this notice. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
Public Participation heading of the
Supplementary Information section of
this document. Note that all comments
received will be posted without change
to https://dms.dot.gov including any
personal information provided. Please
see the Privacy Act heading under
Supplementary Information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to the Docket
Management System (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: For
FHWA, Diane Mobley, Office of the
E:\FR\FM\27JYP1.SGM
27JYP1
]]>Agencies
[Federal Register Volume 71, Number 144 (Thursday, July 27, 2006)]
[Proposed Rules]
[Pages 42605-42611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11993]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
8 CFR Parts 215 and 235
[DHS 2005-0037]
RIN 1601-AA35
United States Visitor and Immigrant Status Indicator Technology
Program (``US-VISIT''); Enrollment of Additional Aliens in US-VISIT
AGENCY: Office of the Secretary, DHS.
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security established the United
States Visitor and Immigrant Status Technology (US-VISIT) program in
2003 to verify the identities and travel documents of aliens. US-VISIT
automates this verification by comparing biometric identifiers, and by
comparing biometric identifiers with information drawn from
intelligence and law enforcement watchlists and databases. Aliens
subject to US-VISIT may be required to provide fingerscans,
photographs, or other biometric identifiers upon arrival at, or
departure from, the United States. Currently, aliens entering the
United States pursuant to a nonimmigrant visa, or those traveling
without a visa as part of the Visa Waiver Program, are subject to US-
VISIT requirements, with certain limited exceptions. Under this
proposed rule, the Department of Homeland Security will be extending
US-VISIT requirements to all aliens with the exception of aliens who
are specifically exempted and Canadian citizens applying for admission
as B1/B2 visitors for business or pleasure.
DATE: Written comments must be submitted on or before August 28, 2006.
ADDRESSES: You may submit comments identified by Docket Number DHS-
2005-0037 by one of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting the comments. All submissions
received must include the agency name and docket number for this
rulemaking. All comments received will be posted without change to
https://www.regulations.gov, including any personal information
provided.
Written comments may be submitted to Michael Hardin or
Craig Howie, Senior Policy Advisors, US-VISIT, Department of Homeland
Security; 1616 North Fort Myer Drive, 18th Floor, Arlington, VA 22209.
FOR FURTHER INFORMATION CONTACT: Michael Hardin or Craig Howie, Senior
Policy Advisors, US-VISIT, Department of Homeland Security, 1616 Fort
Myer Drive, 18th Floor, Arlington, Virginia 22209, (202) 298-5200.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
The Department of Homeland Security (DHS) established the United
States Visitor and Immigrant Status Indicator Technology Program (US-
VISIT) in accordance with several statutory mandates that collectively
require DHS to create an integrated, automated biometric entry and exit
system that records the arrival and departure of aliens; verifies the
identities of aliens; and authenticates travel documents presented by
such aliens through the comparison of biometric identifiers. Aliens
subject to US-VISIT may be required to provide fingerscans,
photographs, or other biometric identifiers upon arrival at, or
departure from, the United States. DHS views US-VISIT as a
biometrically-driven program designed to enhance the security of United
States citizens and visitors while expediting legitimate travel and
trade, ensuring the integrity of the immigration system, and protecting
visitors' personal information.
The statutes that authorize DHS to establish US-VISIT include, but
are not limited to:
Section 2(a) of the Immigration and Naturalization Service
Data Management Improvement Act of 2000, Public Law 106-215, 114 Stat.
337 (June 15, 2000);
Section 205 of the Visa Waiver Permanent Program Act of
2000, Public Law 106-396, 114 Stat. 1637, 1641 (October 30, 2000);
Section 414 of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (USA PATRIOT Act), Public Law 107-56, 115 Stat.
271, 353 (October 26, 2001);
Section 302 of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (Border Security Act) Public Law 107-173, 116 Stat.
543, 552 (May 14, 2002); and
[[Page 42606]]
Section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law 108-458 (December 17, 2004).
DHS provided detailed abstracts of the particular sections of the
statutes that established and authorized the US-VISIT program in two
prior rulemakings. See 69 FR 468 (January 5, 2004); 69 FR 53318 (August
31, 2004).
On January 5, 2004, DHS implemented the first phase of the US-VISIT
biometric component by publishing an interim final rule in the Federal
Register providing that aliens seeking admission into the United States
through nonimmigrant visas must provide fingerprints, photographs, or
other biometric identifiers upon arrival in or departure from the
United States at air and sea ports of entry. Effective September 30,
2004, nonimmigrants seeking to enter the United States without visas
under the Visa Waiver Program (VWP) also are required to provide
biometric information under US-VISIT. 69 FR 53318 (August 31, 2004).
US-VISIT is now operational for entry at 115 airports, 15 sea ports,
and at 154 land border ports of entry. The most up-to-date list of
ports of entry where US-VISIT is operational can be found at: https://
www.dhs.gov/usvisit.
The following categories of aliens currently are expressly exempt
from US-VISIT requirements:
Aliens admitted on an A-1, A-2, C-3, G-1, G-2, G-3, G-4,
NATO-1, NATO-3, NATO-4, NATO-5, or NATO-6 visa;
Children under the age of 14;
Persons over the age of 79; and
Certain officials of the Taipei Economic and Cultural
Representative Office and members of their immediate families seeking
admission on E-1 visas.
8 CFR 235.1(d)(1)(iv). In addition, the Secretary of State and
Secretary of Homeland Security may jointly exempt classes of aliens
from US-VISIT. The Secretaries of State and Homeland Security, as well
as the Director of the Central Intelligence Agency, also may exempt any
individual from US-VISIT. 8 CFR 235.1(d)(iv)(B).
In many cases, US-VISIT begins overseas, at United States consular
offices issuing visas, where aliens' biometrics (digital finger scans
and photographs) are collected and checked against a database of known
criminals, suspected terrorists, and those who have previously violated
immigration laws. When the alien arrives at the port of entry, US-VISIT
compares the biometrics of the person (finger scans and a digital
photograph) to verify that the person at the port of entry is the same
person who received the visa. For those whose biometrics were not
captured overseas, a Customs and Border Protection (CBP) officer at the
port of entry collects digital finger scans and a digital photograph of
the alien. These biometrics may be
Checked against watchlists and previous uses of the
document;
Verified at the time of exit; and
Compared during subsequent interactions, such as a future
admission.
There are additional aliens that have not yet been subject to the
requirements of US-VISIT, but who are not expressly exempt from US-
VISIT requirements. Through this proposed rule, DHS proposes to amend
its regulations to expand DHS biometric collection and processing
through the US-VISIT program to all aliens except those specifically
exempted. DHS will implement this rule in a way that minimizes risk of
impact to travel and trade.\1\
---------------------------------------------------------------------------
\1\ Immediately following the introduction of US-VISIT in
January 2004, CBP introduced a ``wait time mitigation strategy.'' In
the event that wait times at air and sea primary inspection last
longer than one hour, and if the threat level was at yellow, green,
or blue, a port may incrementally relieve congestion by eliminating
the fingerprinting requirement for successive classifications of
people, for example, aliens aged 14-17 when accompanied by an adult,
or aliens between the ages of 60-79. However, this mitigation
strategy has rarely been needed even after the inclusion of Visa
Waiver Program aliens. Nonetheless, the procedures remain in place
and can be used following the inclusion of additional aliens, if
necessary.
---------------------------------------------------------------------------
DHS has determined that expanding US-VISIT to additional aliens
will improve public safety, national security, and the integrity of the
immigration process. Establishing and verifying the identity of an
alien and whether that alien is admissible to the United States based
on all relevant information is critical to the security of the United
States and the enforcement of the United States immigration laws.
Processing additional aliens in US-VISIT reduces the risk that an
individual traveler's identity (and travel document) could be used by
another individual to enter the United States. By linking the alien's
biometric information with the alien's travel documents, DHS reduces
the likelihood that another individual could later assume that identity
or use that document to gain admission to the United States.
At present, US-VISIT biometrically screens alien arrivals at all
air and sea ports of entry at primary inspection. US-VISIT also screens
alien arrivals at land border ports of entry during secondary
inspection rather than primary inspection because of the volume and
facility limitations of the land border ports. Referral of aliens to
secondary inspection at the land border ports of entry is premised on
processes that already require secondary inspection (e.g., Form I-94
issuance) or an officer's indication that further investigation of the
alien's identity or admissibility is needed to properly determine that
the alien is admissible.
Since US-VISIT biometric processing was initiated on January 5,
2004, the program has successfully identified a number of aliens with
criminal or immigration violations that would not otherwise have been
known. Between January 5, 2004, and May 25, 2006, DHS took adverse
action against more than 1160 individuals based on information obtained
through the US-VISIT biometric screening process. By ``adverse
action,'' DHS means that the alien was:
Arrested pursuant to a criminal arrest warrant;
Denied admission, placed in expedited removal, and
returned to the country of last departure; or
Otherwise detained and denied admission to the United
States.
Adding additional aliens to the US-VISIT program will likely result
in DHS identifying additional aliens who are inadmissible or who
otherwise present security and criminal threats, including those who
may be traveling improperly on previously established identities and
those who potentially pose a threat to the security interests of the
United States.
II. Additional Aliens Subject to US-VISIT
A. Specific Groups of Aliens Proposed To Be Added
Under existing regulations, DHS has been collecting and storing
biometric data on specific classes of aliens in US-VISIT. Nonimmigrant
aliens seeking admission to the United States pursuant to a
nonimmigrant visa, B-1/B-2 Visa and Border Crossing Card (Form DSP
150), or under the Visa Waiver Program, currently provide biometrics
for processing in US-VISIT. 8 CFR 235.1(d)(1)(ii). This proposed change
to the regulations would permit enrollment of any alien in US-VISIT,
with the exception of those Canadian citizens applying for admission as
B-1/B-2 visitors for business or pleasure, and those specifically
exempted.
Several large classes of aliens will be affected by this change in
the regulations, including:
Lawful Permanent Residents (LPRs).
Aliens seeking admission on immigrant visas.
Refugees and asylees.
[[Page 42607]]
Certain Canadian citizens who receive a Form I-94 at
inspection or who require a waiver of inadmissibility.
Aliens paroled into the United States.
Aliens applying for admission under the Guam Visa Waiver
Program.
The authorizing statutes, which all refer to ``aliens'' without
differentiation, support the inclusion of lawful permanent residents
(LPRs) into the US-VISIT program. See section 101(a)(3) of the
Immigration and Nationality Act of 1952, as amended, 8 U.S.C.
1101(a)(3) (``The term `alien' means any person not a citizen or
national of the United States''). For an LPR, a Form I-551, permanent
resident card, serves as a travel or entry document. Pursuant to 8 CFR
211.1(a)(2), a Form I-551 is a documentary substitute for an immigrant
visa for readmission to the United States as a permanent resident.
Accordingly, the US-VISIT biometric collection will now apply to LPRs.
DHS is not proposing that LPRs submit any additional information
above and beyond that which is currently required. As part of the
adjustment of status process, under current regulations, an alien
between the ages of 14 and 79 (the same age parameters as applied to
US-VISIT enrollment and verification) must submit a set of 10
fingerprints and photographs to DHS, Citizenship and Immigration
Services (USCIS), as applicable. (See Form I-485, ``Application to
Register Permanent Residence or Adjust Status''). As part of the
immigrant visa BioVisa process, the Department of State has collected
two index finger prints. Thus, many LPRs have already submitted
fingerprints and, for US-VISIT purposes, taking finger scans at the
time of admission will be a biometric verification of the LPR's
identity against those prints previously collected. However, DHS does
not have electronically-searchable fingerprints for all LPRs. When
those LPRs are encountered, their finger scans will be collected for an
initial electronic enrollment. The LPR will provide the same biometrics
(finger scans, photograph), under either the ``verification'' or
``enrollment'' scenario. There is no difference in what information is
collected from the perspective of the LPR or in how other aliens are
processed.
Similarly, DHS already possesses biometric data through the USCIS
application process for asylees and refugees. See, e.g., Form I-589
(Application for Asylum). To the greatest extent practicable, DHS will
use this existing information to initially ``enroll'' these aliens into
US-VISIT. The US-VISIT process at ports of entry is generally therefore
a verification against the biometric information previously submitted
to DHS, to ensure that the alien is the person whom he or she claims to
be.
The inclusion of aliens being admitted with an immigrant visa is to
ensure parity with LPRs and because an immigrant visa is a United
States-issued travel document. As noted above, these aliens submitted
fingerprints as part of the immigrant visa application process. Aliens
applying for admission with an immigrant visa are currently submitting
fingerprints and photographs as part of the admission process.
Most Canadians traveling from within the Western Hemisphere do not
require a visa or other documentation to enter the United States for
short business or pleasure trips. This rule does not change 8 CFR
212.1(a)(1), which exempts those Canadian citizens from the requirement
to present a passport or nonimmigrant visa prior to admission into the
United States. This will be addressed in upcoming rulemakings involving
the Western Hemisphere Travel Initiative. See 70 FR 52037 (September 1,
2005) (ANPRM). Canadians, other than those described below, will not be
enrolled in, or verified against, US-VISIT at this time. Canadian
citizens accustomed to border crossings for the purposes of shopping,
visiting friends and family, or taking a holiday in the United States
(typically activities encompassed by the nonimmigrant B-2, visitor for
pleasure category) are not included in US-VISIT by the provisions of
this proposed rule.
Canadians who would be included in US-VISIT as a result of adoption
of this proposed rule will be those issued a Form I-94, including:
(1) Canadians applying for admission in the following nonimmigrant
classifications:
C, aliens in transit to or through the United States;
D, alien crew members (Form I-95);
F, all alien students and dependents;
H, all alien specialty, nurse, temporary agricultural and
nonagricultural workers, trainees and dependents;
I, all representatives of foreign media and dependents;
J, exchange visitors and dependents;
L, intracompany transferees and dependents;
M, vocational or nonacademic student and dependents;
O, aliens of extraordinary ability or achievement,
including assistants and dependents;
P, aliens internationally recognized as athletes,
entertainers or participants in a culturally unique program and
dependents;
Q-1 and Q-3, international cultural exchange program
participant and dependents;
R, religious workers and dependents;
S, alien witnesses or informants and dependents;
T, victims of trafficking and dependents;
TN under the provisions of the North American Free Trade
Agreement; and
(2) Canadians who are granted a waiver of inadmissibility in order
to enter the United States.
Processing these Canadian citizens biometrically through US-VISIT
will ensure parity with other aliens applying for admission to the
United States, and it will increase security. Aliens who are currently
required to present a valid nonimmigrant visa are required to provide
biometrics as part of admission, including those Canadian citizens
required to obtain either an E (Treaty Trader or Investor) nonimmigrant
or K (fianc[eacute]/fianc[eacute]e or spouse of a United States
citizen) nonimmigrant visa. Canadians who require a waiver of
inadmissibility are already required to provide biometric data in
secondary inspection at the port of entry as part of the waiver
application. This change in regulations will permit DHS to better
verify identity and determine if new derogatory information exists on
subsequent encounters.
DHS acknowledges that some Canadian citizens holding valid
nonimmigrant status, such as an H-1B worker, commute into the United
States daily for purposes of employment while continuing to reside in
Canada. At northern land borders, CBP officers at ports of entry have
existing protocols for this situation and will not refer Canadian
commuter to secondary inspection for a biometric verification against
the US-VISIT system. These Canadian citizens will be screened
biometrically via US-VISIT when applying for a new multiple-entry Form
I-94 which typically happens at approximately six month intervals or
when referred to secondary inspection for other reasons.
All aliens paroled into the United States will provide biometrics
and be processed through US-VISIT. Parolees are aliens who are
permitted to enter the United States at a port of entry without being
legally admitted, and may be subject to specific terms as a condition
of the parole. Section 212(d) of the Act, 8 U.S.C. 1182(d). Because
these aliens
[[Page 42608]]
are ultimately allowed physically into the United States, they should
be subject to the same requirements as other aliens admitted to the
United States.
B. Mechanism for Enrolling Additional Aliens
Operationally, these additional aliens will be processed through
US-VISIT differently at the air and sea ports of entry than at the land
ports of entry.
At air and sea ports of entry, the controlled environment--where
all arriving aliens and United States citizens are interviewed by a CBP
officer--currently allows for biometric collection and US-VISIT
processing at primary inspection for the majority of the arriving
aliens addressed in this rulemaking. Therefore, DHS expects to be able
to include all non-exempt aliens into US-VISIT almost immediately at
the air and sea ports.
At the land border ports of entry, where aliens arrive by vehicle
and as pedestrians, the additional aliens will be processed through US-
VISIT somewhat differently at the time of initial application for
admission to the United States. LPRs will go through biometric
collection if they are referred to secondary inspection by the primary
inspecting officer. The officer has the discretion to send any person
to secondary inspection if the officer has any question as to the true
identity of person bearing the document or of person's admissibility to
the United States. The remaining aliens will be processed through US-
VISIT in secondary inspection the same way other aliens currently
subject to US-VISIT (those that require a Form I-94) at the land ports
of entry. This will not impose an additional imposition since these
aliens are already processed in secondary since they generally require
a Form I-94.
DHS is including additional aliens into the US-VISIT program in the
same way it has included aliens with Form DSP-150 Border Crossing Cards
(BCCs). To date, at land borders only holders of BCCs who use the BCC
as a visa and thus require a Form I-94 are generally required to be
processed through US-VISIT. US-VISIT currently does not process, on a
regular basis, applicants for admission with BCCs who wish to use the
document simply as a BCC, which authorizes them to stay in the United
States for up to 30 days, within 25 miles of the United States-Mexican
border (75 miles in parts of Arizona). This policy has allowed DHS to
take a measured approach to implementing US-VISIT at the land borders
and to ensure that US-VISIT processing does not have a negative impact
on the land border communities. However, even under this current
policy, an alien seeking admission with a BCC and not obtaining a Form
I-94 can still be required to undergo US-VISIT processing at the
discretion of the inspecting officer.
DHS requests public comment on all of these issues, but would
regard as most helpful comments on the ramifications of adding
additional classifications at land borders. DHS places a great deal of
importance on input from the public concerning the performance and
implementation of the US-VISIT program. In particular, DHS seeks input
on specific steps or milestones that should take place prior to
processing future additional classifications of aliens in US-VISIT at
land borders.
III. Regulatory Requirements
A. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), as amended
by the Small Business Regulatory Enforcement and Fairness Act of 1996
(SBREFA), requires an agency to prepare and make available to the
public a regulatory flexibility analysis that describes the effect of
the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). DHS has
considered the impact of this rule on small entities and has determined
that this rule will not have a significant economic impact on a
substantial number of small entities. The individual aliens to whom
this rule applies are not small entities as that term is defined in 5
U.S.C. 601(6). There is no change expected in any process as a result
of this rule that would have a direct effect, either positive or
negative, on a small entity. Accordingly, this rule will not have a
significant economic impact on a substantial number of small entities
and DHS does not believe that US-VISIT processing will impede the free
flow of travel and trade, especially such travel and trade relating
directly to small entities.
B. Executive Order 12866
Under section 3(f) of Executive Order 12866, ``Regulatory Planning
and Review,'' 58 FR 51735 (October 4, 1993) (as amended), DHS has
determined that this proposed rule is a ``significant regulatory
action'' because there is significant public interest in issues
pertaining to national security, immigration policy, and international
trade and travel relating to this proposed rule. Accordingly, this
proposed rule has been submitted to the Office of Management and Budget
(OMB) for review.
DHS currently processes through US-VISIT, using biometrics, all
aliens entering the United States with a nonimmigrant visa or under the
Visa Waiver Program at any air, sea, or land port of entry. As of May
25, 2006, US-VISIT biometric screening has resulted in DHS's ability to
take adverse action against 1160 aliens whose prior criminal actions
rendered the alien ineligible for admission or who pose a security
threat to the United States. This proposed rule will strengthen the
ability of CBP officers to identify and take action against persons
whose conduct renders them security threat and therefore ineligible for
admission. For example, DHS expects that, just as 1160 nonimmigrants
have been intercepted by DHS using the biometric screening of US-VISIT,
additional individuals applying for admission with permanent resident
cards or reentry permits will be found, by the comparison of biometric
identifiers, to have violated the terms of their permanent resident
status. Such violations may be the result of the commission of various
crimes, tampering with the actual permanent resident card, or
attempting to gain entry by attempting to assume the identity of
another LPR. Such violations could ultimately result in the LPR losing
permanent resident status and possible removal from the United States,
or the exclusion or removal of an individual from the United States for
fraud. Based on the number of permanent resident cards that are seized
by CBP officers at ports of entry (approximately 15,000 in FY 2005) and
DHS Forensic Document Laboratory analyses each month (approximately
250), DHS estimates that US-VISIT biometric screening has the potential
to identify a significant number of aliens each month in need of
additional investigation prior to being admitted to the United States.
In addition, based on the numbers of refugee travel documents (519) and
immigrant visas (2,287) that CBP officers intercepted in attempts to
use the documents fraudulently by aliens during FY2005, US-VISIT
estimates that interception of fraudulently used documents will
increase with the introduction of biometric verification of identity.
DHS expects similar results--an increase in the number of aliens
identified with possible admission-related or immigration problems--by
including the other groups of aliens highlighted in this proposed rule
into the US-VISIT biometric screening protocol. For example, aliens
holding immigrant visas have a six-month
[[Page 42609]]
validity window from the date the visa is issued to arrive in the
United States. Events could occur during this time period that could
result in the alien being found inadmissible to the United States that
might only be discovered as the result of biometric comparisons. Over
the last several years, over one million aliens have entered the United
States annually on immigrant visas.
Refugees and asylees--appearing before Government officers in many
instances without the benefit of even the most basic form of identity
documentation--potentially pose a risk to public safety and security.
In many instances, the United States Government is providing these
individuals with a new identity. It is important to recognize that for
refugees and asylees, US-VISIT will be verifying the identity of these
aliens by comparing the biometrics collected at the time of an
application for admission to the United States with the biometrics that
were already collected during the initial refugee or asylee
adjudication process.
Similarly, aliens paroled into the United States warrant the
additional screening derived by using US-VISIT. While the majority of
these aliens have been screened overseas in order to determine whether
a parole should be granted, it is in the security interest of the
United States to verify that the individuals who arrive at the border
are the same individuals screened for parole. Approximately 150,000
aliens are granted parole into the United States each year.
The costs associated with implementation of this proposed rule for
select travelers not otherwise exempt from US-VISIT requirements
include an increase of approximately 15 seconds in initial inspection
processing time (additional biometric collection) per applicant over
the current average inspection time. No significant difference is
anticipated in the processing of an alien traveling with a visa or
under the VWP, as compared to any other alien who is exempted from the
visa requirements. These ports of entry encompass over 99% of all air
and sea border traffic and over 95% of all land border traffic for
these alien classifications. DHS, through CBP, has carefully monitored
the impact of US-VISIT biometric data collection on the inspection of
applicants for admission at air, sea, and land borders. At air and sea
ports, internal studies have established that the biometric collection
adds no more than 15 seconds on average to the inspection processing
time at primary inspection. At land border ports, internal studies have
shown positive results, and in some POEs the amount of time to process
an alien for admission using the US-VISIT process was actually shorter
than it had been previously due to the automation of data collection
and implementation of a standard process. A close examination of the
first three land ports of entry to begin US-VISIT biometric collection
as part of admission found that the average processing time for
applicants requiring a Form I-94 or Form I-94W actually decreased and
sometimes resulted in significantly reduced processing times.
----------------------------------------------------------------------------------------------------------------
Average form I-94 processing
Port of entry time before implementing US- Average form I-94 processing time after
VISIT implementing US-VISIT
----------------------------------------------------------------------------------------------------------------
Port Huron, MI....................... 11 minutes, 42 seconds....... 9 minutes, 58 seconds.
Douglas, AZ.......................... 4 minutes, 16 seconds........ 3 minutes, 12 seconds.
Laredo, TX........................... 12 minutes, 10 seconds....... 2 minutes, 18 seconds.
----------------------------------------------------------------------------------------------------------------
Accordingly, DHS does not believe that US-VISIT processing impedes
the free flow of travel and trade.
In addition, over time, the efficiency with which the process is
employed will increase, and the process can be expected to further
improve. DHS will not apply this rule to all aliens crossing land
borders until technological advancements are identified, tested, and
implemented to ensure that the land border commerce and traffic
concerns are significantly mitigated. DHS may choose to implement this
rule in the air and sea environment before the land border environment.
As mentioned in the August 31, 2004, rule, DHS has developed a number
of mitigation strategies, not unlike those already available to CBP
under other conditions to mitigate delays. DHS, while not anticipating
significant delays for travelers, will nevertheless develop procedures
and strategies to deal with any significant delays that may occur
through unanticipated and unusually heavy travel periods.
C. Executive Order 13132
Executive Order 13132 requires DHS to develop a process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
Such policies are defined in the Executive Order to include rules that
have ``substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
DHS has analyzed this proposed rule in accordance with the
principles and criteria in the Executive Order and has determined that
this proposed rule would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, DHS has determined that this
proposed rule does not have federalism implications. This rule provides
for the collection by the Federal Government of biometric identifiers
from certain aliens seeking to enter or depart from the United States,
for the purpose of improving the administration of federal immigration
laws and for national security. States do not conduct activities with
which the provisions of this specific rule would interfere.
D. Executive Order 12988
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988. That Executive
Order requires agencies to conduct reviews, before proposing
legislation or promulgating regulations, to determine the impact of
those proposals on civil justice and potential issues for litigation.
The Order requires that agencies make reasonable efforts to ensure that
the regulation clearly identifies preemptive effects, effects on
existing federal laws and regulations, identifies any retroactive
effects of the proposal, and other matters. DHS has determined that
this regulation meets the requirements of Executive Order 12988 because
it does not involve retroactive effects, preemptive effects, or other
matters addressed in the Order.
E. Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA),
Public Law 104-4, 109 Stat. 48 (March
[[Page 42610]]
22, 1995) (2 U.S.C. 1501 et seq.), requires Federal agencies to prepare
a written assessment of the costs, benefits, and other effects of
proposed or final rules that include a Federal mandate likely to result
in the expenditure by State, local, or tribal governments, in the
aggregate, or by the private sector of more than $100 million in any
one year (adjusted for inflation with 1995 base year). Before
promulgating a rule for which a written statement is needed, section
205 of the UMRA requires DHS to identify and consider a reasonable
number of regulatory alternatives and to adopt the least costly, most
cost-effective, or least burdensome option that achieves the objective
of the rule. Section 205 allows DHS to adopt an alternative, other than
the least costly, most cost-effective, or least burdensome option if
DHS publishes an explanation with the final rule. This proposed rule
will not result in the expenditure, by State, local or tribal
governments, or by the private sector, of more than $100 million
annually. Thus, DHS is not required to prepare a written assessment
under UMRA.
F. Small Business Regulatory Enforcement Fairness Act of 1996
This proposed rule is not a major rule as defined by section 251 of
the Small Business Regulatory Enforcement Fairness Act of 1996, 5
U.S.C. 804, as this proposed rule will not result in an annual effect
on the economy of $100 million or more.
G. Trade Impact Assessment
The Trade Impact Agreement Act of 1979, Public Law 96-39, tit IV,
secs. 401-403, 93 Stat. 242 (July 26, 1979), as amended (19 U.S.C.
2531-2533), prohibits Federal agencies from engaging in any standards
or related activities that create unnecessary obstacles to the foreign
commerce of the United States. Legitimate domestic objectives, such as
safety, are not considered unnecessary obstacles. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for United States standards. DHS
has determined that this proposed rule will not create unnecessary
obstacles to the foreign commerce of the United States and that any
minimal impact on trade that may occur is legitimate in light of this
rule's benefits for the national security and public safety interests
of the United States. In addition, DHS notes that this effort considers
and utilizes international standards concerning biometrics, and will
continue to consider these standards when monitoring and modifying the
program.
H. National Environmental Policy Act of 1969
DHS will analyze the actions contained in this proposed rule for
purposes of complying with the National Environmental Policy Act of
1969 (NEPA), 42 U.S.C. 4321 et seq., and Council on Environmental
Quality (CEQ) regulations, 40 CFR parts 1501-1508. Depending upon the
environmental impacts, DHS will conduct the appropriate level of
analysis in accordance with NEPA.
I. Paperwork Reduction Act
This proposed rule establishes the process by which DHS will
require certain aliens who cross the borders of the United States to
provide fingerprints, photograph(s), and potentially other biometric
identifiers upon their arrival and departure at designated ports. These
requirements constitute an information collection under the Paperwork
Reduction Act (PRA), 44 U.S.C. 507 et seq. OMB, in accordance with the
Paperwork Reduction Act, has previously approved this information
collection for use. The OMB Control Number for this collection is 1600-
0006.
Since this rule provides a mechanism for the addition of new aliens
by Notice in the Federal Register who may be photographed and
fingerprinted, and who may be required to provide other biometric
identifiers, DHS has submitted the required Paperwork Reduction Change
Worksheet (OMB-83C) to the Office of Management and Budget (OMB)
reflecting the increase in burden hours and OMB has approved the
changes.
J. Public Privacy Interests
As discussed in the January 5, 2004, (69 FR 468) and August 31,
2004, (69 FR 53318) interim rules, US-VISIT records will be protected
consistent with all applicable privacy laws and regulations. Personal
information will be kept secure and confidential and will not be
discussed with, nor disclosed to, any person within or outside US-VISIT
other than as authorized by law and as required for the performance of
official duties. In addition, careful safeguards, including appropriate
security controls, will ensure that the data is not used or accessed
improperly. The DHS Chief Privacy Officer will review pertinent aspects
of the program to ensure that these proper safeguards and security
controls are in place. The information will also be protected in
accordance with the DHS published privacy policy for US-VISIT. Affected
persons will have a three-stage process for redress if there is concern
about the accuracy of information. An individual may request a review
or change, or a DHS officer may determine that an inaccuracy exists in
a record. A DHS officer can modify the record. If the individual
remains dissatisfied with this response, he or she can request
assistance from the US-VISIT Privacy Officer, and can ask that the
Privacy Officer review the record and address any remaining concerns.
The DHS Privacy Office will advise US-VISIT to further ensure that
the information collected and stored in IDENT and other systems
associated with US-VISIT is being properly protected under the privacy
laws and guidance. US-VISIT also has a program-dedicated Privacy
Officer to handle specific inquiries and to provide additional advice
concerning the program.
Finally, DHS will maintain secure computer systems that will ensure
that the confidentiality of an individual's personal information is
maintained. In doing so, the Department and its information technology
personnel will comply with all laws and regulations applicable to
government systems, such as the Federal Information Security Management
Act of 2002, Title X, Public Law 107-296, 116 Stat. 2259-2273 (Nov. 25,
2002) (codified in scattered sections of titles 6, 10, 15, 40, and 44
U.S.C.); Information Management Technology Reform Act (Clinger-Cohen
Act), 40 U.S.C. 11101 et seq.; Computer Security Act of 1987, 40 U.S.C.
1441 et seq. (as amended); Government Paperwork Elimination Act, 44
U.S.C. 101, 3504; and Electronic Freedom of Information Act of 1996, 5
U.S.C. 552.
List of Subjects
8 CFR Part 215
Administrative practice and procedure, Aliens, Travel restrictions.
8 CFR Part 235
Aliens, Immigration, Registration, Reporting and recordkeeping
requirements.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is proposed to be amended as follows:
PART 215--CONTROL OF ALIENS DEPARTING FROM THE UNITED STATES
1. The authority citation for part 215 continues to read as
follows:
Authority: 8 U.S.C. 1104; 1184; 1185 (pursuant to E.O. 13323,
published January 2, 2004), 1365a and note, 1379, 1731-32.
[[Page 42611]]
2. Section 215.8 is proposed to be amended by revising paragraph
(a)(1) as follows:
Sec. 215.8 Requirements for biometric identifiers from aliens on
departure from the United States.
(a)(1) The Secretary of Homeland Security, or his designee, may
establish pilot programs at land border ports of entry, and at up to
fifteen air or sea ports of entry, designated through notice in the
Federal Register, through which the Secretary or his delegate may
require an alien admitted to or paroled into the United States, other
than aliens exempted under paragraph (a)(2) of this section or Canadian
citizens under section 101(a)(15)(B) of the Act who were not otherwise
required to present a visa or have been issued Form I-94 or Form I-95
upon arrival at the United States, who departs the United States from a
designated port of entry, to provide fingerprints, photograph(s) or
other specified biometric identifiers, documentation of his or her
immigration status in the United States, and such other evidence as may
be requested to determine the alien's identity and whether he or she
has properly maintained his or her status while in the United States.
* * * * *
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
3. The authority citation for part 235 continues to read as
follows:
Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant to
E.O. 13323 published on January 2, 2004), 1201, 1224, 1225, 1226,
1228, 1365a note, 1379, 1731-32.
4. Sections 235.1 is proposed to be amended by revising paragraphs
(d)(1)(ii) as follows:
Sec. 235.1 Scope of examination.
* * * * *
(d) * * *
(1) * * *
(ii) The Secretary of Homeland Security or his delegate may require
any alien seeking admission to or parole into the United States, other
than aliens exempted under paragraph (d)(1)(iv) of this section or
Canadian citizens under section 101(a)(15)(B) of the Act who are not
otherwise required to present a visa or be issued Form I-94 or Form I-
95 for admission or parole into the United States, to provide
fingerprints, photograph(s) or other specified biometric identifiers,
documentation of his or her immigration status in the United States,
and such other evidence as may be requested to determine the alien's
identity and whether he or she has properly maintained his or her
status while in the United States. The failure of an applicant for
admission to comply with any requirement to provide biometric
identifiers may result in a determination that the alien is
inadmissible under section 212(a) of the Immigration and Nationality
Act or any other law.
* * * * *
Dated: July 13, 2006.
Michael Chertoff,
Secretary.
[FR Doc. E6-11993 Filed 7-26-06; 8:45 am]
BILLING CODE 4410-10-P
