Agency Information Collection Activities: Generic Clearance for the Collection of Social Media Information on Immigration and Foreign Travel Forms, 46557-46561 [2019-19021]

Download as PDF Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Notices to FAS citizens admitted under the COFAs. Prior to the enactment of the REAL ID Modification Act, FAS citizens were only eligible for temporary REAL ID driver’s licenses and identification cards, valid during the period of the applicant’s authorized stay in the United States or for one year where there is no definite end to the period of authorized stay, which is the case for FAS citizens.4 The REAL ID Modification Act amended the REAL ID Act to create a separate lawful status category for FAS citizens to make them eligible for full-term driver’s licenses and identification cards. It did not, however, address the regulatory requirements regarding acceptable documentation to establish identity for purposes of obtaining a REAL ID compliant license or identification card. D. REAL ID Identity Documents for FAS Citizens The REAL ID regulations require applicants for REAL ID compliant licenses or identification cards to present at least one of several listed documents for purposes of establishing identity.5 For nonimmigrants, these documents could be either an unexpired foreign passport with a valid unexpired U.S. visa affixed, and an approved I–94 form; or an unexpired employment authorization document (EAD) issued by DHS.6 Under the Compacts of Free Association between the United States and the FAS, most FAS citizens are eligible to be admitted to the United States as nonimmigrants without a visa, and live and work in the United States indefinitely. As such, FAS citizens who are lawfully living and working in the United States under the terms of the Compacts may not have a visa or EAD, which would be necessary to satisfy the identity requirements in order to obtain a REAL ID compliant license or identification card.7 ID Act § 202(c)(2)(C)(ii). CFR 37(c)(1). 6 The source documents listed in 6 CFR 37.11(c)(1) are all acceptable, but most nonimmigrants do not have access to the other source documents listed. They are limited to the options of an unexpired EAD, or an unexpired foreign passport with a valid U.S. visa affixed with an approved Form I–94, per 6 CFR 37.11(c)(1)(v)– (vi). Most nonimmigrants are not eligible for an EAD (because either they are not eligible to be employed in the United States, or because they are authorized for employment with a specific employer incident to status and are not issued an EAD), but FAS nonimmigrants under the COFAs may apply for an EAD as evidence of their work authorization in the United States. 7 Citizens of all three FAS nations admitted under the Compacts are authorized to work incident to that status, i.e., they can obtain an EAD as evidence of work authorization but do not need to obtain one in order to be authorized to work. Under the II. Designation of Identity Documents for FAS Citizens The REAL ID regulations, at 6 CFR 37.11(c)(1)(x), authorize DHS to designate additional identity documents through a Federal Register notice. Pursuant to that authority, DHS is designating the following documentation as acceptable evidence of identity for purposes of 6 CFR 37.11(c)(1): A valid unexpired passport issued by the Republic of the Marshall Islands, the Republic of Palau, or the Federated States of Micronesia with an approved Form I–94,8 documenting the applicant’s most recent admission to the United States under the Compact of Free Association between the United States and the nation that issued the passport. DHS believes it is appropriate to designate this identity documentation for FAS citizens given the unique relationship between the United States and the FAS and considering that to live and work for indefinite periods, FAS citizens are not required to obtain a visa or EAD, which are documents currently required to establish identity for REAL ID purposes. DHS also believes the designation is consistent with the intent of Congress to facilitate the issuance of REAL ID licenses and identification cards to FAS citizens as demonstrated by enactment of the REAL ID Modification Act. This accommodation for FAS citizens also is consistent with the spirit of the COFAs, although it is not required under any provision of the COFAs. David Pekoske, Senior Official Performing the Duties of the Deputy Secretary. [FR Doc. 2019–19024 Filed 9–3–19; 8:45 am] BILLING CODE 9110–9M–P 4 REAL jbell on DSK3GLQ082PROD with NOTICES 56 VerDate Sep<11>2014 19:08 Sep 03, 2019 Jkt 247001 amended Compacts with the Federated States of Micronesia and the Republic of the Marshall Islands, an unexpired passport and I–94 combination is acceptable evidence of identity and employment authorization. As a result, many FAS citizens do not find it necessary to obtain an EAD in order to exercise their right to work in the United States, although some may still find it more convenient to obtain and use an EAD for this purpose, since many employers are much more familiar with the EAD and/or the individual’s passport may have expired. The Palau compact does not include this provision, so as a practical matter, Palau citizens are more likely to need to obtain an EAD in order to exercise their right to work in the United States. 8 See 8 CFR 1.4 for a definition of Form I–94. PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 46557 DEPARTMENT OF HOMELAND SECURITY [Docket Number DHS–2019–0044] Agency Information Collection Activities: Generic Clearance for the Collection of Social Media Information on Immigration and Foreign Travel Forms Department of Homeland Security (DHS). ACTION: 60-Day notice and request for comments; new collection, 1600–NEW. AGENCY: The Department of Homeland Security (DHS) invites the general public and other Federal agencies to comment upon this proposed new collection of information. In accordance with the Paperwork Reduction Act of 1995, the information collection notice is published in the Federal Register to obtain comments regarding proposed modifications to certain DHS immigration and foreign travel forms. This collection of information is necessary to comply with Section 5 of the Executive Order (E.O.) 13780, ‘‘Protecting the Nation from Foreign Terrorist Entry into the United States’’ to establish screening and vetting standards and procedures to enable DHS to assess an alien’s eligibility to travel to or be admitted to the United States or to receive an immigration-related benefit from DHS. This data collection also is used to validate an applicant’s identity information and to determine whether such travel or grant of a benefit poses a law enforcement or national security risk to the United States. DATES: Comments are encouraged and will be accepted until November 4, 2019. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: You may submit comments, identified by docket number Docket # DHS–2019–0044, at: Æ Federal eRulemaking Portal: http:// www.regulations.gov. Please follow the instructions for submitting comments. The draft supporting statement for this new collection is posted in the docket for review. Instructions: All submissions received must include the agency name and docket number Docket #DHS–2019– 0044. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. SUMMARY: SUPPLEMENTARY INFORMATION: E:\FR\FM\04SEN1.SGM 04SEN1 46558 Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Notices Background Executive Order (E.O.) 13780, ‘‘Protecting the Nation from Foreign Terrorist Entry into the United States’’ requires the implementation of uniform vetting standards and the proper collection of all information necessary for a rigorous evaluation of all grounds of inadmissibility or bases for the denial of immigration-related benefits. See 82 FR 13209 (Mar. 9, 2017). The E.O. requires the Department of Homeland Security (DHS) to collect standard data on immigration and foreign traveler forms and/or information collection systems. This data will be collected from certain populations on applications for entrance into the United States or immigration-related benefits and is necessary for identity verification, vetting and national security screening and inspection conducted by DHS. This collection of information is necessary to comply with Section 5 of the E.O. to establish screening and vetting standards and procedures to enable DHS to assess an alien’s eligibility to travel to or be admitted to the United States or to receive an immigration-related benefit from DHS. This data collection also is used to validate an applicant’s identity information and to determine whether such travel or grant of a benefit poses a law enforcement or national security risk to the United States. DHS will collect biographic information on immigration and foreign traveler information collection instruments and systems. DHS will update its forms and systems to collect information from individuals who seek admissibility or other benefits when that information is not already collected. jbell on DSK3GLQ082PROD with NOTICES New Information To Be Collected U.S. Government departments and agencies involved in screening and vetting, to include DHS, identified the collection of social media user identifications (also known as usernames, identifiers, or ‘‘handles’’) and associated publicly available social media platforms used by the applicant during the past five years, as important for identity verification, immigration and national security vetting. For DHS, these data elements will be added to certain immigration benefit request or traveler forms where the information was not already collected. For the purposes of this information collection, DHS defines publicly available social media information as any electronic social media information that has been published or broadcast for public consumption, is available on VerDate Sep<11>2014 19:08 Sep 03, 2019 Jkt 247001 request to the public, is accessible online to the public, is available to the public by subscription or purchase, or is otherwise lawfully accessible to the public without establishing a direct relationship (e.g., ‘‘friend’’, ‘‘follow’’, ‘‘connect’’).1 Social media takes many different forms, including but not limited to web-based communities and hosted services, social networking sites, video and photo sharing sites, blogs, virtual worlds, social bookmarking and other emerging technologies. This collection of information is necessary to enable DHS to assess an alien’s eligibility to travel to or be admitted to the United States or to receive an immigration-related benefit from DHS. DHS currently uses publicly available social media information to support its vetting and adjudication programs, and to supplement other information and tools that DHS trained personnel regularly use in the performance of their duties. This process includes a labor-intensive step to validate that the identified social media is correctly associated with the applicant. The collection of applicants’ social media identifiers and associated platforms will assist DHS by reducing the time needed to validate the attribution of the publicly-available posted information to the applicant and prevent mis-associations. It will provide trained DHS adjudication personnel with more timely visibility of the publicly available information on the platforms provided by the applicant. Social media may help distinguish individuals of concern from applicants whose information substantiates their eligibility for travel or an immigration benefit. Social media can provide positive, confirmatory information to verify identity and support a beneficiary’s or traveler’s application, petition, or claims. It can also be used to identify potential deception, fraud, or previously unidentified national security or law enforcement concerns, such as when criminals and terrorists have provided otherwise unavailable information via social media, that identified their true intentions, including support for terrorist organizations. DHS will collect social media user identifications (also known as usernames, identifiers, or ‘‘handles’’) and associated social media platforms used by the applicant during the past five years on certain immigration and foreign traveler collection instruments and systems identified in this supporting statement, designated from investigative and/or intelligence based criteria.2 DHS is seeking this information, covering the previous five year period, to assist with identity verification, and consistency with other U.S. Government data collections for immigrant and non-immigrant visas. DHS will not collect social media passwords. DHS personnel will review information on social media platforms in a manner consistent with the privacy settings the applicant has chosen to adopt for those platforms. Only that information which the account holder has allowed to be shared publicly will be viewable by DHS. DHS is committed to upholding the highest standards of conduct throughout the Department. Existing DHS policy prohibits the consideration of race or ethnicity in our investigation, screening, and enforcement activities in all but the most exceptional instances. This policy is reaffirmed in manuals, policies, directives, and guidelines. CBP is committed to the fair, impartial and respectful treatment of all members of the trade and traveling public, and has memorialized its commitment to nondiscrimination in existing policies, including the February 2014 CBP Policy on Nondiscrimination in Law Enforcement Activities and all other Administered Programs. This policy prohibits the consideration of race or ethnicity in law enforcement, investigation, and screening activities, in all but the most exceptional circumstances. CBP’s Standards of Conduct further highlights CBP’s prohibition on biasmotivated conduct and explicitly requires that ‘‘Employees will not act or fail to act on an official matter in a manner which improperly takes into consideration an individual’s race, color, age, sexual orientation, religion, sex, national origin, or disability . . .’’ The USCIS Policy Manual, Chapter 1, provides guidance principles for achieving its customer service policy goals.3 The policy provides that USCIS will: 1 Publicly available social media does not require a user to purchase or otherwise pay for a subscription of use and does not require an invitation from a user to join or the establishment of a relationship (e.g., ‘‘friend,’’ ‘‘follow,’’ ‘‘connect’’) to otherwise access information. Publicly available social media may require a user to create an account in order to access services and related content. 2 For the purposes of this supporting statement and the associated DHS forms, ‘‘user identifications’’ are defined as usernames, handles, screen names, or other identifiers associated with an individual’s online presence and social media profile. Passwords are not considered user identifications and will not be collected. 3 https://www.uscis.gov/policymanual/HTML/ PolicyManual-Volume1-PartA-Chapter1.html. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1 Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES • Approach each case objectively and adjudicate each case in a thorough and fair manner. • Carefully administer every aspect of its immigration mission so that its customers can hold in high regard the privileges and advantages of U.S. immigration. • Demonstrate respect for its customers. • Be responsive to customers’ inquiries and provide information and services that demonstrate courtesy and cultural awareness. • Through its service, be an example of how to treat customers with respect, courtesy, and dignity. • Administer the immigration laws, regulations, and policies in a consistent manner. Consistent with the requirements of the Privacy Act, DHS does not maintain records ‘‘describing how any [citizen of the United States or alien lawfully admitted for permanent residence] exercises rights guaranteed by the First Amendment, unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity.’’ 5 U.S.C. 552a(e)(7) Although such collection of social media user identifications is ‘mandatory’ to complete the DHS forms, it is not required to obtain or retain a benefit.4 However, for CBP’s ESTA, and EVUS forms, the applicant will be unable to submit the online application if they do not provide a response to the mandatory social media field. Nonetheless, the applicant may proceed if they answer none or other. 8 CFR 103.2(a)(1) provides that forms must be completed in accordance with form instructions. CBP will continue to adjudicate a form where social media information is not answered, but failure to provide the requested data may either delay or make it impossible for CBP to determine an individual’s eligibility for the requested benefit. For USCIS, the proposed information collection for social media information is not ‘‘mandatory’’ in the sense that an application will be denied or rejected based solely on the lack of a response. USCIS will continue to adjudicate a form where social media information is not answered, but failure to provide the 4 Pursuant to 5 CFR 1320.8(b)(3)(iv), agencies are required to ‘‘inform [ ] and provide reasonable notice to the potential persons to whom the collection of information is addressed of—Whether responses to the collection of information are voluntary, required to obtain or retain a benefit [ ], or mandatory [ ]’’ pursuant to the authorities cited herein. VerDate Sep<11>2014 19:08 Sep 03, 2019 Jkt 247001 requested data may either delay or make it impossible for USCIS to determine an individual’s eligibility for the requested benefit. Applicants for CBP and USCIS benefits must certify on the respective forms that the information submitted is true and correct to the best of the applicant’s knowledge and belief. The following social media questions will appear on electronic forms: Please enter information associated with your online presence over the past five years: • Provider/Platform (dropdown bar will provide multiple choices, including ‘‘Other’’, and ‘‘None’’ for those who do not use the platforms listed): • Social Media Identifier(s) over the past five years (free text field for applicant to enter information): The forms will allow the applicant to provide as many platforms and identifiers as necessary. 46559 YOUKU YOUTUBE The platforms selected represent those which are among the most popular on a global basis. The platforms listed may be updated by the Department by adding or removing platforms in order to evolve the U.S. Government’s uniform vetting with emerging communication technologies and common usage; therefore, the list will change over time. These changes will be made on a periodic basis under this generic clearance. Platform changes will be submitted to OMB for approval prior to inclusion. OMB will review to make sure that such suggested new platforms meet the description of public-facing social media handles contained above. Programs Affected, OMB Control Numbers and Legal Authorities for the Collections DHS plans to collect the data Paper Forms elements for three programs/forms administered by U.S. Customs and Please enter information associated with your online presence over the past Border Protection (CBP). The three CBP programs/forms, and the applicable five years: statutory and regulatory authorities to Provider/Platform: (a list will be provided collect the additional information are as including ‘‘Other’’, and ‘‘None’’ for those follows: who do not use the platforms listed)llll • OMB No. 1651–0111—Electronic llllll Social Media Identifier(s): llllllll System for Travel Authorization (ESTA): Collection of data through this A sufficient amount of space on the form is authorized by Section 711 of paper form will be provided to allow the The Secure Travel and Counterterrorism applicant appropriate room to provide Partnership Act of 2007 (part of the all necessary platforms/identifiers. Implementing Recommendations of the The request for social media 9/11 Commission Act of 2007, also platforms, providers, and websites will known as the ‘‘9/11 Act,’’ Pub. L. 110– focus on those fora that the individual 53). The authorities for the maintenance uses to collaborate, share information of this system are found in: Title IV of and interact with others.5 the Homeland Security Act of 2002, 6 The initial list of social media U.S.C. 201 et seq., the Immigration and platforms featured on DHS forms will be Nationality Act, as amended, including as follows: 8 U.S.C. 1187(a)(11) and (h)(3); 8 CFR part 217; the Travel Promotion Act of ASK FM DOUBAN 2009, Public Law 111–145, 22 U.S.C. FACEBOOK 2131. • OMB No. 1651–0111—Form I–94W FLICKR Nonimmigrant Visa Waiver Arrival/ INSTAGRAM LINKEDIN Departure Record: Collection of data MYSPACE through this form is authorized by 8 PINTEREST U.S.C. 1103, 1187 and 8 CFR 235.1, 264, QZONE (QQ) and 1235.1. REDDIT • OMB No. 1651–0139—Electronic SINA WEIBO Visa Update System (EVUS): Collection TENCENT WEIBO of data through this form is authorized TUMBLER by INA section 104(a) (8 U.S.C. 1104(a)). TWITTER The authorities for the maintenance of TWOO this system are found in: Title IV of the VINE Homeland Security Act of 2002, 6. VKONTAKTE (VK) U.S.C. 201 et seq., the Immigration and National Act, as amended, including 5 Non-social media websites, such as those for sections 103 (8 U.S.C. 1103), 214 (8 applicants to carry out financial transactions, U.S.C. 1184), 215 (8 U.S.C. 1185), and medical appointment and records, homeowner’s 221 (8 U.S.C. 1201); 8 CFR part 2; the associations, travel, and tourism are not germane to this information collection. Travel Promotion Act of 2009, Public PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1 46560 Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES Law 111–145, 22 U.S.C. 2131; and 8 CFR parts 212, 214, 215, and 273. CBP has the following statutory and regulatory authorities, as an agency of the U.S. Government, to collect social media information from applicants for travel benefits: • CBP is responsible for preventing the entry of terrorists and instruments of terrorism into the United States, securing the borders, and enforcing the immigration laws.6 To exercise its authority with respect to both inbound and outbound border crossings of U.S. citizens and aliens alike, CBP gathers information about individuals who may seek entry into the United States. CBP’s general law enforcement authorities empower it to gather information, including information found via social media, which is relevant to its enforcement missions.7 For example, under the Immigration and Nationality Act (INA) (Pub. L. 89–236), CBP Officers, Border Patrol Agents, and other immigration officers have authority to, among other things, ‘‘take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States; or concerning any matter which is material or relevant to the enforcement of the [INA] and the administration of the immigration and naturalization functions of the Department.’’ 8 • Under this broad authority to take and consider ‘‘evidence,’’ CBP may use information obtained from social media where relevant to its immigration enforcement mission under Title 8 of the U.S. Code. Further, should the facts and circumstances of a particular investigation so require, CBP may also use social media in connection with its extensive customs enforcement authorities under title 19 of the U.S. Code.9 6 See Homeland Security Act 402, 6 U.S.C. 202, and 6 U.S.C. 211. 7 See, e.g., 8 U.S.C. 1357(b). 8 8 CFR 287.5(a)(2); see also id. § 287.2 (‘‘Whenever a special agent in charge, port director, or chief patrol agent has reason to believe that there has been a violation punishable under any criminal provision of the immigration and nationality laws administered or enforced by the Department, he or she shall immediately initiate an investigation to determine all the pertinent facts and circumstances and shall take such further action as he or she deems necessary.’’). CBP Officers have the responsibility to elicit sufficient information to determine whether an applicant is legally admissible or inadmissible. If an applicant refuses to answer sufficiently for the Officer to find the individual admissible, the individual will be inadmissible. 9 See, e.g., 19 U.S.C. 1436, 1592, & 1595. As noted above with respect to the INA, CBP has authority to enforce these and other customs statutes; therefore, it may utilize social media when conducting authorized operations or investigations related to its customs enforcement mission. VerDate Sep<11>2014 19:08 Sep 03, 2019 Jkt 247001 DHS plans to collect the new data elements for nine programs administered by U.S. Citizenship and Immigration Services (USCIS). The nine USCIS programs, and the applicable statutory and regulatory authorities to collect the additional information area as follows: USCIS has the following statutory and regulatory authorities to collect additional biographic data information on the following forms: • OMB No. 1615–0052—Form N–400, Application for Naturalization: Collection of data through this form is authorized by INA section 337 [8 U.S.C. 1448]; 8 U.S.C. 1421; 8 CFR 316.4 and 8 CFR 316.10. • OMB No. 1615–0013—Form I–131, Application for Travel Document: Collection of data through this form is authorized by INA sections 103, 208, 212, 223 and 244; 8 CFR 103.2(a) and (e); 8 CFR 208.6; 8 CFR 244.16; Section 303 of Public Law 107–173. • OMB No. 1615–0017—Form I–192, Application for Advance Permission to Enter as a Nonimmigrant: Collection of data through this form is authorized by INA 212 [8 U.S.C. 1182]. • OMB No. 1615–0023—Form I–485, Application to Register Permanent Residence or Adjust status: Collection of data through this form is authorized by INA section 245, 8 U.S.C. 1255, Public Law 106–429, and section 902 of Public Law 105–277. • OMB No. 1615–0067—Form I–589, Application for Asylum and for Withholding of Removal: Collection of data through this form is authorized by INA sections 101(a)(42), 208(a) and (b), and 241(b)(3) and 8 CFR 208.6 and 1208.6. • OMB No. 1615–0068—Form I–590, Registration for Classification as Refugee: This information collection is authorized by INA section 207 (8 U.S.C. 1157) for a person who seeks refugee classification and resettlement in the United States. A refugee is defined in 8 U.S.C. 1101(a)(42) and Section 101(a)(42) of the Act. • OMB No. 1615–0037—Form I–730, Refugee/Asylee Relative Petition: This information collection is authorized by section 207(c)(2), and 208(c) of the INA (8 U.S.C. 1157 and 1158) for an asylee or refugee to request accompanying or following-to-join benefits for his or her spouse and unmarried minor child(ren). • OMB No. 1615–0038 –Form I–751, Petition to Remove Conditions on Residence: Collection of data through this form is authorized by INA section 216, 8 U.S.C. 1186(a); 8 CFR part 216. • OMB No. 1615–0045—Form I–829, Petition by Entrepreneur to Remove Conditions on Permanent Resident PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 Status: Collection of data through this form is authorized by INA section 203(b)(5), 8 U.S.C. 1153, and INA section 216(a), 8 U.S.C. 1186(b)]. USCIS, as a component of DHS, has the following statutory and regulatory authorities, to collect social media information from applicants for immigration benefits: • 8 C.FR 204.5(m)(12) and 214.2(r)(16) provide that, in the context of adjudicating an immigrant or nonimmigrant religious worker petition, USCIS may verify the supporting evidence submitted by the petitioner ‘‘through any means determined appropriate by USCIS,’’ including by ‘‘review of any other records that the USCIS considers pertinent to the integrity of the organization’’ with which the religious worker is affiliated. • 8 CFR 103.2(a)(1) requires that every benefit request be executed and filed in accordance with the form instructions and clarifies that ‘‘such instructions are incorporated into the regulations requiring its submission.’’ 10 DHS has additional statutory and regulatory authorities to secure the homeland and prevent terrorism, in addition to those cited above for CBP and USCIS. These include: • The Homeland Security Act, 2002, Public Law 107–296; • The Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004, Public Law 108–458; • Implementing Recommendations of the 9/11 Commission Act of 2007 (‘‘The 9/11 Act’’), Public Law 110–53; and • The Immigration and Nationality Act, as amended. Applicant information is collected to maintain a record of persons applying for specific immigration and other travel benefits, and to determine whether these applicants are eligible to receive the benefits for which they are applying. The information provided through DHS forms is also analyzed—along with other information that the Secretary of Homeland Security determines is necessary, including information about other persons included on the DHS forms—against various security and law enforcement databases to identify those applicants who may pose a security risk to the United States. To obtain approval for a collection that meets the 10 USCIS will modify the Applicant’s Certification section on the applicable USCIS forms and petitions to include the following text: ‘‘I also authorize USCIS to use publicly available social media information for verification purposes and to determine my eligibility for the immigration benefit that I seek. I further understand that USCIS is not requiring me to provide passwords; to log into a private account; or to take any action that would disclose non-publicly available social media information.’’ E:\FR\FM\04SEN1.SGM 04SEN1 Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES conditions of this generic clearance, a standardized form will be submitted to OMB along with supporting documentation (e.g., a copy of the updated application form). OMB will grant approval only if the agency demonstrates the collection of information complies with the specific circumstances laid out in this supporting statement. Confidentiality No assurance of confidentiality is provided. All data submitted under this collection will be handled in accordance with applicable U.S. laws and DHS policies regarding personally identifiable information. • Public Law 107–347, ‘‘EGovernment Act of 2002,’’ as amended, Section 208 [44 U.S.C. 3501 note] • Title 5, United States Code (U.S.C.), Section 552a, ‘‘Records maintained on individuals’’ [The Privacy Act of 1974, as amended]. • Title 6, U.S.C., Section 142, ‘‘Privacy officer.’’ • Title 44, U.S.C., Chapter 35, Subchapter II, ‘‘Information Security’’ [The Federal Information Security Modernization Act of 2014 (FISMA)]. • DHS Directive 047–01, ‘‘Privacy Policy and Compliance’’ (July 25, 2011). • DHS Instruction 047–01–001, ‘‘Privacy Policy and Compliance’’ (July 25, 2011). • Privacy Policy Guidance Memorandum 2008–01/Privacy Policy Directive 140–06, ‘‘The Fair Information Practice Principles: Framework for Privacy Policy at the Department of Homeland Security.’’ (December 29, 2008). • Privacy Policy Guidance Memorandum 2017–01, DHS Privacy Policy Regarding Collection, Use, Retention, and Dissemination of Personally Identifiable Information. (April 25, 2017). • Refugees and asylees are protected by the confidentiality provisions of 8 CFR 208.6; 8 U.S.C. 1103. • Aliens in TPS status have the confidentiality protections described in 8 CFR 244.16; 8 U.S.C. 1254a(c)(6). There are no confidentiality assurances for other aliens applying for the benefit. • The system of record notices associated with this information collection are: Æ DHS/USCIS/ICE/CBP–001 Alien File, Index, and National File Tracking System of Records, September 18, 2017, 82 FR 43556 (all USCIS forms). Æ DHS/USCIS–007 Benefits Information System, October 19, 2016, 81 FR 72069 (Forms N–400, I–131, I– 192, I–485, I–590, I–730, I–751, I–829). Æ DHS/USCIS–010 Asylum Information and Pre-Screening System VerDate Sep<11>2014 19:08 Sep 03, 2019 Jkt 247001 of Records November 30, 2015, 80 FR 74781 (Form I–589, Form I–730). Æ DHS/CBP–006 Automated Targeting System, May 22, 2012, 77 FR 30297 (Form I–192). Æ DHS/USCIS/ICE/CBP–001 Alien File, Index, and National File Tracking System of Records, November 21, 2013, 78 FR 69864; DHS/USCIS–010 Asylum Information and Pre-Screening System of Records, November 30, 2015, 80 FR 74781. Æ DHS/CBP–022 Electronic Visa Update System (EVUS) System of Records, September 1, 2016, 81 FR 60371 (EVUS Form); Final Rule for Privacy Exemptions, November 25, 2016, 81 FR 85105. Æ DHS/CBP–009 Electronic System for Travel Authorization (ESTA), September 2, 2016, 81 FR 60713 (ESTA Form); Final Rule for Privacy Act Exemptions, August 31, 2009 74 FR 45069. Æ DHS/CBP–016 Nonimmigrant Information System March 13, 2015, 80 FR 13398 (Form I–94W). Applicable USCIS Privacy Impact Assessments (PIA): Æ Refugee Case Processing PIA: https://www.dhs.gov/publication/ dhsuscispia-068-refugee-caseprocessing-and-security-vetting (July 21, 2017). Æ FDNS–DS: https://www.hsdl.org/ ?view&did=793268, May 18, 2016. Æ FDNS Directorate: https:// www.dhs.gov/sites/default/files/ publications/privacy-pia-uscis-fdnsnovember2016_0.pdf (December 16, 2014). Æ Asylum Division: https:// www.dhs.gov/sites/default/files/ publications/privacy-pia-uscis-asylumjuly2017_0.pdf (July 21, 2017). Applicable CBP Privacy Impact Assessments (PIA): Æ DHS/CBP/PIA–007 Electronic System for Travel Authorization (ESTA): https://www.dhs.gov/publication/ electronic-system-travel-authorization. Æ DHS/CBP/PIA–033 Electronic Visa Update System (EVUS): https:// www.dhs.gov/publication/dhscbppia033-electronic-visa-update-system-evus. Æ DHS//CBP/PIA–006 Automated Targeting System (ATS): https:// www.dhs.gov/publication/automatedtargeting-system-ats-update. Æ DHS/CBP/PIA–016 I–94 website Application: https://www.dhs.gov/ publication/us-customs-and-borderprotection-form-i-94-automation. This is a new generic clearance. This request will be submitted to the Office of Management and Budget, Office of Information and Regulatory Affairs for review and approval as required by the Paperwork Reduction Act. This new PO 00000 Frm 00060 Fmt 4703 Sfmt 9990 46561 collection is necessary to meet the intent of E.O. 13780 (Section 5) to establish screening and vetting standards to assess an alien’s eligibility to travel to, be admitted to, or receive an immigration-related benefit from DHS. This information will be used to validate an applicant’s identity and determine whether entry to the U.S. or an immigration benefit for an individual poses a law enforcement or national security risk to the United States. DHS is particularly interested in comments which: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Analysis Agency: Department of Homeland Security DHS. Title: Generic Clearance for the Collection of Social Media Information on Immigration and Foreign Travel Forms. OMB Number: 1601–NEW. Frequency: On Occasion. Affected Public: Individuals. Number of Respondents: 33.380,888. Estimated Time Per Respondent: .083. Total Burden Hours: 12,374,078. Melissa Bruce, Executive Director, Business Management Office. [FR Doc. 2019–19021 Filed 9–3–19; 8:45 am] BILLING CODE 9110–9B–P E:\FR\FM\04SEN1.SGM 04SEN1

Agencies

[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Notices]
[Pages 46557-46561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19021]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number DHS-2019-0044]


Agency Information Collection Activities: Generic Clearance for 
the Collection of Social Media Information on Immigration and Foreign 
Travel Forms

AGENCY: Department of Homeland Security (DHS).

ACTION: 60-Day notice and request for comments; new collection, 1600-
NEW.

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SUMMARY: The Department of Homeland Security (DHS) invites the general 
public and other Federal agencies to comment upon this proposed new 
collection of information. In accordance with the Paperwork Reduction 
Act of 1995, the information collection notice is published in the 
Federal Register to obtain comments regarding proposed modifications to 
certain DHS immigration and foreign travel forms. This collection of 
information is necessary to comply with Section 5 of the Executive 
Order (E.O.) 13780, ``Protecting the Nation from Foreign Terrorist 
Entry into the United States'' to establish screening and vetting 
standards and procedures to enable DHS to assess an alien's eligibility 
to travel to or be admitted to the United States or to receive an 
immigration-related benefit from DHS. This data collection also is used 
to validate an applicant's identity information and to determine 
whether such travel or grant of a benefit poses a law enforcement or 
national security risk to the United States.

DATES: Comments are encouraged and will be accepted until November 4, 
2019. This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: You may submit comments, identified by docket number Docket 
# DHS-2019-0044, at:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Please follow the instructions for submitting comments. The draft 
supporting statement for this new collection is posted in the docket 
for review.
    Instructions: All submissions received must include the agency name 
and docket number Docket #DHS-2019-0044. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

SUPPLEMENTARY INFORMATION: 

[[Page 46558]]

Background

    Executive Order (E.O.) 13780, ``Protecting the Nation from Foreign 
Terrorist Entry into the United States'' requires the implementation of 
uniform vetting standards and the proper collection of all information 
necessary for a rigorous evaluation of all grounds of inadmissibility 
or bases for the denial of immigration-related benefits. See 82 FR 
13209 (Mar. 9, 2017). The E.O. requires the Department of Homeland 
Security (DHS) to collect standard data on immigration and foreign 
traveler forms and/or information collection systems. This data will be 
collected from certain populations on applications for entrance into 
the United States or immigration-related benefits and is necessary for 
identity verification, vetting and national security screening and 
inspection conducted by DHS.
    This collection of information is necessary to comply with Section 
5 of the E.O. to establish screening and vetting standards and 
procedures to enable DHS to assess an alien's eligibility to travel to 
or be admitted to the United States or to receive an immigration-
related benefit from DHS. This data collection also is used to validate 
an applicant's identity information and to determine whether such 
travel or grant of a benefit poses a law enforcement or national 
security risk to the United States.
    DHS will collect biographic information on immigration and foreign 
traveler information collection instruments and systems. DHS will 
update its forms and systems to collect information from individuals 
who seek admissibility or other benefits when that information is not 
already collected.

New Information To Be Collected

    U.S. Government departments and agencies involved in screening and 
vetting, to include DHS, identified the collection of social media user 
identifications (also known as usernames, identifiers, or ``handles'') 
and associated publicly available social media platforms used by the 
applicant during the past five years, as important for identity 
verification, immigration and national security vetting. For DHS, these 
data elements will be added to certain immigration benefit request or 
traveler forms where the information was not already collected.
    For the purposes of this information collection, DHS defines 
publicly available social media information as any electronic social 
media information that has been published or broadcast for public 
consumption, is available on request to the public, is accessible 
online to the public, is available to the public by subscription or 
purchase, or is otherwise lawfully accessible to the public without 
establishing a direct relationship (e.g., ``friend'', ``follow'', 
``connect'').\1\ Social media takes many different forms, including but 
not limited to web-based communities and hosted services, social 
networking sites, video and photo sharing sites, blogs, virtual worlds, 
social bookmarking and other emerging technologies.
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    \1\ Publicly available social media does not require a user to 
purchase or otherwise pay for a subscription of use and does not 
require an invitation from a user to join or the establishment of a 
relationship (e.g., ``friend,'' ``follow,'' ``connect'') to 
otherwise access information. Publicly available social media may 
require a user to create an account in order to access services and 
related content.
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    This collection of information is necessary to enable DHS to assess 
an alien's eligibility to travel to or be admitted to the United States 
or to receive an immigration-related benefit from DHS. DHS currently 
uses publicly available social media information to support its vetting 
and adjudication programs, and to supplement other information and 
tools that DHS trained personnel regularly use in the performance of 
their duties. This process includes a labor-intensive step to validate 
that the identified social media is correctly associated with the 
applicant. The collection of applicants' social media identifiers and 
associated platforms will assist DHS by reducing the time needed to 
validate the attribution of the publicly-available posted information 
to the applicant and prevent mis-associations. It will provide trained 
DHS adjudication personnel with more timely visibility of the publicly 
available information on the platforms provided by the applicant.
    Social media may help distinguish individuals of concern from 
applicants whose information substantiates their eligibility for travel 
or an immigration benefit. Social media can provide positive, 
confirmatory information to verify identity and support a beneficiary's 
or traveler's application, petition, or claims. It can also be used to 
identify potential deception, fraud, or previously unidentified 
national security or law enforcement concerns, such as when criminals 
and terrorists have provided otherwise unavailable information via 
social media, that identified their true intentions, including support 
for terrorist organizations.
    DHS will collect social media user identifications (also known as 
usernames, identifiers, or ``handles'') and associated social media 
platforms used by the applicant during the past five years on certain 
immigration and foreign traveler collection instruments and systems 
identified in this supporting statement, designated from investigative 
and/or intelligence based criteria.\2\ DHS is seeking this information, 
covering the previous five year period, to assist with identity 
verification, and consistency with other U.S. Government data 
collections for immigrant and non-immigrant visas. DHS will not collect 
social media passwords. DHS personnel will review information on social 
media platforms in a manner consistent with the privacy settings the 
applicant has chosen to adopt for those platforms. Only that 
information which the account holder has allowed to be shared publicly 
will be viewable by DHS.
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    \2\ For the purposes of this supporting statement and the 
associated DHS forms, ``user identifications'' are defined as 
usernames, handles, screen names, or other identifiers associated 
with an individual's online presence and social media profile. 
Passwords are not considered user identifications and will not be 
collected.
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    DHS is committed to upholding the highest standards of conduct 
throughout the Department. Existing DHS policy prohibits the 
consideration of race or ethnicity in our investigation, screening, and 
enforcement activities in all but the most exceptional instances. This 
policy is reaffirmed in manuals, policies, directives, and guidelines.
    CBP is committed to the fair, impartial and respectful treatment of 
all members of the trade and traveling public, and has memorialized its 
commitment to nondiscrimination in existing policies, including the 
February 2014 CBP Policy on Nondiscrimination in Law Enforcement 
Activities and all other Administered Programs. This policy prohibits 
the consideration of race or ethnicity in law enforcement, 
investigation, and screening activities, in all but the most 
exceptional circumstances.
    CBP's Standards of Conduct further highlights CBP's prohibition on 
bias-motivated conduct and explicitly requires that ``Employees will 
not act or fail to act on an official matter in a manner which 
improperly takes into consideration an individual's race, color, age, 
sexual orientation, religion, sex, national origin, or disability . . 
.''
    The USCIS Policy Manual, Chapter 1, provides guidance principles 
for achieving its customer service policy goals.\3\ The policy provides 
that USCIS will:
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    \3\ https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter1.html.

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[[Page 46559]]

     Approach each case objectively and adjudicate each case in 
a thorough and fair manner.
     Carefully administer every aspect of its immigration 
mission so that its customers can hold in high regard the privileges 
and advantages of U.S. immigration.
     Demonstrate respect for its customers.
     Be responsive to customers' inquiries and provide 
information and services that demonstrate courtesy and cultural 
awareness.
     Through its service, be an example of how to treat 
customers with respect, courtesy, and dignity.
     Administer the immigration laws, regulations, and policies 
in a consistent manner.

Consistent with the requirements of the Privacy Act, DHS does not 
maintain records ``describing how any [citizen of the United States or 
alien lawfully admitted for permanent residence] exercises rights 
guaranteed by the First Amendment, unless expressly authorized by 
statute or by the individual about whom the record is maintained or 
unless pertinent to and within the scope of an authorized law 
enforcement activity.'' 5 U.S.C. 552a(e)(7)
    Although such collection of social media user identifications is 
`mandatory' to complete the DHS forms, it is not required to obtain or 
retain a benefit.\4\ However, for CBP's ESTA, and EVUS forms, the 
applicant will be unable to submit the online application if they do 
not provide a response to the mandatory social media field. 
Nonetheless, the applicant may proceed if they answer none or other. 8 
CFR 103.2(a)(1) provides that forms must be completed in accordance 
with form instructions. CBP will continue to adjudicate a form where 
social media information is not answered, but failure to provide the 
requested data may either delay or make it impossible for CBP to 
determine an individual's eligibility for the requested benefit.
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    \4\ Pursuant to 5 CFR 1320.8(b)(3)(iv), agencies are required to 
``inform [ ] and provide reasonable notice to the potential persons 
to whom the collection of information is addressed of--Whether 
responses to the collection of information are voluntary, required 
to obtain or retain a benefit [ ], or mandatory [ ]'' pursuant to 
the authorities cited herein.
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    For USCIS, the proposed information collection for social media 
information is not ``mandatory'' in the sense that an application will 
be denied or rejected based solely on the lack of a response. USCIS 
will continue to adjudicate a form where social media information is 
not answered, but failure to provide the requested data may either 
delay or make it impossible for USCIS to determine an individual's 
eligibility for the requested benefit.
    Applicants for CBP and USCIS benefits must certify on the 
respective forms that the information submitted is true and correct to 
the best of the applicant's knowledge and belief.
    The following social media questions will appear on electronic 
forms:
    Please enter information associated with your online presence over 
the past five years:
     Provider/Platform (dropdown bar will provide multiple 
choices, including ``Other'', and ``None'' for those who do not use the 
platforms listed):
     Social Media Identifier(s) over the past five years (free 
text field for applicant to enter information):

The forms will allow the applicant to provide as many platforms and 
identifiers as necessary.

Paper Forms

    Please enter information associated with your online presence over 
the past five years:

Provider/Platform: (a list will be provided including ``Other'', and 
``None'' for those who do not use the platforms listed)__________
Social Media Identifier(s):--------------------------------------------

A sufficient amount of space on the paper form will be provided to 
allow the applicant appropriate room to provide all necessary 
platforms/identifiers.
    The request for social media platforms, providers, and websites 
will focus on those fora that the individual uses to collaborate, share 
information and interact with others.\5\
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    \5\ Non-social media websites, such as those for applicants to 
carry out financial transactions, medical appointment and records, 
homeowner's associations, travel, and tourism are not germane to 
this information collection.
---------------------------------------------------------------------------

    The initial list of social media platforms featured on DHS forms 
will be as follows:

ASK FM
DOUBAN
FACEBOOK
FLICKR
INSTAGRAM
LINKEDIN
MYSPACE
PINTEREST
QZONE (QQ)
REDDIT
SINA WEIBO
TENCENT WEIBO
TUMBLER
TWITTER
TWOO
VINE
VKONTAKTE (VK)
YOUKU
YOUTUBE

    The platforms selected represent those which are among the most 
popular on a global basis. The platforms listed may be updated by the 
Department by adding or removing platforms in order to evolve the U.S. 
Government's uniform vetting with emerging communication technologies 
and common usage; therefore, the list will change over time. These 
changes will be made on a periodic basis under this generic clearance. 
Platform changes will be submitted to OMB for approval prior to 
inclusion. OMB will review to make sure that such suggested new 
platforms meet the description of public-facing social media handles 
contained above.

Programs Affected, OMB Control Numbers and Legal Authorities for the 
Collections

    DHS plans to collect the data elements for three programs/forms 
administered by U.S. Customs and Border Protection (CBP). The three CBP 
programs/forms, and the applicable statutory and regulatory authorities 
to collect the additional information are as follows:
     OMB No. 1651-0111--Electronic System for Travel 
Authorization (ESTA): Collection of data through this form is 
authorized by Section 711 of The Secure Travel and Counterterrorism 
Partnership Act of 2007 (part of the Implementing Recommendations of 
the 9/11 Commission Act of 2007, also known as the ``9/11 Act,'' Pub. 
L. 110-53). The authorities for the maintenance of this system are 
found in: Title IV of the Homeland Security Act of 2002, 6 U.S.C. 201 
et seq., the Immigration and Nationality Act, as amended, including 8 
U.S.C. 1187(a)(11) and (h)(3); 8 CFR part 217; the Travel Promotion Act 
of 2009, Public Law 111-145, 22 U.S.C. 2131.
     OMB No. 1651-0111--Form I-94W Nonimmigrant Visa Waiver 
Arrival/Departure Record: Collection of data through this form is 
authorized by 8 U.S.C. 1103, 1187 and 8 CFR 235.1, 264, and 1235.1.
     OMB No. 1651-0139--Electronic Visa Update System (EVUS): 
Collection of data through this form is authorized by INA section 
104(a) (8 U.S.C. 1104(a)). The authorities for the maintenance of this 
system are found in: Title IV of the Homeland Security Act of 2002, 6. 
U.S.C. 201 et seq., the Immigration and National Act, as amended, 
including sections 103 (8 U.S.C. 1103), 214 (8 U.S.C. 1184), 215 (8 
U.S.C. 1185), and 221 (8 U.S.C. 1201); 8 CFR part 2; the Travel 
Promotion Act of 2009, Public

[[Page 46560]]

Law 111-145, 22 U.S.C. 2131; and 8 CFR parts 212, 214, 215, and 273.
    CBP has the following statutory and regulatory authorities, as an 
agency of the U.S. Government, to collect social media information from 
applicants for travel benefits:
     CBP is responsible for preventing the entry of terrorists 
and instruments of terrorism into the United States, securing the 
borders, and enforcing the immigration laws.\6\ To exercise its 
authority with respect to both inbound and outbound border crossings of 
U.S. citizens and aliens alike, CBP gathers information about 
individuals who may seek entry into the United States. CBP's general 
law enforcement authorities empower it to gather information, including 
information found via social media, which is relevant to its 
enforcement missions.\7\ For example, under the Immigration and 
Nationality Act (INA) (Pub. L. 89-236), CBP Officers, Border Patrol 
Agents, and other immigration officers have authority to, among other 
things, ``take and consider evidence concerning the privilege of any 
person to enter, reenter, pass through, or reside in the United States; 
or concerning any matter which is material or relevant to the 
enforcement of the [INA] and the administration of the immigration and 
naturalization functions of the Department.'' \8\
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    \6\ See Homeland Security Act 402, 6 U.S.C. 202, and 6 U.S.C. 
211.
    \7\ See, e.g., 8 U.S.C. 1357(b).
    \8\ 8 CFR 287.5(a)(2); see also id. Sec.  287.2 (``Whenever a 
special agent in charge, port director, or chief patrol agent has 
reason to believe that there has been a violation punishable under 
any criminal provision of the immigration and nationality laws 
administered or enforced by the Department, he or she shall 
immediately initiate an investigation to determine all the pertinent 
facts and circumstances and shall take such further action as he or 
she deems necessary.''). CBP Officers have the responsibility to 
elicit sufficient information to determine whether an applicant is 
legally admissible or inadmissible. If an applicant refuses to 
answer sufficiently for the Officer to find the individual 
admissible, the individual will be inadmissible.
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     Under this broad authority to take and consider 
``evidence,'' CBP may use information obtained from social media where 
relevant to its immigration enforcement mission under Title 8 of the 
U.S. Code. Further, should the facts and circumstances of a particular 
investigation so require, CBP may also use social media in connection 
with its extensive customs enforcement authorities under title 19 of 
the U.S. Code.\9\
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    \9\ See, e.g., 19 U.S.C. 1436, 1592, & 1595. As noted above with 
respect to the INA, CBP has authority to enforce these and other 
customs statutes; therefore, it may utilize social media when 
conducting authorized operations or investigations related to its 
customs enforcement mission.
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    DHS plans to collect the new data elements for nine programs 
administered by U.S. Citizenship and Immigration Services (USCIS). The 
nine USCIS programs, and the applicable statutory and regulatory 
authorities to collect the additional information area as follows:
    USCIS has the following statutory and regulatory authorities to 
collect additional biographic data information on the following forms:
     OMB No. 1615-0052--Form N-400, Application for 
Naturalization: Collection of data through this form is authorized by 
INA section 337 [8 U.S.C. 1448]; 8 U.S.C. 1421; 8 CFR 316.4 and 8 CFR 
316.10.
     OMB No. 1615-0013--Form I-131, Application for Travel 
Document: Collection of data through this form is authorized by INA 
sections 103, 208, 212, 223 and 244; 8 CFR 103.2(a) and (e); 8 CFR 
208.6; 8 CFR 244.16; Section 303 of Public Law 107-173.
     OMB No. 1615-0017--Form I-192, Application for Advance 
Permission to Enter as a Nonimmigrant: Collection of data through this 
form is authorized by INA 212 [8 U.S.C. 1182].
     OMB No. 1615-0023--Form I-485, Application to Register 
Permanent Residence or Adjust status: Collection of data through this 
form is authorized by INA section 245, 8 U.S.C. 1255, Public Law 106-
429, and section 902 of Public Law 105-277.
     OMB No. 1615-0067--Form I-589, Application for Asylum and 
for Withholding of Removal: Collection of data through this form is 
authorized by INA sections 101(a)(42), 208(a) and (b), and 241(b)(3) 
and 8 CFR 208.6 and 1208.6.
     OMB No. 1615-0068--Form I-590, Registration for 
Classification as Refugee: This information collection is authorized by 
INA section 207 (8 U.S.C. 1157) for a person who seeks refugee 
classification and resettlement in the United States. A refugee is 
defined in 8 U.S.C. 1101(a)(42) and Section 101(a)(42) of the Act.
     OMB No. 1615-0037--Form I-730, Refugee/Asylee Relative 
Petition: This information collection is authorized by section 
207(c)(2), and 208(c) of the INA (8 U.S.C. 1157 and 1158) for an asylee 
or refugee to request accompanying or following-to-join benefits for 
his or her spouse and unmarried minor child(ren).
     OMB No. 1615-0038 -Form I-751, Petition to Remove 
Conditions on Residence: Collection of data through this form is 
authorized by INA section 216, 8 U.S.C. 1186(a); 8 CFR part 216.
     OMB No. 1615-0045--Form I-829, Petition by Entrepreneur to 
Remove Conditions on Permanent Resident Status: Collection of data 
through this form is authorized by INA section 203(b)(5), 8 U.S.C. 
1153, and INA section 216(a), 8 U.S.C. 1186(b)].

USCIS, as a component of DHS, has the following statutory and 
regulatory authorities, to collect social media information from 
applicants for immigration benefits:
     8 C.FR 204.5(m)(12) and 214.2(r)(16) provide that, in the 
context of adjudicating an immigrant or nonimmigrant religious worker 
petition, USCIS may verify the supporting evidence submitted by the 
petitioner ``through any means determined appropriate by USCIS,'' 
including by ``review of any other records that the USCIS considers 
pertinent to the integrity of the organization'' with which the 
religious worker is affiliated.
     8 CFR 103.2(a)(1) requires that every benefit request be 
executed and filed in accordance with the form instructions and 
clarifies that ``such instructions are incorporated into the 
regulations requiring its submission.'' \10\
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    \10\ USCIS will modify the Applicant's Certification section on 
the applicable USCIS forms and petitions to include the following 
text: ``I also authorize USCIS to use publicly available social 
media information for verification purposes and to determine my 
eligibility for the immigration benefit that I seek. I further 
understand that USCIS is not requiring me to provide passwords; to 
log into a private account; or to take any action that would 
disclose non-publicly available social media information.''
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    DHS has additional statutory and regulatory authorities to secure 
the homeland and prevent terrorism, in addition to those cited above 
for CBP and USCIS. These include:
     The Homeland Security Act, 2002, Public Law 107-296;
     The Intelligence Reform and Terrorism Prevention Act 
(IRTPA) of 2004, Public Law 108-458;
     Implementing Recommendations of the 9/11 Commission Act of 
2007 (``The 9/11 Act''), Public Law 110-53; and
     The Immigration and Nationality Act, as amended.
    Applicant information is collected to maintain a record of persons 
applying for specific immigration and other travel benefits, and to 
determine whether these applicants are eligible to receive the benefits 
for which they are applying. The information provided through DHS forms 
is also analyzed--along with other information that the Secretary of 
Homeland Security determines is necessary, including information about 
other persons included on the DHS forms--against various security and 
law enforcement databases to identify those applicants who may pose a 
security risk to the United States. To obtain approval for a collection 
that meets the

[[Page 46561]]

conditions of this generic clearance, a standardized form will be 
submitted to OMB along with supporting documentation (e.g., a copy of 
the updated application form). OMB will grant approval only if the 
agency demonstrates the collection of information complies with the 
specific circumstances laid out in this supporting statement.

Confidentiality

    No assurance of confidentiality is provided. All data submitted 
under this collection will be handled in accordance with applicable 
U.S. laws and DHS policies regarding personally identifiable 
information.
     Public Law 107-347, ``E-Government Act of 2002,'' as 
amended, Section 208 [44 U.S.C. 3501 note]
     Title 5, United States Code (U.S.C.), Section 552a, 
``Records maintained on individuals'' [The Privacy Act of 1974, as 
amended].
     Title 6, U.S.C., Section 142, ``Privacy officer.''
     Title 44, U.S.C., Chapter 35, Subchapter II, ``Information 
Security'' [The Federal Information Security Modernization Act of 2014 
(FISMA)].
     DHS Directive 047-01, ``Privacy Policy and Compliance'' 
(July 25, 2011).
     DHS Instruction 047-01-001, ``Privacy Policy and 
Compliance'' (July 25, 2011).
     Privacy Policy Guidance Memorandum 2008-01/Privacy Policy 
Directive 140-06, ``The Fair Information Practice Principles: Framework 
for Privacy Policy at the Department of Homeland Security.'' (December 
29, 2008).
     Privacy Policy Guidance Memorandum 2017-01, DHS Privacy 
Policy Regarding Collection, Use, Retention, and Dissemination of 
Personally Identifiable Information. (April 25, 2017).
     Refugees and asylees are protected by the confidentiality 
provisions of 8 CFR 208.6; 8 U.S.C. 1103.
     Aliens in TPS status have the confidentiality protections 
described in 8 CFR 244.16; 8 U.S.C. 1254a(c)(6). There are no 
confidentiality assurances for other aliens applying for the benefit.
     The system of record notices associated with this 
information collection are:
    [cir] DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File 
Tracking System of Records, September 18, 2017, 82 FR 43556 (all USCIS 
forms).
    [cir] DHS/USCIS-007 Benefits Information System, October 19, 2016, 
81 FR 72069 (Forms N-400, I-131, I-192, I-485, I-590, I-730, I-751, I-
829).
    [cir] DHS/USCIS-010 Asylum Information and Pre-Screening System of 
Records November 30, 2015, 80 FR 74781 (Form I-589, Form I-730).
    [cir] DHS/CBP-006 Automated Targeting System, May 22, 2012, 77 FR 
30297 (Form I-192).
    [cir] DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File 
Tracking System of Records, November 21, 2013, 78 FR 69864; DHS/USCIS-
010 Asylum Information and Pre-Screening System of Records, November 
30, 2015, 80 FR 74781.
    [cir] DHS/CBP-022 Electronic Visa Update System (EVUS) System of 
Records, September 1, 2016, 81 FR 60371 (EVUS Form); Final Rule for 
Privacy Exemptions, November 25, 2016, 81 FR 85105.
    [cir] DHS/CBP-009 Electronic System for Travel Authorization 
(ESTA), September 2, 2016, 81 FR 60713 (ESTA Form); Final Rule for 
Privacy Act Exemptions, August 31, 2009 74 FR 45069.
    [cir] DHS/CBP-016 Nonimmigrant Information System March 13, 2015, 
80 FR 13398 (Form I-94W).
    Applicable USCIS Privacy Impact Assessments (PIA):
    [cir] Refugee Case Processing PIA: https://www.dhs.gov/publication/dhsuscispia-068-refugee-case-processing-and-security-vetting (July 21, 
2017).
    [cir] FDNS-DS: https://www.hsdl.org/?view&did=793268, May 18, 2016.
    [cir] FDNS Directorate: https://www.dhs.gov/sites/default/files/publications/privacy-pia-uscis-fdns-november2016_0.pdf (December 16, 
2014).
    [cir] Asylum Division: https://www.dhs.gov/sites/default/files/publications/privacy-pia-uscis-asylum-july2017_0.pdf (July 21, 2017).
    Applicable CBP Privacy Impact Assessments (PIA):
    [cir] DHS/CBP/PIA-007 Electronic System for Travel Authorization 
(ESTA): https://www.dhs.gov/publication/electronic-system-travel-authorization.
    [cir] DHS/CBP/PIA-033 Electronic Visa Update System (EVUS): https://www.dhs.gov/publication/dhscbppia-033-electronic-visa-update-system-evus.
    [cir] DHS//CBP/PIA-006 Automated Targeting System (ATS): https://www.dhs.gov/publication/automated-targeting-system-ats-update.
    [cir] DHS/CBP/PIA-016 I-94 website Application: https://www.dhs.gov/publication/us-customs-and-border-protection-form-i-94-automation.
    This is a new generic clearance. This request will be submitted to 
the Office of Management and Budget, Office of Information and 
Regulatory Affairs for review and approval as required by the Paperwork 
Reduction Act. This new collection is necessary to meet the intent of 
E.O. 13780 (Section 5) to establish screening and vetting standards to 
assess an alien's eligibility to travel to, be admitted to, or receive 
an immigration-related benefit from DHS. This information will be used 
to validate an applicant's identity and determine whether entry to the 
U.S. or an immigration benefit for an individual poses a law 
enforcement or national security risk to the United States.
    DHS is particularly interested in comments which:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    2. Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    3. Enhance the quality, utility, and clarity of the information to 
be collected; and
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.

Analysis

    Agency: Department of Homeland Security DHS.
    Title: Generic Clearance for the Collection of Social Media 
Information on Immigration and Foreign Travel Forms.
    OMB Number: 1601-NEW.
    Frequency: On Occasion.
    Affected Public: Individuals.
    Number of Respondents: 33.380,888.
    Estimated Time Per Respondent: .083.
    Total Burden Hours: 12,374,078.

Melissa Bruce,
Executive Director, Business Management Office.
[FR Doc. 2019-19021 Filed 9-3-19; 8:45 am]
 BILLING CODE 9110-9B-P