[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Notices]
[Pages 7571-7573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02613]


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DEPARTMENT OF HOMELAND SECURITY


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

AGENCY: Department of Homeland Security (DHS).

ACTION: 30-Day notice and request for comments; new collection, 1601-
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. DHS previously published 
this information collection request (ICR) in the Federal Register on 
Wednesday, September 4, 2019 for a 60-day public comment period. Two 
(2) comments were received by DHS. The purpose of this notice is to 
allow additional 30-days for public comments.

DATES: Comments are encouraged and will be accepted until March 11, 
2020. This process is conducted in accordance with 5 CFR 1320.10.

ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Office of Information and 
Regulatory Affairs, Office of Management and Budget. Comments should be 
addressed to OMB Desk Officer, Department of Homeland Security and sent 
via electronic mail to [email protected].

SUPPLEMENTARY INFORMATION: 

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 15 data elements that would 
constitute a new baseline threshold of data to be collected for 
identity verification 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. The 15 
core data elements are as follows:
    The following six (6) data elements are biographic identifiers used 
to confirm both a subject's identity as it relates to the submitted 
application and to DHS historic records. These biographic identifiers 
are also used internally by U.S. Customs and Border Protection (CBP) 
and U.S. Citizenship and Immigration Services (USCIS) and screening 
partners to confirm or disprove an association between an applicant and 
information of interest and the strength of that association in the 
context of the underlying information.

1. Name
2. Sex/Gender
3. Date of Birth
4. City/Region and Country of Birth
5. Country/Countries of Citizenship
6. Country of Residence

    The following data element is a unique numeric identifier issued to 
a single individual that DHS uses to confirm both a person's identity 
and for DHS records. It is also used internally by CBP, USCIS, and 
screening partners to find, confirm, or disprove an association between 
an applicant, the strength of that association, or to provide other 
information about the person that may be important in the adjudication. 
Applicants will be asked to provide current passport/travel/national 
identity document information, country of issuance; issue date and 
expiration date, as applicable. Other DHS forms request more 
information on

[[Page 7572]]

passports or travel documents to include expired documents and 
passports containing a U.S. visa. The questions related to passport 
information requested depend on benefit eligibility and national 
security needs. If additional information is needed for this data 
element, DHS will revise the applicable OMB approved information 
collection under the form's control number and not add the additional 
questions using this generic approval.

7. Passport/Travel Document or National ID
    1. Country of issuance
    2. Issue date
    3. Expiration date

    The following eight (8) data elements are used to provide official 
correspondence from CBP or USCIS to an applicant. They are also used as 
secondary data elements to confirm a subject's identity as it relates 
to the submitted application and to DHS historic records. They are also 
used internally by CBP, USCIS, and screening partners to confirm or 
disprove an association between an applicant and information of 
interest and the strength of that association in the context of the 
underlying information.

8. Telephone Number(s)
9. Email address(es)
10. U.S. Address: Residence or Destination city
11. U.S. Address: Residence or Destination state
12. Foreign Address city
13. Foreign Address state
14. U.S. Point of Contact Name, if applicant is located outside of the 
United States
15. U.S. Point of Contact Telephone Number, if applicant is located 
outside of the United States

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 Law 111-145, 22 U.S.C. 2131; and 8 CFR 
parts 212, 214, 215, and 273.
    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)].
    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 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.

[[Page 7573]]

     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).
    [cir] DHS/CBP-006 Automated Targeting System, May 22, 2012, 77 FR 
30297 (Form I-192).
    [cir] DHS/USCIS-017--Refugee Case Processing and Security Screening 
Information System of Records October 19, 2016, 81 FR 72075 (Forms I-
730).
    [cir] DHS/CBP 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).
    [cir] DHS/USCIS-015--Electronic Immigration System-2 Account and 
Case Management System of Records April 5, 2013 78 FR 20673 (Form I-
131).
    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 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 Certain Information 
on Immigration and Foreign Travel Forms
    OMB Number: 1601-NEW.
    Frequency: On Occasion.
    Affected Public: Individuals.
    Number of Respondents: 30,069,230.
    Estimated Time per Respondent: .401.
    Total Burden Hours: 12,058,798.

    Dated: January 29, 2020.
Melissa Bruce,
Executive Director, Business Management Office.
[FR Doc. 2020-02613 Filed 2-7-20; 8:45 am]
 BILLING CODE 9112-FL-P