[Federal Register: January 16, 2007 (Volume 72, Number 9)]
[
Notices]
[Page 1755-1759]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja07-63]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2006-0081]
Privacy Act; Alien File (A-File) and Central Index System (CIS)
Systems of Records
AGENCY: Department of Homeland Security (DHS).
ACTION: System of records notice.
-----------------------------------------------------------------------
SUMMARY: As part of its ongoing effort to review and update legacy
system of records notices, the Department of Homeland Security is
publishing a revision to the previously established Privacy Act system
of records notice published by the former Immigration and
Naturalization Service for hardcopy and digitized A-Files; and the
Central Index System. The Department of Homeland Security is also
updating the routine uses that were previously published for this
system of records.
DATES: Written comments must be submitted on or before February 15,
2007.
ADDRESSES: You may submit comments, identified by Docket Number DHS-
2006-0081 by one of the following methods:
Federal e-Rulemaking portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Follow the instructions for submitting comments via docket number DHS
2006-0081.
Fax: (202-572-8727) (not a toll-free number).
Mail: Hugo Teufel III, DHS Chief Privacy Officer,
Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted
[[Page 1756]]
without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Elizabeth Gaffin, 20 Massachusetts Avenue, NW., Washington, DC 20529,
by telephone (202) 272-1400. For privacy issues, please contact: Hugo
Teufel III (571-227-3813), Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS),
implements United States immigration law and policy through the United
States Citizenship and Immigration Services' (USCIS) processing and
adjudication of applications and petitions submitted for citizenship,
asylum, and other immigration benefits. USCIS also supports national
security by preventing individuals from fraudulently obtaining
immigration benefits and by denying applications from individuals who
pose national security or public safety threats. United States
Immigration policy and law is also implemented through Immigration and
Customs Enforcement's (ICE) law enforcement activities and Customs and
Border Protection's (CBP) inspection process and protection of our
borders.
The A-File is the record that contains copies of information
regarding all transactions involving an individual as he/she passes
through the U.S. immigration and inspection process. Previously, legacy
Immigration and Naturalization Services (INS) handled all of these
transactions. Since the formation of DHS, however, these
responsibilities have been divided among USCIS, ICE, and CBP. While
USCIS is the custodian of the A-File, all three components create and
use A-Files.
DHS, in its ongoing effort to update its legacy systems, is issuing
the A-File and CIS system of records notice, DHS-USCIS 001. A notice
detailing this system of records was last published in the Federal
Register on September 7, 2001, as the INS Alien File (A-File) and
Central Index System (CIS), JUSTICE/INS-001A (66 FR 46812). Until now,
pursuant to the savings clause in the Homeland Security Act of 2002,
Public Law 107-296, sec. 1512, 116 Stat. 2310 (Nov. 25, 2002) (6 U.S.C.
552), the USCIS has been relying on legacy Privacy Act systems.
Digitization of the A-File
To support current immigration operations, USCIS, ICE and CBP
assemble paper-based A-Files that contain official record documents and
attachments pertaining to individuals. These hardcopy A-Files are
routed to authorized DHS employees who need access to them for
immigration benefits processing, law enforcement, and protection of
national security. USCIS is embarking on an enterprise-wide
``Transformation Program'' that will transition the agency from a
fragmented, paper-based operational environment to a centralized and
consolidated electronic environment. The new operational environment
will employ the types of online customer accounts used in the private
sector. This ``person-centric'' model will link information related to
an individual in a single account in order to facilitate customer
friendly transactions, track activities, and reduce identity fraud.
USCIS, as custodian of the A-File and part of the Transformation
Program, has developed the Integrated Digitization Document Management
Program (IDDMP) to provide electronic creation of, and access to, A-
Files. The IDDMP manages the scanning of hard copy A-Files, the storage
of the digitized A-Files, and electronic access to digitized A-Files.
Scanning is performed at a contractor owned and operated facility
called the Records Digitization Facility (RDF). The digitized A-Files
produced by the RDF are sent to USCIS' Quality Assurance (QA) system.
After QA is performed, they are stored centrally, and images within the
A-File are accessed and updated using the Electronic Data Management
System (EDMS). For the purpose of this document, the RDF, QA system,
and EDMS will be collectively referred to as the IDDMP. Access to the
digitized A-Files is provided to DHS and other Federal, state, tribal,
local or foreign government agencies responsible for providing
benefits, investigating or prosecuting violations of civil or criminal
laws, or protecting our national security.
The Privacy Act embodies Fair Information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Individuals may request their own records that are maintained in a
system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR 5.21.
The Privacy Act requires that each agency publish in the Federal
Register a description denoting the type and character of each system
of records in order to make agency recordkeeping practices transparent,
to notify individuals about the use to which personally identifiable
information is put, and to assist the individual to more easily find
files within the agency.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this revised system of records to the Office of Management and Budget
and to the Congress.
DHS-USCIS-001
System name:
The Department of Homeland Security (DHS), Alien File (A-File--
hardcopy or digitized copy) and Central Index System (CIS)
System location:
The database housing the digitized A-Files is located within USCIS'
data center in the Washington, DC metropolitan area. Hard copies are
located at Headquarters, Regional, District, and other USCIS file
control offices in the United States and foreign countries as detailed
on the agency's Web site, http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.USCIS.gov. Authorized USCIS, ICE,
and CBP personnel may request and view the paper A-File. Paper A-Files
are sent and received by file control offices. USCIS will directly
access digitized A-Files using the IDDMP. ICE and CBP access to the
digitized A-File via the IDDMP will be provided through the Law
Enforcement Service Center (LESC). CIS is available in USCIS offices.
Remote access terminals for CIS will also be located in other
components of the DHS on a limited basis.
Categories of individuals covered by the system:
A. Individuals covered by provisions of the Immigration and
Nationality Act of the United States.
B. Individuals who are under investigation (including those who are
possible national security threats or threats to the public safety), or
who were investigated by the DHS in the past, or who are suspected of
violating immigration-related criminal or civil provisions of treaties,
statutes, regulations, Executive Orders, and Presidential proclamations
administered
[[Page 1757]]
by DHS, and witnesses and informants having knowledge of such
violations.
Categories of records in the system:
A. The hardcopy paper A-File (which, prior to 1940, was called
Citizenship File (C-File) contains all the individual's official record
material such as: naturalization certificates; various forms and
attachments (e.g., photographs); applications and petitions for
benefits under the immigration and nationality laws; reports of
investigations; statements; reports; correspondence; and memoranda on
each individual for whom DHS has created a record under the Immigration
and Nationality Act. Subsets of information may be used to determine
eligibility for citizenship under Section 320 of the Immigration and
Nationality Act.
B. The electronic copy of the A-File provided by IDDMP's digital
repository contains scanned images of the paper A-File searchable using
identical index fields as CIS.
C. CIS contains personal identification data such as A-File number,
date and place of birth, date and port of entry, as well as the
location of each official hardcopy paper A-File.
Authority of maintenance for the system:
Sections 103 and 290 of the Immigration and Nationality Act, as
amended (8 U.S.C. 1103 and 1360), and the regulations issued pursuant
thereto; and section 451 of the Homeland Security Act of 2002 (Pub. L.
107-296).
Purpose(s):
A-File data is collected on individuals covered by provisions of
the Immigration and Nationality Act of the United States and
individuals who are under investigation, who were investigated by the
DHS in the past, who are suspected of violating the immigration-related
laws administered by DHS, or are witnesses and informants having
knowledge of such violations. The A-File is the record that contains
all transactions involving an individual as he/she passes through the
U.S. immigration and inspection process, and chronicles interactions
with the U.S. Government. Previously, legacy INS performed all of these
functions.
Since the formation of DHS, these immigration-related functions
have been divided among the following three components: (1) CBP, which
performs the border and inspection processes; (2) USCIS, which performs
the immigration benefit adjudication process; and (3) ICE, which
performs the investigatory, deportation, and immigration court
functions. Although USCIS is the custodian of the A-File, all three
components create and use A-Files. Once the A-File is digitized,
information will be accessed by USCIS, ICE, and CBP so that they may
perform their mission requirements. Information contained within the A-
File may also be shared with other components within DHS responsible
for law enforcement and national security intelligence activities.
The CIS system is used primarily by DHS employees for immigration
benefits processing, protection of national security, and to administer
and enforce immigration and nationality laws, and related statutes.
These uses include: Assisting the Department with processing
applications for benefits under applicable immigration laws; detecting
violations of these laws; the referral of such violations for
prosecution; law enforcement; the inspection process; and protection of
our borders.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside DHS as
a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To clerks and judges of courts exercising naturalization
jurisdiction for the purpose of filing petitions for naturalization and
to enable such courts to determine eligibility for naturalization or
grounds for revocation of naturalization.
B. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws including treaties and
reciprocal agreements.
C. To appropriate Federal, state, tribal, and local government law
enforcement and regulatory agencies, foreign governments, and
international organizations, for example: the Department of Defense;
the Department of State; the Department of the Treasury; the Central
Intelligence Agency; the Selective Service System; the United Nations;
and INTERPOL; as well as to other individuals and organizations during
the course of an investigation by DHS or the processing of a matter
under DHS' jurisdiction, or during a proceeding within the purview of
the immigration and nationality laws, when DHS deems that such
disclosure is necessary to carry out its functions and statutory
mandates to elicit information required by DHS to carry out its
functions and statutory mandates.
D. To an appropriate Federal, state, tribal, local, or foreign
government agency or organization, or international organization,
lawfully engaged in collecting law enforcement intelligence, whether
civil or criminal, or charged with investigating, prosecuting,
enforcing or implementing civil or criminal laws, related rules,
regulations or orders, to enable these entities to carry out their law
enforcement responsibilities, including the collection of law
enforcement intelligence and the disclosure is appropriate to the
proper performance of the official duties of the person receiving the
disclosure.
E. To the United States Department of Justice (DOJ) (including
United States Attorneys' offices) or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, or to the court or administrative body, when it is
necessary to the litigation and one of the following is a party to the
litigation or has an interest in such litigation: (1) Any employee of
DHS in his/her official capacity; (2) any employee of DHS in his/her
individual capacity where DOJ or DHS has agreed to represent said
employee; or (3) the United States or any agency thereof.
F. To an appropriate Federal, state, local, tribal, territorial,
foreign, or international agency, if the information is relevant and
necessary to a requesting agency's decision concerning the hiring or
retention of an individual, or issuance of a security clearance,
license, contract, grant, or other benefit, or if the information is
relevant and necessary to a DHS decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
reporting of an investigation of an employee, the letting of a
contract, or the issuance of a license, grant or other benefit and when
disclosure is appropriate to the proper performance of the official
duties of the person making the request.
G. To the Office of Management and Budget in connection with the
review of private relief legislation as set forth in OMB Circular No.
A-19 at any stage of the legislative coordination and clearance process
as set forth in the Circular.
H. To an attorney or representative (as defined in 8 CFR 1.1(j))
who is acting on behalf of an individual covered by this system of
records in connection with any proceeding before USCIS or the Executive
Office for Immigration Review.
[[Page 1758]]
I. To a Federal, state, tribal, or local government agency to
assist such agencies in collecting the repayment of loans, or
fraudulently or erroneously secured benefits, grants, or other debts
owed to them or to the United States Government, or to obtain
information that may assist USCIS in collecting debts owed to the
United States Government; to a foreign government to assist such
government in collecting the repayment of loans, or fraudulently or
erroneously secured benefits, grants, or other debts owed to it
provided that the foreign government in question:
(1) Provides sufficient documentation to establish the validity of
the stated purpose of its request; and
(2) Provides similar information to the United States upon request.
J. To student volunteers whose services are accepted pursuant to 5
U.S.C. 3111 or to students enrolled in a college work-study program
pursuant to 42 U.S.C. 2751 et seq.
K. To a Congressional office from the record of an individual in
response to an inquiry from that Congressional office made at the
request of that individual.
L. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
M. To an obligor who has posted a bond with USCIS for the subject.
USCIS may provide only such information as either may:
(1) Aid the obligor in locating the subject to insure his or her
presence when required by DHS; or
(2) Assist the obligor in evaluating the propriety of the following
actions by DHS: either the issuance of an appearance demand or notice
of a breach of bond--i.e., notice to the obligor that the subject of
the bond has failed to appear which would render the full amount of the
bond due and payable.
N. To a coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased as a
result of a crime).
O. Consistent with the requirements of the Immigration and
Nationality Act, to the Department of Health and Human Services (HHS),
the Centers for Disease Control and Prevention (CDC), or to any state
or local health authorities, to:
(1) Provide proper medical oversight of DHS-designated civil
surgeons who perform medical examinations of both arriving aliens and
of those requesting status as a lawful permanent resident; and
(2) To ensure that all health issues potentially affecting public
health and safety in the United States are being or have been,
adequately addressed.
P. To a Federal, state or local government agency seeking to verify
or ascertain the citizenship or immigration status of any individual
within the jurisdiction of the agency for any purpose authorized by
law.
Q. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records. Those
provided information under this routine use are subject to the same
Privacy Act limitations as are applicable to DHS officers and
employees.
R. To the appropriate Federal, state, local, tribal, territorial,
or foreign, or international agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation, or
order, where DHS becomes aware of, or in conjunction with other
information determines, that a violation or potential violation of
civil or criminal law has occurred.
S. To the Social Security Administration (SSA) for the purpose of
issuing a Social Security number and card to an alien who has made a
request for a Social Security number as part of the immigration process
and in accordance with any related agreements in effect between the
SSA, DHS and the Department of State entered into pursuant to 20 CFR
422.103(b)(3); 422.103(c); and 422.106(a), or other relevant laws and
regulations.
T. To a former employee of DHS, in accordance with applicable
regulations, for purposes of: responding to an official inquiry by a
Federal, state, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
U. To an individual's prospective or current employer to the extent
necessary to determine employment eligibility.
V. To Federal and foreign government intelligence or
counterterrorism agencies or components where DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or where such use is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper performance of the official
duties of the person making the disclosure;
W. To appropriate agencies, entities, and persons when:
(1) It is suspected or confirmed that the security or
confidentiality of information in the system of records has been
compromised;
(2) It is determined that as a result of the suspected or confirmed
compromise there is a risk of harm to economic or property interests,
identity theft or fraud, or harm to the security or integrity of this
system or other systems or programs (whether maintained by DHS or
another agency or entity) that rely upon the compromised information;
and
(3) The disclosure is made to such agencies, entities, and persons
when reasonably necessary to assist in connection with efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
Policies and practices for storing, retrieving, accessing, retaining
and disposing of records in the system:
Storage:
Paper A-File and C-File records are stored in file folders. The
digitized A-Files are stored in an electronic repository housed in
USCIS' data center. CIS data is also stored in USCIS data center.
Retrievability:
The location of paper A-Files can be searched in CIS on the
following metadata: A-Number; C-File number; name; and date of birth.
Digitized A-Files can be searched and retrieved by metadata, which at a
minimum includes: primary A-Number; first name; last name; date of
birth; and country of birth. Full-text searches can also be performed
on the digitized A-Files.
Safeguards:
USCIS offices are located in buildings under security guard or
authorized contractors for the Federal government, and access to
premises is by official identification. Information in this system is
also safeguarded in accordance with applicable laws, rules and policies
including the DHS Information Technology Security Programs Handbook.
All records are protected from unauthorized access through appropriate
administrative, physical, and technical safeguards including
restricting access to authorized personnel who require information in
the records for the performance of their official authorized duties,
using locks, and password
[[Page 1759]]
protection identification features. The system will not have classified
information.
Outside agencies will not have direct access to the IDDMP. They
will follow the current practice for accessing physical A-Files, which
is to appear in person at the local USCIS office. They are required per
the USCIS Records Operations Handbook, to work with their local USCIS
office to view A-File information. After showing proper credentials and
demonstrating a need to know the specific information requested in the
performance of their official duties, the representative will work
directly with USCIS records personnel to view the relevant portions of
the A-File.
Retention and Disposal:
The A-File records are retained for 75 years from the date the file
is retired to the Federal Records Center or date of last action
(whichever is earlier) and then destroyed. C-File records are to be
destroyed 100 years from March 31, 1956. Automated master index records
are permanent and are scheduled to be transferred to NARA in 2006. When
a paper A-File is digitized, the digitized A-File becomes the official
record and maintains the same retention schedule as the original paper
A-File. Options for disposition of paper A-Files that have been
digitized are currently under review.
System manager(s) and address:
The Service-wide system manager is the Director, Office of Records
Services, Department of Homeland Security, 111 Massachusetts Avenue,
NW., Second Floor, Washington, DC 20529.
Notification procedure:
To determine whether this system contains records relating to you,
provide a written request containing the following information:
1. Identification of the record system;
2. Identification of the category and types of records sought; and
3. The requesting individual's signature and verification of
identity pursuant to 28 U.S.C. 1746, which permits statements to be
made under penalty of perjury. Alternatively, a notarized statement may
be provided.
Address inquiries to the system manager at: Director, Office of
Records Services, Department of Homeland Security, 111 Massachusetts
Avenue, NW, Second Floor, Washington, DC 20529 or to the Freedom of
Information/Privacy Act Office at: Freedom of Information/Privacy Act
Office, USCIS, National Records Center, P.O. Box 648010, Lee Summit, MO
64064-8010.
Record access procedures:
All requests for access must be made in writing and addressed to
the Freedom of Information Act/Privacy Act (FOIA/PA) officer at USCIS.
Requesters are directed to clearly mark the envelope and letter
``Privacy Act Request.'' Within the text of the request, provide the A-
File number and/or the full name, date and place of birth, and either a
notarized signature of the individual who is the subject of the record
or a statement requesting individual's signature and verification of
identity pursuant to 28 U.S.C. 1746, which permits statements to be
made under penalty of perjury, and any other information which may
assist in identifying and locating the record, and a return address.
For convenience, Form G-639, FOIA/PA Request, may be obtained from the
nearest DHS office or online at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.uscis.gov and used to submit
a request for access. The procedures for making a request for access to
one's records can also be found on the USCIS Web site, located at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.uscis.gov.
Contesting records procedures:
Redress procedures are established and operated by the program
through which the data was originally collected. In the case of redress
requests pertaining to records held by DHS organizations, an individual
who is not satisfied with the response can appeal his or her case to
the DHS Chief Privacy Officer, who will conduct a review and provide
final adjudication on the matter.
Record source categories:
Basic information contained in DHS records is supplied by
individuals on Department of State and DHS applications and forms.
Other information comes from inquiries or complaints from members of
the general public and members of Congress; referrals of inquiries or
complaints directed to the President or Secretary of Homeland Security;
USCIS reports to investigations, sworn statements, correspondence,
official reports, memoranda, and written referrals from other entities,
including federal, state, and local governments, various courts and
regulatory agencies, foreign government agencies and international
organizations.
Exemptions claimed for the system:
Pursuant to 6 CFR Appendix C to Part 5, pertaining to the
Immigration and Naturalization Service (INS) Alien File (A-File) and
Central Index System (CIS), JUSTICE/INS-001A (66 FR 46812) system of
records notice, the records and information in this system are exempt
from 5 U.S.C. 552a (c) (3) and (4), (d), (e) (1), (2), and (3), (e)(4)
(G) and (H), (e) (5) and (8), and (g) of the Privacy Act. These
exemptions apply only to the extent that records in the system are
subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). DHS
intends to review these exemptions and, if warranted, issue a new set
of exemptions within ninety (90) days of this publication.
Dated: January 5, 2007.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E7-375 Filed 1-12-07; 8:45 am]
BILLING CODE 4410-10-P