[Federal Register: September 29, 2008 (Volume 73, Number 189)]
[Notices]
[Page 56596-56600]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se08-90]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0091]
Privacy Act of 1974; United States Citizenship and Immigration
Services Benefits Information System
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security is giving notice that it proposes to consolidate
three legacy record systems: Justice/INS-013 INS Computer Linked
Application Information Management System (CLAIMS) (67 FR 64132 October
17, 2002), Justice/INS-031 Redesigned Naturalization Application
Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS-
033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest
System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of
Homeland Security/United States Citizenship and Immigration Services
system of records notice titled, United States Citizenship and
Immigration Services Benefits Information System. Categories of
individuals, categories of records, and the routine uses of these
legacy system of records notices have been
[[Page 56597]]
consolidated and updated to better reflect the Department's immigration
petition and application information record systems. This system will
be included in the Department's inventory of record systems.
DATES: Written comments must be submitted on or before October 29,
2008. This new system will be effective October 29, 2008.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0091 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.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted 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:
Donald Hawkins (202-272-8000), USCIS Privacy Officer, 20 Massachusetts
Avenue, NW., Washington, DC 20529. For privacy issues, please contact:
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS) and its components and
offices have relied on preexisting Privacy Act system of records
notices for the maintenance of records that concern DHS/United States
Citizenship and Immigration Services (USCIS) immigration application
information record systems. As part of its mission, DHS implements
United States immigration law and policy through the USCIS processing
and adjudication of applications and petitions submitted for
naturalization, request for lawful permanent residence, asylum, refugee
status, and other immigrant and non immigrant benefits. USCIS also
supports national security by preventing individuals from fraudulently
obtaining immigration benefits and by denying applications submitted by
individuals who pose national security or public safety threats.
USCIS receives and adjudicates petitions and applications for all
United States immigrant and non immigrant benefits. This SORN covers
the USCIS computer systems associated with processing all immigrant and
non immigrant benefits applications and petitions except asylum, and
refugee status. The following major computer systems maintain
information covered by this SORN: CLAIMS 3, CLAIMS 4, the Redesigned
Naturalization Application Casework System (RNACS); the Citizenship and
Immigration Services Centralized Oracle Repository (CISCOR), the
Interim Case Management System (ICMS), Integrated Voice Response System
(IVRS), and the Integrated Card Production System (ICPS). These systems
are referred to as the ``Benefits Information Systems'' throughout the
remainder of this document.
System Information Use and Collection
Information in Benefits Information Systems includes information
provided by the individual on the application and/or petition for an
immigration benefits and non-immigrant benefits, and varies depending
on the benefit. Additionally, these systems collect DHS transactional
data that indicates which steps of the adjudication process have been
completed such as an appointment to submit biometrics for a background
check, other pending benefits, and/or whether the applicant is
suspected of fraudulent activity that could bear on fitness or
eligibility for the requested benefits.
Benefits Information Systems share information with many government
systems internal and external to DHS. All information sharing is
conducted within the parameters of existing Privacy Act of 1974 routine
sharing requirements. All sharing is related to the purposes for which
the information was originally collected.
In accordance with the Privacy Act of 1974, DHS is giving notice
that it proposes to consolidate three legacy record systems: Justice/
INS-013 INS Computer Linked Application Information Management System
(CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned
Naturalization Application Casework System (RNACS) (67 FR 20996 April
29, 2002), and Justice/INS-033 I-551 Renewal Program Temporary Sticker
Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001)
into one DHS/USCIS system of records notice titled, United States
Citizenship and Immigration Services Benefits Information System.
Categories of individuals, categories of records, and the routine uses
of these legacy system of records notices have been consolidated and
updated to better reflect DHS/USCIS's immigration application
information record systems. This system will be included in the DHS's
inventory of record systems.
II. Privacy Act
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 for which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined to encompass United States
citizens and legal permanent residents. As a matter of policy, DHS
extends administrative Privacy Act protections to all individuals where
the systems of records maintain information on U.S. citizens, lawful
permanent residents, and visitors. Individuals may request access to
their own records that are maintained in a system of records in the
possession or under the control of DHS by complying with DHS Privacy
Act regulations, 6 CFR part 5.
The Privacy Act requires each agency, to publish in the Federal
Register, a description denoting the type and character of each system
of records that the agency maintains, and the routine uses of
information contained in each system in order to make agency record
keeping practices transparent, to notify individuals regarding the uses
to which personally identifiable information is put, and to assist
individuals to more easily find such files within the agency. Below is
the description of the Benefits Information Systems System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget (OMB) and
to Congress.
System of Records:
DHS/USCIS-007
[[Page 56598]]
System Name:
United States Citizenship and Immigration Services Benefits
Information System
Security Classification:
Unclassified.
System Location:
Records are maintained at the United States Citizenship and
Immigration Services Headquarters in Washington, DC and in field
offices.
Categories of Individuals Covered by the System:
Categories of individuals covered by this system include persons
who have filed (for themselves or on the behalf of others) applications
or petitions for immigration benefits (other than asylum and refugee)
under the Immigration and Nationality Act, as amended, and/or who have
submitted fee payments or received refunds from such applications or
petitions; current, former and potential (e.g., fianc[eacute]) family
members of applicants/petitioners; persons who complete immigration
forms for applicants and petitioners (e.g., attorneys, form preparers);
name of applicant's employer; and individuals who seek access to
records retained in the Benefits Information System under the Freedom
of Information/Privacy Acts (FOIA/PA).
Categories of Records in the System:
Categories of records in this system include:
Individual's name;
Social Security Number (if applicable);
A-Number (if applicable);
Addresses;
Telephone numbers;
Birth and death information;
Citizenship or nationality;
Immigration status;
Marital and family status;
Personal characteristics (e.g., height and weight);
Records regarding tax payment and financial matters;
Records regarding employment;
Medical records;
Military and Selective Service records;
Records regarding organization membership or affiliation;
Biometric and other information collected to conduct
background checks;
DHS issued card serial numbers;
Records regarding criminal history and other background
check information; and
Case processing information such as date applications were
filed or received by USCIS; application/petition status, location of
record, FOIA/PA or other control number when applicable, and fee
receipt data.
Authority for Maintenance of the System:
8 U.S.C. 1103; 8 U.S.C. 1363; and 31 U.S.C. 3512.
Purpose(s):
The purpose of this system is to assist in the automated processing
of immigrant and nonimmigrant benefit petitions and applications. Both
investigative and administrative records are maintained in this system
to permit DHS/USCIS to function efficiently. Reports are also generated
from the data within the system of records. This system of records
notice enables DHS/USCIS to provide automated support to process
applications and/or petitions for benefits; determine the status of
pending applications and/or petitions for benefits; account for and
control the receipt and disposition of any fees and refunds collected;
conduct searches pursuant to FOIA and Privacy Act requests; and locate
related physical and automated files to support DHS/USCIS responses to
inquiries about these records.
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 contained
in this system may be disclosed outside DHS as a routine use pursuant
to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. 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.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has 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 made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. 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.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. 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.
I. To the Department of State for the purpose of assisting in the
processing of petitions or applications for benefits
[[Page 56599]]
under the Immigration and Nationality Act, and all other immigration
and nationality laws including treaties and reciprocal agreements.
J. 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 the International Criminal Police Organization (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's
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.
K. To an appropriate Federal, State, local, tribal, 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.
L. 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.
M. 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 DHS/USCIS or the
Executive Office for Immigration Review.
N. 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.
O. To a coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased as a
result of a crime).
P. 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.
Q. 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.
R. 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.
S. 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.
T. To an individual's prospective or current employer to the extent
necessary to determine employment eligibility.
U. To a Federal, State, or local agency, or other appropriate
entities or individuals, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law, or Executive Order.
V. To a Federal agency, where appropriate, to enable such agency to
make determinations regarding the payment of Federal benefits to the
record subject in accordance with that agency's statutory
responsibilities.
W. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to Consumer Reporting Agencies:
Through the Debt Management Center (DMC) at DHS, Benefits
Information Systems information may be shared with credit reporting
agencies. The primary mission of the DMC is to collect debts resulting
from an individual's participation in DHS benefits programs. Benefits
Information Systems share information with the DMC regarding fees
charged during various application processes to ensure collection of
debts.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by individual's name and address,
telephone numbers, birth and death information, A-Number, Social
Security Number (SSN), records regarding citizenship, records regarding
immigration status, marital and family status, personal characteristics
(e.g., height and weight), records regarding tax payment and financial
matters, records regarding employment, medical records, military and
Selective Service records, records regarding organization
[[Page 56600]]
membership or affiliation, biometric and other information collected to
issue immigration cards evidencing receipt of immigration benefits and
to conduct background checks and necessary to determine the existence
of criminal history or other history necessary to make immigration
decisions. Records in the system may also include case processing
information such as date applications were filed or received by USCIS,
application/petition status, location of record, FOIA/PA or other
control number when applicable, and fee receipt data, and by
application/petition receipt number.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
system security access policies. Strict controls have been imposed to
minimize the risk of compromising the information that is being stored.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions. The system maintains a real-time auditing
function of individuals who access the system. Additional safeguards
may vary by component and program.
Retention and Disposal:
Electronic benefits information is archived and disposed of in
accordance with the criteria approved by NARA. Electronic data
pertaining to applications for naturalization will be deleted 15 years
after the processing of the benefit being sought is completed.
Information in the master file is destroyed 15 years after the last
completed action with respect to the application. System documentation
(e.g., manuals) are destroyed when the system is superseded, obsolete,
or no longer needed for agency business.
Electronic records extracted from immigrant and nonimmigrant
benefits applications and petitions other than naturalization, asylum,
or refugee status completed by applicants or petitioners is destroyed
after the data is transferred to the electronic master file and
verified. Information in the master file is destroyed 15 years after
the last completed action with respect to the application. Daily
reports generated by associated information technology systems are
maintained for 15 years by the service center that generated the
reports and then destroyed.
System Manager(s) and Address:
The system manager is the Director, Office of Records Services,
Department of Homeland Security, 111 Massachusetts Avenue, NW., Second
Floor, Washington, DC 20529.
Notification Procedures:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to National Records Center, FOIA/PA
Office, P.O. Box 648010, Lee's Summit, MO 64064-8010. Specific FOIA
contact information can be found at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.dhs.gov/foia under
``Contacts.''
When seeking records about yourself from this system of records or
any other USCIS system of records, your request must conform with the
Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
or perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Specify when you believe the records would have been
created,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information, USCIS will not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record Access Procedures:
See ``Notification procedure'' above.
Contesting Record Procedures:
See ``Notification procedure'' above.
Record Source Categories:
Information contained in this system of records is obtained from
the individuals covered by the system.
Exemptions Claimed for the System:
None.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-22802 Filed 9-26-08; 8:45 am]
BILLING CODE 4410-10-P