[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Pages 70739-70745]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2011-29451]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2011-0085]
Privacy Act of 1974; Department of Homeland Security/U.S.
Citizenship and Immigration Services-015 Electronic Immigration System-
2 Account and Case Management System of Records
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 proposes to update and reissue Department of Homeland
Security system of records titled, ``Department of Homeland Security/
U.S. Citizenship and Immigration Services-015 Electronic Immigration
System-2 Account and Case Management System of Records.'' This system
of records will allow the Department of Homeland Security/U.S.
Citizenship and Immigration Services to collect and maintain records on
an individual after he or she submits a benefit request and/or updates
account information to create or update U.S. Citizenship and
Immigration Services Electronic Immigration System accounts; gather any
missing information; manage workflow; assist U.S. Citizenship and
Immigration Services in making a benefit determination; and provide a
repository of data to assist with the efficient processing of future
benefit requests. U.S. Citizenship and Immigration Services Electronic
Immigration System-2 Account and Case Management will also be used to
process and track all actions related to a particular case, including
scheduling appointments and issuing decision notices and/or proofs of
benefit. This system of records notice is being updated to reflect the
incorporation of new forms, new categories of records, and clarified
data retention to better inform the public. Additionally, the
Department of Homeland Security is issuing a Final Rule elsewhere in
the Federal Register, to exempt this system of records from certain
provisions of the Privacy Act. This updated system will be included in
the Department of Homeland Security's inventory of record systems.
DATES: Submit comments on or before December 15, 2011. This system will
be effective December 15, 2011.
ADDRESSES: You may submit comments, identified by docket number DHS-
2011- 0085 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov/.
Follow the instructions for submitting comments.
Fax: (703) 483-2999.
Mail: Mary Ellen Callahan, 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://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/.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Donald K. Hawkins ((202) 272-8000), Privacy Officer, U.S. Citizenship
and Immigration Services, 20 Massachusetts Avenue NW., Washington, DC
20529. For privacy issues please contact: Mary Ellen Callahan ((703)
235-0780), Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) U.S. Citizenship and Immigration
Services (USCIS) proposes to update and reissue the DHS system of
records titled, ``DHS/USCIS-015 Electronic Immigration System-2 Account
and Case Management System of Records.'' This system of records notice
is being updated to reflect the incorporation of new forms and new
categories of records, to clarify the data retention policy, and to
recognize the issuance of a Final Rule exempting the system from
portions of the Privacy Act. DHS received two public comments which did
not address this system of records notice. DHS will not make any
changes in response to the public comments.
DHS and USCIS are promulgating the regulation ``Immigration
Benefits Business Transformation, Increment I'' (August 29, 2011, 76 FR
53764) to allow for USCIS to transition to an electronic environment.
This regulation will assist USCIS in the transformation of its
operations by removing references and processes that inhibit the use of
electronic systems or constrain USCIS's ability to respond to changing
workloads, priorities, or statutory requirements.
DHS/USCIS is creating a new electronic environment known as the
Electronic Immigration System (USCIS ELIS). USCIS ELIS allows
individuals requesting a USCIS benefit to register online and submit
certain benefit requests through the online system. This system will
improve customer service; increase efficiency for processing benefits;
better identify potential national security concerns, criminality, and
fraud; and create improved access controls and better auditing
capabilities.
Applicants and petitioners (Applicants); co-applicants,
beneficiaries, derivatives, dependents, or other persons on whose
behalf a benefit request is made or whose immigration status may be
derived because of a relationship to an Applicant (Co-Applicants); and
their attorneys and representatives accredited by the Board of
Immigration Appeals (Representatives) may create individualized online
accounts. These online accounts help Applicants and their
Representatives file for benefits, track the status of open benefit
requests, schedule appointments, change their addresses and contact
information, and receive notices and notifications regarding their
particular cases. Through USCIS ELIS, individuals may submit evidence
electronically. Once an individual provides biographic information for
one benefit request, USCIS ELIS uses that information to pre-populate
any future benefit requests by the same individual. This eases the
burden on an individual so he or she does not have to repeatedly type
in the same information and also reduces the number of possible errors.
USCIS is publishing three System of Records Notices (SORNs) to
cover the following three distinct processes of this new electronic
environment and the privacy and security protections incorporated into
USCIS ELIS:
1. Temporary Accounts and Draft Benefit Requests: The Electronic
Immigration System-1 Temporary Accounts and Draft Benefit Requests SORN
(DHS/USCIS-014) addresses
[[Page 70740]]
temporary data provided by Applicants or Representatives. This
temporary data includes temporary accounts for first-time Applicants
and draft benefit request data from first-time Applicants, Applicants
with permanent accounts, and Representatives. Applicants first interact
with USCIS ELIS by creating a temporary account, setting notification
preferences, and drafting the first benefit request. If a first-time
Applicant does not begin drafting a benefit request within 30 days of
opening the temporary account, USCIS ELIS deletes the temporary
account. If he or she does not submit the benefit request within 30
days of starting a draft benefit request, USCIS ELIS deletes the
temporary account and all draft benefit request data. If a first-time
Applicant submits the benefit request within 30 days, USCIS ELIS
automatically changes the status of the account from temporary to
permanent. Applicants with permanent USCIS ELIS accounts or
Representatives may also draft benefit requests. USCIS ELIS deletes all
draft benefit requests if they are not submitted within 30 days of
initiation.
2. Account and Case Management: The Electronic Immigration System-2
Account and Case Management SORN (DHS/USCIS-015) addresses the
activities undertaken by USCIS after Applicants or Representatives
submit a benefit request. USCIS ELIS uses information provided on
initial and subsequent benefit requests and subsequent collections
through the Account and Case Management process to create or update
USCIS ELIS accounts; collect any missing information; manage workflow;
assist USCIS adjudicators as they make a benefit determination; and
provide a repository of data to assist with future benefit requests. In
addition, USCIS ELIS processes and tracks all actions related to the
case, including scheduling appointments and issuing decision notices
and/or proofs of benefit.
3. Automated Background Functions: The Electronic Immigration
System-3 Automated Background Functions SORN (DHS/USCIS-016) addresses
the actions USCIS ELIS takes to detect duplicate and related accounts
and identify potential national security concerns, criminality, and
fraud to ensure that serious or complex cases receive additional
scrutiny.
This SORN addresses the USCIS ELIS account and case management
process for applicants. Information for Electronic Immigration System-2
Account and Case Management (USCIS ELIS Account and Case Management) is
derived from multiple sources. The main source of information is the
benefit request formally submitted by the Applicant or Representative
(see Electronic Immigration System-1 Temporary Accounts and Draft
Benefits Requests SORN). Upon the formal submission of a benefit
request to USCIS, this information will no longer be considered
temporary and is subject to the retention schedules provided for in
this SORN.
DHS is revising the list of legacy forms that will be incorporated
into USCIS ELIS. Additional forms from which information will be
collected will be posted to the USCIS ELIS Web site as the system
develops. New categories of records collected on this revised list of
forms include immigration history (citizenship/naturalization
certificate number, removals, statuses, explanations, etc.), appeals or
motions to reopen or reconsider decisions, U.S. State Department-Issued
Personal Identification Number (PID), vaccinations, and medical
referrals. In the first release of USCIS ELIS, USCIS collects
information from the following updated list of forms:
I-90--Application to Replace Permanent Residence Card
(1615-0082), 08/31/12;
I-102--Application for Replacement/Initial Nonimmigrant
Departure Document (1615-0079), 08/31/12;
I-130--Petition for Alien Relative (1615-0012), 01/31/12
(as evidence);
I-131--Application for Travel Document (1615-0013), 03/31/
12;
I-134--Affidavit of Support (1615-0014), 05/31/12 (as
evidence);
I-290B--Notice of Appeal or Motion (91615-0095), 05/31/12;
I-508/I-508F--Waiver of Rights, Privileges, Exemptions,
and Immunities (1615-0025), 11/30/11;
I-539--Application to Extend/Change Nonimmigrant Status
(1615-0003), 02/29/12;
I-539--Application to Extend/Change Nonimmigrant Status
(On-Line Application) (Pending);
I-566--Interagency Record of Request--A, G or NATO
Dependent Employment Authorization or Change/Adjustment to/from A, G or
NATO Status (1615-0027), 01/31/11(as evidence);
I-601--Application for Waiver of Grounds of
Inadmissibility (1615-0029), 06/30/12;
I-693--Report of Medical Examination and Vaccination
Record (1615-0033), 10/31/11;
I-765--Application for Employment Authorization (1615-
0040), 09/30/11;
I-821--Application for Temporary Protected Status (1615-
0043), 10/31/13;
I-912--Request for Fee Waiver (1615-0116), 10/31/12;
AR-11--Alien Change of Address Card System (1615-0007),
09/30/11; and
G-28 Notice of Entry of Appearance as Attorney or
Accredited Representative (1615-0105), 04/30/12.
The information collected throughout the USCIS ELIS Account and
Case Management process is necessary to conduct an accurate and
thorough adjudication of a request for immigration benefits. USCIS ELIS
will use information from an Applicant's benefit request; account
updates; and/or responses to a request for evidence; as well as
information obtained during an interview and/or a biometrics collection
at an Application Support Center. The information provided by the
Applicant or his or her Representative will be used to create or update
USCIS ELIS accounts; gather any missing information; manage workflow;
generate reports; assist USCIS in making a benefit determination; and
provide a repository of data to assist with future benefit requests.
Pursuant to 8 CFR 103.2 (a)(3), Co-Applicants may not access, modify,
or participate in benefit requests submitted by the Applicant. However,
Co-Applicants may create their own USCIS ELIS accounts as Applicants
and submit their own benefit requests. USCIS personnel may input
information as they process a case, including information from
commercial sources, like LexisNexis or Dun and Bradstreet, to verify
information provided by an Applicant or Co-Applicant in support of a
request for a benefit. The USCIS ELIS Account and Case Management
process will be used to process and track all actions related to the
case, including scheduling appointments and issuing decision notices
and/or proofs of benefit. USCIS ELIS will generate notices and
notifications that will be available to individuals online, via email,
text message, or postal mail. These notices will also be stored in the
Applicant's USCIS ELIS account.
Results from Electronic Immigration System-3 Automated Background
Functions (USCIS ELIS Automated Background Functions) will also be
stored in the individual's USCIS ELIS account and/or case. This
includes information from other USCIS, DHS, and federal government
systems to confirm identity, determine eligibility, and perform
background checks. USCIS ELIS Account and Case Management may store
information from DHS systems including: DHS/USCIS-001--Alien File,
Index, and National File Tracking System of Records; DHS/USCIS-007--
Benefits Information System (BIS); DHS/USCIS/010--Asylum
[[Page 70741]]
Information and Pre-Screening; DHS/USCIS-006--Fraud Detection and
National Security Data System (FDNS-DS); DHS/CBP-011--U.S. Customs and
Border Protection TECS; DHS/ICE-001--Student and Exchange Visitor
Information System (SEVIS); DHS/ICE-011--Immigration Enforcement
Operational Records System (ENFORCE); DHS/USVISIT-001--Arrival and
Departure Information System (ADIS); and DHS/USVISIT-0012--DHS
Automated Biometric Identification System (IDENT). Furthermore, USCIS
ELIS Account and Case Management may store information from systems
outside of DHS, including: Department of State Consular Consolidated
Database (CCD); JUSTICE/EOIR-001--Records and Management Information
System; JUSTICE/FBI-002--FBI Central Records System; JUSTICE/FBI-009--
Fingerprint Identification Records System (FIRS); and TREASURY/FMS-
017--Collections Records--Treasury/Financial Management Service.
To protect Applicant, Co-Applicant, and Representative information,
USCIS ELIS will employ role-based access controls to ensure internal
users of the system do not have access to information beyond the
functions of their employment. USCIS ELIS will also maintain audit logs
of account access information by recording user identification and the
date and time of access. Case and account histories are kept in order
to track who created, deleted, or edited a record and when the change
was made.
USCIS collects, uses, and maintains account and case management
information pursuant to Sections 103 and 290 of the Immigration and
Nationality Act (INA), 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).
Consistent with DHS's information sharing mission, information
stored in the Electronic Immigration Services-2 Account and Case
Management SORN may be shared with other DHS components, as well as
appropriate federal, state, local, tribal, territorial, foreign, or
international government agencies. This sharing will only take place
after DHS determines that the receiving component or agency has a need-
to-know the information to carry out national security, law
enforcement, immigration, intelligence, or other functions consistent
with the routine uses set forth in this system of records notice. USCIS
provides information related to the immigration status of persons to
employers participating in the USCIS E-Verify program (see DHS/USCIS-
011 E-Verify Program SORN). In addition, USCIS provides the immigration
status of persons applying for benefits from a government agency
through the USCIS Systematic Alien Verification for Entitlements (SAVE)
program (see DHS/USCIS-004 Systematic Alien Verification for
Entitlements Program SORN).
DHS is issuing a Final Rule to exempt this system of records from
certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2),
elsewhere in the Federal Register. Additionally, many of the functions
in this system require retrieving records from law enforcement systems.
Where a record received from another system has been exempted in that
source system under 5 U.S.C. 552a(j)(2), DHS will claim the same
exemptions for those records that are claimed for the original primary
systems of records from which they originated and claims any additional
exemptions in accordance with this rule. This updated system will be
included in DHS's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the U.S. Government
collects, maintains, uses, and disseminates individuals' records. 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 U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/USCIS-015 Electronic
Immigration System-2 Account and Case Management 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 and to
Congress.
System of Records
DHS/USCIS-015
System name:
DHS/USCIS-015 Electronic Immigration System-2 Account and Case
Management System of Records
Security classification:
Unclassified, sensitive, for official use only, law enforcement
sensitive
System location:
Records are maintained at the USCIS Headquarters in Washington, DC
and field offices.
Categories of individuals covered by the system:
USCIS ELIS Account and Case Management stores and/or uses
information about individuals who receive or petition for benefits
under the Immigration and Nationality Act, as amended. These
individuals include: Applicants and petitioners (Applicants); co-
applicants, beneficiaries, derivatives, dependents, or other persons on
whose behalf a benefit request is made or whose immigration status may
be derived because of a relationship to an Applicant (Co-Applicants);
attorneys and representatives accredited by the Board of Immigration
Appeals (Representatives); and individuals that assist in the
preparation of the benefit request.
Categories of records in the system:
Information about Applicants and Co-Applicants may include:
USCIS ELIS account number
Alien Registration Number(s)
Family Name
Given Name
Middle Name
Alias(es)
Physical and mailing address(es):
[cir] Address
[cir] Unit Number
[cir] City
[cir] State
[cir] ZIP Code
[cir] Postal Code
[cir] Province
[cir] Country
Date Of Birth
Deceased Date
Nationality
Country of Citizenship
City Of Birth
State Of Birth
Province Of Birth
Country Of Birth
Gender
Marital Status
Military Status
Preferred Contact Method
Phone Number
[[Page 70742]]
Phone Extension
Email Address
Password
Challenge questions and answers
Immigration status
Government-issued identification (e.g. passport, driver's
license):
[cir] Document type
[cir] Issuing organization
[cir] Document number
[cir] Expiration date
Benefit requested
Signature (electronic or scanned physical signature)
Pay.gov payment tracking number
IP Address and browser information
USCIS ELIS case submission confirmation number
Benefit-specific eligibility information (if applicable) may
include:
U.S. State Department-Issued Personal Identification Number
(PID)
Arrival/Departure Information
Immigration history (citizenship/naturalization certificate
number, removals, explanations, etc.)
Family Relationships (e.g., Parent, Spouse, Sibling, Child,
Other Dependents, etc., as well as polygamy, custody, guardianship, and
other relationship practices)
USCIS Receipt/Case Number
Personal Background Information (e.g., involvement with
national security threats, Communist party, torture, genocide, killing,
injuring, forced sexual contact, limiting or denying others religious
beliefs; service in military or other armed groups; work in penal or
detention systems, weapons distribution, combat training, etc.)
Health Information (e.g., vaccinations, referrals,
communicable disease, physical or mental disorder, prostitution, drug
abuse, etc.)
Education History
Work History
Financial Information (income, expenses, scholarships,
savings, assets, property, financial support, supporter information,
life insurance, debts, encumbrances, etc.)
Social Security Number (SSN), if applicable
Supporting documentation as necessary (i.e. birth certificate,
appeals or motions to reopen or reconsider decisions, etc.)
Physical Description
Fingerprint(s)
Photographs
FBI Identification Number
Fingerprint Identification Number
Criminal Records
Criminal and National Security background check information
Preparer information includes:
Name
Organization
Physical and Mailing Addresses
Email Address
Phone and Fax Numbers
Paid/Not Paid
Relationship to Applicant
Representative information includes:
Name
Law Firm/Recognized Organization
Physical and Mailing Addresses
Phone and Fax Numbers
Email Address
Attorney Bar Card Number or Equivalent
BAR Membership
Accreditation Date
BIA Representative Accreditation Expiration Date
Law Practice Restriction Explanation
Authority for maintenance of the system:
Authority for maintaining this system is in Sections 103 and 290 of
the INA, 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):
The purpose of this system is to manage USCIS ELIS accounts; gather
information related to a benefit request; manage workflow; generate
reports; assist USCIS in making a benefit determination; and provide a
repository of data to assist with future benefit requests. In addition,
the USCIS ELIS Account and Case Management process will be used to
process and track all actions related to the case, including scheduling
appointments and issuing decision notices and/or proofs of benefit.
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 outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including U.S. Attorney
Offices, or other federal agencies conducting litigation or in
proceedings before any court, adjudicative 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. 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. If the U.S. 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 (NARA) 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. DHS 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, harm to the security or integrity
of this system or other systems or programs (whether maintained by DHS
or another agency or entity), or harm to the individual that relies
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
[[Page 70743]]
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 courts, magistrates, administrative tribunals, opposing
counsel, parties, and witnesses, in the course of immigration, civil,
or criminal proceedings before a court or adjudicative body when:
1. DHS or any component thereof; or
2. Any employee of DHS in his or her official capacity; or
3. Any employee of DHS in his or her individual capacity where the
agency has agreed to represent the employee; or
4. The United States, where DHS determines that litigation is
likely to affect DHS or any of its components;
Is a party to litigation or has an interest in such litigation, and
DHS determines that use of such records is relevant and necessary to
the litigation, and that in each case, DHS determines that disclosure
of the information to the recipient is a use of the information that is
compatible with the purpose for which it was collected.
J. 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, ICE, or CBP or
the DOJ Executive Office for Immigration Review (EOIR).
K. To DOJ (including United States Attorneys' Offices) or other
federal agencies conducting litigation or in proceedings before any
court, adjudicative or administrative body, where necessary to assist
in the development of such agency's legal and/or policy position.
L. To the Department of State (DOS) 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; or when DOS requires information to consider
and/or provide an informed response to a request for information from a
foreign, international, or intergovernmental agency, authority, or
organization about an alien or an enforcement operation with
transnational implications.
M. To appropriate federal, state, local, tribal, territorial, or
foreign governments, 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.
N. To an appropriate federal, state, tribal, territorial, 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
information.
O. 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.
P. To an individual's current employer to the extent necessary to
determine employment eligibility or to a prospective employer or
government agency to verify an individual is eligible for a government-
issued credential that is a condition of employment.
Q. 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.
R. To the Office of Management and Budget (OMB) 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.
S. To the U.S. Senate Committee on the Judiciary or the U.S. House
of Representatives Committee on the Judiciary when necessary to inform
members of Congress about an alien who is being considered for private
immigration relief.
T. To a federal, state, tribal, or local government agency and/or
to domestic courts 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 U.S. Government, or to obtain
information that may assist DHS in collecting debts owed to the U.S.
Government;
U. To an individual or entity seeking to post or arrange, or who
has already posted or arranged, an immigration bond for an alien to aid
the individual or entity in (1) identifying the location of the alien,
or (2) posting the bond, obtaining payments related to the bond, or
conducting other administrative or financial management activities
related to the bond.
V. To a coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased as a
result of a crime).
W. Consistent with the requirements of the INA, 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. Ensure that all health issues potentially affecting public
health and safety in the United States are being or have been
adequately addressed.
X. To a federal, state, local, tribal, or territorial 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.
Y. To the Social Security Administration (SSA) for the purpose of
issuing a SSN and Social Security card to an alien who has made a
request for a SSN as part of the immigration process and in accordance
with any related agreements in effect between the SSA, DHS, and DOS
entered into pursuant to 20 CFR 422.103(b)(3); 422.103(c); and
[[Page 70744]]
422.106(a), or other relevant laws and regulations.
Z. 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 conduct national intelligence and
security investigations or assist in anti-terrorism efforts.
AA. To third parties to facilitate placement or release of an
individual (e.g., at a group home, homeless shelter, etc.) who has been
or is about to be released from DHS custody but only such information
that is relevant and necessary to arrange housing or continuing medical
care for the individual.
BB. To foreign governments for the purpose of coordinating and
conducting the removal of individuals to other nations under the INA;
and to international, foreign, and intergovernmental agencies,
authorities, and organizations in accordance with law and formal or
informal international arrangements.
CC. To a federal, state, local, territorial, tribal, international,
or foreign criminal, civil, or regulatory law enforcement authority
when the information is necessary for collaboration, coordination, and
de-confliction of investigative matters, prosecutions, and/or other law
enforcement actions to avoid duplicative or disruptive efforts and to
ensure the safety of law enforcement officers who may be working on
related law enforcement matters.
DD. To the DOJ Federal Bureau of Prisons and other federal, state,
local, territorial, tribal, and foreign law enforcement or custodial
agencies for the purpose of placing an immigration detainer on an
individual in that agency's custody, or to facilitate the transfer of
custody of an individual from DHS to the other agency. This will
include the transfer of information about unaccompanied minor children
to HHS to facilitate the custodial transfer of such children from DHS
to HHS.
EE. To federal, state, local, tribal, territorial, or foreign
governmental or quasi-governmental agencies or courts to confirm the
location, custodial status, removal, or voluntary departure of an alien
from the United States, in order to facilitate the recipients' exercise
of responsibilities pertaining to the custody, care, or legal rights
(including issuance of a U.S. passport) of the removed individual's
minor children, or the adjudication or collection of child support
payments or other debts owed by the removed individual.
FF. To a federal, state, tribal, territorial, local, international,
or foreign government agency or entity for the purpose of consulting
with that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a DHS component or program; (2) for the purpose of verifying the
identity of an individual seeking redress in connection with the
operations of a DHS component or program; or (3) for the purpose of
verifying the accuracy of information submitted by an individual who
has requested such redress on behalf of another individual.
GG. To the Department of Treasury to process and resolve payment
issues.
HH. 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:
None.
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 any of the data elements listed above
or a combination thereof.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and 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.
Retention and disposal:
USCIS is currently working with the National Archives and Records
Administration (NARA) to establish and publish the proposed USCIS ELIS
records retention schedules. USCIS currently plans to retain all
account information and supporting evidence for 100 years after the
account holder's date of birth, or 15 years from last action, whichever
is later. Permanent accounts (e.g. for applicants who currently have A-
files) and related case snapshots and supporting evidence are permanent
and will be transferred to the custody of the NARA 100 years after the
individual's date of birth. Non-immigrant case information and
supporting evidence will be stored for 15 years from last action.
U.S. citizen accounts and cases will be archived internally after
five years. All accounts and cases will be put in an inactive status 15
years after last action.
Records that are linked to national security, law enforcement, or
fraud investigations or cases will remain accessible for the life of
the related activity, to the extent retention for such purposes exceeds
the normal retention period for such data in USCIS ELIS. USCIS is
reviewing its needs for the information as it transitions to a fully
electronic environment and may amend its retention plans and schedules
as needed.
USCIS proposes that, in compliance with NARA General Records
Schedule 24, section 6, ``User Identification, Profiles,
Authorizations, and Password Files,'' internal USCIS personnel accounts
will be destroyed or deleted six years after the account is terminated,
or when no longer needed for investigative or security purposes,
whichever is later.
System Manager and address:
The DHS system manager is the Chief, Records Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW.,
Washington, DC 20529.
Notification procedure:
Applicants may access and amend this information by logging in to
their USCIS ELIS account. Pursuant to 8 CFR 103.2(a)(3), Co-Applicants
may access their information by logging in to USCIS ELIS after the
benefit request has been approved or denied. Further, individuals
seeking notification of and access to any record contained in this
[[Page 70745]]
system of records, or seeking to contest its content, may submit a
request in writing to the 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://www.dhs.gov/foia under ``Contacts.''
If an individual believes more than one component maintains Privacy Act
records concerning him or her, the individual may submit the request to
the Chief Privacy Officer and Chief Freedom of Information Act Officer,
Department of Homeland Security, 245 Murray Drive SW., Building 410,
STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental 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 of
perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/ or 1-(866) 431-0486. In addition you should:
Provide an explanation of why you believe the Department
would have information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
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 the component(s) may 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:
Records are obtained from the Applicant or his or her
Representative. USCIS personnel may input information as they process a
case, including information from commercial sources, like LexisNexis or
Dunn and Bradstreet, to verify whether an Applicant or Co-Applicant is
eligible for the benefit requested. USCIS ELIS Account and Case
Management will also store and use information from the following
USCIS, DHS, and other federal agency systems of records:
DHS/USCIS-001--Alien File, Index, and National File
Tracking System of Records;
DHS/USCIS-007--Benefits Information System (BIS);
DHS/USCIS-010--Asylum Information and Pre-Screening;
DHS/USCIS-006--Fraud Detection and National Security Data
System (FDNS-DS);
DHS/USCIS-014--Electronic Immigration System-1 Temporary
Accounts and Draft Benefit Requests System of Records;
DHS/USCIS-016--Electronic Immigration System-3 Automated
Background Functions System of Records;
DHS/CBP-011--U.S. Customs and Border Protection TECS;
DHS/ICE-001--Student and Exchange Visitor Information
System (SEVIS);
DHS/ICE-011--Immigration Enforcement Operational Records
System (ENFORCE);
DHS/USVISIT-001--Arrival and Departure Information System
(ADIS);
DHS/USVISIT-0012--DHS Automated Biometric Identification
System (IDENT);
Department of State Consular Consolidated Database (CCD);
JUSTICE/EOIR-001--Records and Management Information
System;
JUSTICE/FBI-002--FBI Central Records System;
JUSTICE/FBI-009--Fingerprint Identification Records System
(FIRS); and
TREASURY/FMS-017--Collections Records--Treasury/Financial
Management Service.
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted this system from
the following provisions of the Privacy Act pursuant to 5 U.S.C.
552a(k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I); and (f). Additionally, many of the functions in this system
require retrieving records from law enforcement systems. Where a record
received from another system has been exempted in that source system
under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those
records that are claimed for the original primary systems of records
from which they originated and claims any additional exemptions in
accordance with this rule.
Dated: November 2, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-29451 Filed 11-14-11; 8:45 am]
BILLING CODE 9111-97-P