[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20673-20680]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2013-07725]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2013-0026]
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, Department of Homeland Security.
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 a current 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 allows the Department of Homeland Security/U.S.
Citizenship and Immigration Services to: collect and maintain records
on an individual after that individual submits a benefit request and/or
creates or updates a U.S. Citizenship and Immigration Services
Electronic Immigration System account; 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 of
biometrics appointments and interviews, requests for evidence or
additional information, and issuing decision notices and/or proofs of
benefit. This notice updates this system of records to (1) include
additions to the categories of individuals and categories of records,
(2) clarify routine uses ``A,'' ``H,'' ``L,'' and ``M,'' (3) delete
routine use ``S,'' and (4) reflect a reduced retention period for
attorney and accredited representative accounts. Additionally, this
notice includes non-substantive changes to simplify the formatting and
text of the previously published notices. The exemptions for the
existing system of records notice will continue to be applicable for
this system of records notice. Additionally, this system will continue
to be included in the Department of Homeland Security's inventory of
record systems.
Dates and Comments: Submit comments on or before May 6, 2013. In
particular, DHS requests comments concerning the application of the
exemptions to the newly added categories of individuals and category of
records. This updated system will be effective May 6, 2013.
ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0026 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov/.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting 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, please visit http://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
[[Page 20674]]
Donald K. Hawkins, (202) 272-8000, Privacy Officer, U.S. Citizenship
and Immigration Services, 20 Massachusetts Avenue NW., Washington, DC
20529. For privacy questions, please contact: Jonathan R. Cantor, (202)
343-1717, Acting 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 a current DHS system of
records titled, ``DHS/USCIS-015 Electronic Immigration System-2 Account
and Case Management System of Records'' (November 15, 2011, 76 FR
70739).
USCIS is the component of DHS that oversees immigration benefit
requests from foreign nationals seeking to enter, be admitted to, or
currently residing in the United States. USCIS transformed its
operations and created a new electronic environment known as USCIS
Electronic Immigration System (USCIS ELIS), which allows individuals
requesting USCIS benefits to create immigration accounts online and
submit certain benefit requests.
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/
or their attorneys and representatives recognized by USCIS and/or
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 cases. Through USCIS ELIS, individuals
also may submit evidence electronically.
USCIS ELIS uses information provided on initial and subsequent
benefit requests and subsequent information collections through the
USCIS ELIS Account and Case Management process to create or update
USCIS ELIS accounts; collect any missing information; manage workflow;
assist USCIS adjudicators as they make benefit determinations; 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 biometrics appointments and interviews,
requesting evidence or additional information, and issuing decision
notices and/or proofs of benefit.
This system of records is being updated and reissued to (1) include
additions to the categories of individuals and categories of records,
(2) clarify routine uses ``A,'' ``H,'' ``L,'' and ``M,'' (3) delete
routine use ``S,'' and (4) reflect a reduced retention period for
attorney and accredited representative accounts.
Categories of individuals are being updated to include Interpreters
and Sponsors to better reflect the ways USCIS ELIS captures data and to
include data to be collected as additional benefit types are
incorporated into USCIS ELIS. Categories of records for Applicants and
Co-Applicants are being updated to include:
U.S. County;
Fax Numbers;
Notices and Communications;
Other Immigration-Related Identification Numbers
including:
[cir] Immigration and Customs Enforcement (ICE) Student and
Exchange Visitor Number; and
[cir] USCIS E-Verify Company Identification Number;
Tax Records;
Travel History;
Professional Accreditation Information; and
Relationships to Sponsors, Representatives, Preparers, Co-
Applicants, and other Applicants.
Categories of records for Representatives are being updated to
include Signature.
Categories of Records for Interpreters are being added and include:
Name;
Organization;
Physical and Mailing Addresses;
Email Address;
Phone and Fax Numbers;
Relationship to Applicant;
Whether Interpreters are Paid/Not Paid;
Business State ID Number; and
Signature.
Categories of records for Preparers are being updated to include:
Whether Preparers or Interpreters are Paid/Not Paid;
Business State ID Number; and
Signature.
Categories of records about Sponsors are being added and include:
Full Name;
Gender;
Physical and Mailing Addresses;
Phone and Fax Numbers;
Country of Domicile;
Date of Birth;
Place of Birth;
Citizenship Information;
Social Security Number (SSN);
Alien Registration Number (A-Number);
Employment Information;
Financial Information;
Position and Relationship to an Organization;
Family Relationships and Relationship Practices; and
Signature.
This updated notice clarifies the following routine uses. Routine
use ``A'' has been updated to correct a grammatical error. Routine use
``H'' has been updated to clarify under which circumstances USCIS would
release records to clerks and judges of courts exercising
naturalization jurisdiction. Routine use ``L'' has been updated to read
``requests'' instead of ``petitions or applications.'' Routine use
``M'' has been updated to correct a typographical error. One routine
use listed in the previous notice is omitted in this update. Previous
routine use ``S,'' which provided disclosure to certain members of
Congress, was deleted because it was duplicative to existing
authorization to disclose records under 5 U.S.C. 552a(b)(9). Finally,
this updated notice includes a note explaining that confidentiality
laws and policies may limit the sharing of some information that may
otherwise be shared under a valid routine use.
This updated notice also presents a different retention period for
information about attorneys and accredited representatives. USCIS will
propose to the National Archive and Records Administration that USCIS
ELIS accounts for attorneys and accredited representatives be retained
for 7 years, 6 months.
Information in this system comes from the USCIS Electronic
Immigration System-1 (USCIS ELIS Temporary Accounts and Draft Benefit
Requests), which stores draft account and case information from
Applicants and their Representatives. Once that draft information is
signed and formally submitted with payment to USCIS, it becomes part of
this USCIS Electronic Immigration System-2 (USCIS ELIS Account and Case
Management). Results from USCIS 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,
[[Page 20675]]
and perform background checks. This USCIS ELIS Account and Case
Management system may store information from other DHS systems
including: DHS/USCIS/ICE/CBP (U.S. Customs and Border Patrol)-001 Alien
File, Index, and National File Tracking System of Records; DHS/USCIS-
006 Fraud Detection and National Security Data System (FDNS-DS); DHS/
USCIS-007 Benefits Information System (BIS); DHS/USCIS-010 Asylum
Information and Pre-Screening; DHS/USCIS-014 Electronic Immigration
System-1 Temporary Accounts and Draft Benefit Requests System of
Records (USCIS ELIS-1); DHS/USCIS-016 Electronic Immigration System-3
Automated Background Functions System of Records (USCIS ELIS-3); 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 (United States Visitor and Immigrant Status Indicator
Technology)-001 Arrival and Departure Information System (ADIS); and
DHS/USVISIT-004 DHS Automated Biometric Identification System (IDENT).
Furthermore, USCIS ELIS Account and Case Management may store
information from systems outside of DHS, including: Overseas Citizens
Services Records, STATE-05; Passport Records, STATE-26; Visa Records,
STATE-39; JUSTICE/EOIR (Department of Justice, Executive Office for
Immigration Review)-001 Records and Management Information System;
JUSTICE/FBI (Department of Justice, Federal Bureau of Investigations)-
002 FBI Central Records System; JUSTICE/FBI-009 Fingerprint
Identification Records System (FIRS); and TREASURY/FMS (Department of
Treasury, Financial Management Service)-017 Collections Records.
USCIS ensures that all USCIS ELIS employees receive training and
agree to USCIS-wide system rules of behavior before being granted
access. USCIS provides security awareness training to all information
system users (including managers, senior executives, and contractors)
as part of initial training for new users, when required by system
changes, and annually thereafter. DHS personnel and contractors with
significant security responsibilities (e.g., adjudicators and system
administrators) initially receive specialized training on USCIS ELIS
functionality that is specific to their security responsibilities prior
to being granted access to DHS systems. Thereafter, DHS personnel and
contractors must complete annual refresher training.
USCIS collects, uses, and maintains account and case management
information pursuant to Sections 103 and 290 of the INA (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 DHS/USCIS-015 Electronic Immigration Services-2 Account
and Case Management, may be shared with other DHS components that have
a need to know the information to carry out their national security,
law enforcement, immigration, intelligence, or other homeland security
functions. In addition, information may be shared with appropriate
federal, state, local, tribal, territorial, foreign, or international
government agencies consistent with the routine uses set forth in this
system of records notice.
Additionally, DHS has issued a Final Rule, 76 FR 70638, to exempt
this system of records from certain provisions of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2). The exemptions for the existing system
of records notice will continue to be applicable for this system of
records notice. DHS is requesting comments concerning the application
of the exemptions to the newly added categories of individuals and
category of records.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate 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 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. 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 when 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 (OMB) 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, and/or law
enforcement sensitive.
System location:
Records are maintained in USCIS ELIS and associated electronic and
paper files located at USCIS Headquarters in Washington, DC and in
USCIS service centers and field offices.
Categories of individuals covered by the system:
USCIS ELIS Account and Case Management stores and/or uses
information about individuals who request and/or receive immigration
benefits under the INA. 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); members of organizations petitioning for
benefits under the INA on behalf of, or contributing to, the financial
support of an Applicant or Co-Applicant (Sponsors); attorneys and
representatives recognized by USCIS and/or accredited by the Board of
Immigration Appeals (Representatives); Interpreters; and individuals
who assist in the preparation of the benefit request (Preparers).
Categories of records in the system:
Account information about Applicants and Co-Applicants may include:
USCIS ELIS Account Number;
A-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] U.S. County
[cir] Province
[cir] Country
[[Page 20676]]
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 and Fax Numbers;
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;
Notices and Communications, including:
[cir] Receipt Notices
[cir] Requests for Evidence
[cir] Notices of Intent to Deny
[cir] Account Update Notifications
[cir] Proofs of Benefit
o Statements of Findings
Signature (electronic or scanned physical signature);
Pay.gov Payment Tracking Number;
IP Address and Browser Information as part of the E-
Signature;
USCIS ELIS Case Submission Confirmation Number.
Benefit-specific eligibility information about Applicants and Co-
Applicants may include:
Other Immigration-Related Identification Numbers (e.g.,
DOS-Issued Personal Identification Number, ICE Student and Exchange
Visitor Number, USCIS E-Verify Company Identification Number);
Arrival/Departure Information;
Immigration History (e.g., citizenship/naturalization
certificate number, removals, explanations);
Family Relationships (e.g., parent, spouse, sibling,
child, other dependents) and Relationship Practices (e.g., polygamy,
custody, guardianship);
USCIS Receipt/Case Number;
Personal Background Information (e.g., involvement with
national security threats, criminal offenses, 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);
Health Information (e.g., vaccinations, referrals,
communicable diseases, physical or mental disorders, prostitution, drug
or alcohol abuse);
Travel History;
Education History;
Work History;
Professional Accreditation Information;
Financial Information (e.g., income, expenses,
scholarships, savings, assets, property, financial support, supporter
information, life insurance, debts, encumbrances, tax records);
SSN, if applicable;
Supporting documentation as necessary (e.g., birth,
marriage, and/or divorce certificates, appeals or motions to reopen or
reconsider decisions, explanatory statements, and unsolicited
information submitted voluntarily by the Applicants or Co-Applicants in
support of a benefit request);
Physical Description (e.g., height, weight, eye color,
hair color, identifying marks like tattoos or birthmarks);
Fingerprint(s);
Photographs;
FBI Identification Number;
Fingerprint Identification Number;
Criminal Records;
Criminal and National Security Background Check
Information;
Relationships to Sponsors, Representatives, Preparers, Co-
Applicants, and other Applicants.
Information about Sponsors may include:
Full Name;
Gender;
Physical and Mailing Addresses:
[cir] Address
[cir] Unit Number
[cir] City
[cir] State
[cir] ZIP Code
[cir] Postal Code
[cir] U.S. County
[cir] Province
[cir] Country
Phone and Fax Numbers;
Country of Domicile;
Date of Birth;
City of Birth;
State of Birth;
Province of Birth;
Country of Birth;
Citizenship Information;
SSN;
A-Number;
Employment Information;
Financial Information (e.g., income, expenses,
scholarships, savings, assets, property, financial support, supporter
information, life insurance, debts, encumbrances, tax records);
Position and Relationship to an Organization (e.g.,
manager of a company seeking formal recognition by USCIS);
Family Relationships (e.g., parent, spouse, sibling,
child, other dependents) and Relationship Practices (e.g., polygamy,
custody, guardianship);
Signature (electronic or scanned physical signature).
Information about Representatives may include:
Name;
Law Firm/Recognized Organization;
Physical and Mailing Addresses:
[cir] Address
[cir] Unit Number
[cir] City
[cir] State
[cir] ZIP Code
[cir] Postal Code
[cir] U.S. County
[cir] Province
[cir] Country
Phone and Fax Numbers;
Email Address;
Attorney Bar Card Number or Equivalent;
Bar Membership;
Accreditation Date;
Board of Immigration Appeals Representative Accreditation;
Expiration Date;
Law Practice Restriction Explanation;
Signature (electronic or scanned physical signature);
Information about Preparers and Interpreters may include:
Full Name;
Organization;
Business State ID Number;
Physical and Mailing Addresses:
[cir] Address
[cir] Unit Number
[cir] City
[cir] State
[cir] ZIP Code
[cir] Postal Code
[cir] U.S. County
[cir] Province
[cir] Country
Email Address;
Phone and Fax Numbers;
Paid/Not Paid (i.e., whether the Preparer or Interpreter
was paid for assisting the Applicant or Sponsor in completing or
submitting the benefit request);
Relationship to Applicant;
Signature (electronic or scanned physical signature).
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 on-line
applicant,
[[Page 20677]]
representative, and organizational accounts; gather information related
to a benefit request; manage workflow; generate reports; assist USCIS
adjudicators 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
of biometrics appointments and interviews, requesting evidence or
additional information, 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:
Note: Even when a valid routine use permits disclosure of
information from this system of records to a third party, in some
cases such disclosure may not be permissible because of
confidentiality laws and policies that limit the sharing of
information about the application for or award of certain
immigration benefits. For example, information in this system of
records contained in or pertaining to applications for asylum or
refugee protection, information relating to persons who have pending
or approved petitions for protection under the Violence Against
Women Act, Seasonal Agricultural Worker or Legalization claims, the
Temporary Protected Status of an individual, and information
relating to S, T, or U nonimmigrant visas should not be disclosed
pursuant to a routine use unless disclosure is otherwise permissible
under the confidentiality statutes, regulations, or policies
applicable to that information. These confidentiality provisions do
not prevent DHS from disclosing information to the U.S. Department
of Justice (DOJ) and U.S. Attorneys' Offices as part of an ongoing
criminal or civil investigation.
In addition to those disclosures generally permitted under 5 U.S.C.
Sec. 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. Sec. 552a(b)(3) as follows:
A. To DOJ, including U.S. Attorneys' Offices, or other federal
agencies conducting litigation or in proceedings before any court,
adjudicative or administrative body, when it is relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
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
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization 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 identity theft or fraud, harm
to economic or property interests, harm to an individual, 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 to review naturalization decisions, entertain requests for
hearings, or consider the revocation of naturalization, and to enable
those courts to determine whether a naturalization case should be
remanded to DHS, whether an individual is eligible for naturalization,
or if an individual previously granted naturalization should have
naturalization revoked.
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 when the
agency has agreed to represent the employee; or
4. The United States, when 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 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, CBP, or
DOJ 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, when necessary to assist
in the development of such agency's legal and/or policy position.
L. To DOS in the processing of requests for benefits under the INA,
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 an appropriate federal, state, local, tribal, territorial, or
foreign government agency or organization, as well as to other
individuals and organizations during the course of an
[[Page 20678]]
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 or to
elicit information required by DHS to carry out its functions and
statutory mandates.
N. To an appropriate federal, state, local, tribal, territorial, 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, or
foreign government agency or organization, or international
organization, 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 when
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
R. To 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 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.
T. 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.
U. To a coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased as a
result of a crime).
V. Consistent with the requirements of the INA, to the Department
of Health and Human Services (HHS), the Centers for Disease Control and
Prevention, 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 lawful permanent residents; and
2. Ensure that all health issues potentially affecting public
health and safety in the United States are being or have been
adequately addressed.
W. 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.
X. 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 Sec. Sec. 422.103(b)(3); 422.103(c);
and 422.106(a), or other relevant laws and regulations.
Y. 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.
Z. To third parties to facilitate placement or release of an
individual (e.g., at a group home, homeless shelter) 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.
AA. 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.
BB. 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.
CC. 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.
DD. 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.
EE. To 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
[[Page 20679]]
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.
FF. To the Department of Treasury to process and resolve payment
issues.
GG. 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
may be stored on magnetic disc, tape, and/or digital media.
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 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 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. Representative accounts will be stored for 7 years, 6
months 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, Office of Transformation
Coordination, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 633 3rd Street NW., Washington, DC 20529.
Notification procedure:
Applicants may access and amend this information by logging into
their USCIS ELIS account. 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 the National
Records Center (NRC) FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO
64064-8010. NRC's contact information can be found at http://www.dhs.gov/foia under ``Contacts.'' If an individual believes that
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 you must provide your full name,
current address, and date and place of birth. You must sign your
request, and your signature must be either 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/foia or 1-866-431-0486. In addition, you should:
Explain 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; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
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 the above information, the component(s) may not be able to
conduct an effective search, and the 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, the primary Applicant for
a Co-Applicant, Sponsor, his or her Representative, Preparer, or
Interpreter. USCIS personnel may input information as they process a
case, including information from commercial sources 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/ICE/CBP-001 Alien File, Index, and National File
Tracking
[[Page 20680]]
System of Records, 76 FR 34233 (June 13, 2011);
DHS/USCIS-007 Benefits Information System, 73 FR 56596
(September 29, 2008);
DHS/USCIS-010 Asylum Information and Pre-Screening, 75 FR
409 (January 5, 2010);
DHS/USCIS-006 Fraud Detection and National Security
Records (FDNS) 77 FR 47411 (August 8, 2012);
DHS/USCIS-014 Electronic Immigration System-1 Temporary
Accounts and Draft Benefit Requests System of Records, 76 FR 70730
(November 15, 2011);
DHS/USCIS-016 Electronic Immigration System-3 Automated
Background Functions System of Records, 76 FR 70735 (November 15,
2011);
DHS/CBP-011 U.S. Customs and Border Protection TECS, 73 FR
77778 (December 19, 2008);
DHS/ICE-001 Student and Exchange Visitor Information
System, 75 FR 412 (January 5, 2010);
DHS/ICE-011 Immigration and Enforcement Operational
Records System (ENFORCE), 75 FR 23274 (May 3, 2010);
DHS/USVISIT-001 Arrival and Departure Information System
(ADIS), 72 FR 47057 (August 22, 2007);
DHS/USVISIT-004 DHS Automated Biometric Identification
System (IDENT), 72 FR 31080 (June 5, 2007);
Overseas Citizens Services Records, STATE-05, 73 FR 24343
(May 2, 2008);
Passport Records, STATE-26, 76 FR 34966 (July 6, 2011);
Visa Records, STATE-39, 77 FR 65245 (October 25, 2012);
JUSTICE/EOIR-001 Records and Management Information
System, 72 FR 3410 (January 25, 2007);
JUSTICE/FBI-002 The FBI Central Records System, 72 FR 3410
(January 25, 2007);
JUSTICE/FBI-009 Fingerprint Identification Records System
(FIRS), 72 FR 3410 (January 25, 2007); and
TREASURY/FMS-017 Collections Records, 74 FR 23006 (May 15,
2009).
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. When 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 set
forth here.
Dated: March 22, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-07725 Filed 4-4-13; 8:45 am]
BILLING CODE 9111-97-P