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for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Suggest ways to enhance the
quality, utility, and clarity of the
information to be collected; and
(4) Suggest ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology, e.g., permitting electronic
submissions of responses.
Overview of this Information Collection

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(1) Type of Information Collection:
Renewal of Information Collection.
(2) Title of the Form/Collection: First
Responders Community of Practice:
User Registration Form.
(3) Agency Form Number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: DHS Science
& Technology Directorate, DHS Form
10059 (09/09).
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Individuals; the data will be
gathered from individual first
responders who wish to participate in
the First Responders Community of
Practice.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond:
a. Estimate of the total number of
respondents: 5000.
b. An estimate of the time for an
average respondent to respond: 0.25
burden hours.
c. An estimate of the total public
burden (in hours) associated with the
collection: 2500 burden hours.
Dated: June 3, 2011.
Tara O’Toole,
Under Secretary for Science and Technology.
[FR Doc. 2011–14551 Filed 6–10–11; 8:45 am]
BILLING CODE 9110–9F–P

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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2011–0048]

Privacy Act of 1974; U.S. Citizenship
and Immigration Services, Immigration
and Customs Enforcement, Customs
and Border Protection—001 Alien File,
Index, and National File Tracking
System of Records
Privacy Office, DHS.
Notice of Update and
Reissuance of Privacy Act System of
Records.

AGENCY:
ACTION:

The Department of Homeland
Security is updating and re-publishing
the previously established Privacy Act
system of records notice published in
the Federal Register on January 16,
2007 for the Department of Homeland
Security U.S. Citizenship and
Immigration Services, Immigration and
Customs Enforcement, and the Customs
and Border Protection Alien File, Index,
and National File Tracking System of
Records. This system of records
contains information regarding
transactions involving an individual as
he/she passes through the U.S.
immigration and inspection process,
some of which may also be covered by
separate systems of records notices. This
system of records contains personally
identifiable information such as the
individual’s name, Alien Registration
Number, receipt file number, date and
place of birth, date and port of entry, as
well as the location of each official
Alien File. It may also contain other
personal identifiers such as an
individual’s social security number. The
Department of Homeland Security is
updating the Department of Homeland
Security United States Citizenship and
Immigration Services—001 Alien File
and Central Index System to be renamed
Department of Homeland Security U.S.
Citizenship and Immigration Services,
Immigration and Customs Enforcement,
Customs and Border Protection—001
Alien File, Index, and National File
Tracking System of Records with the
following substantive changes: (1) The
addition of new routine uses to allow
the Department of Homeland Security to
share information from the system; (2)
an update to the classification level of
the system and to provide notice that
the system may contain classified
records; and (3) a proposed exemption
from certain provisions of the Privacy
Act for records that are classified.
Additionally, this notice includes nonsubstantive changes to simplify the
formatting and text of the previously

SUMMARY:

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published notice and improve the
public’s understanding of the system.
To propose the additional exemption,
the Department of Homeland Security is
also giving concurrent notice of
proposed rulemaking pursuant to the
Privacy Act of 1974 for the Department
of Homeland Security U.S. Citizenship
and Immigration Services, Immigration
and Customs Enforcement, Customs and
Border Protection—001 Alien File,
Index, and National File Tracking
System of Records. The legacy final rule
exempting the Immigration and
Naturalization Service Alien File and
Central Index System, JUSTICE/INS–
001A legacy system of records from
certain portions of the Privacy Act
remains in effect until publication of a
final rule by the Department of
Homeland Security.
DATES: Submit comments on or before
July 13, 2011.
ADDRESSES: You may submit comments,
identified by DHS–2011–0048 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 Department of
Homeland Security as 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 by the
submitter.
• 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, U.S.
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland
Security (DHS) implements U.S.
immigration law and policy through the
U.S. Citizenship and Immigration
Service’s (USCIS) processing and
adjudication of applications and
petitions submitted for citizenship,

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asylum, and other immigration benefits.
USCIS also supports national security
by preventing individuals from
fraudulently obtaining immigration
benefits and by denying applications
from individuals who pose national
security or public safety threats. U.S.
immigration policy and law is also
implemented through U.S. Immigration
and Customs Enforcement’s (ICE) law
enforcement activities and U.S. Customs
and Border Protection’s (CBP)
inspection and border protection
processes.
The Alien File (A-File), Index, and
National File Tracking System of
Records is the official record system that
contains information regarding
transactions involving an individual as
he/she passes through the U.S.
immigration and inspection process.
The DHS/USCIS–ICE–CBP–001 Alien
File, Index, and National File Tracking
System of Records contains personally
identifiable information (PII) such as the
individual’s name, Alien Registration
Number, receipt file number, date and
place of birth, date and port of entry, as
well as the location of each official AFile. It may also contain other personal
identifiers such as an individual’s
Social Security Number (SSN), if the
individual has one and it is in the AFile. Some records contained in the
DHS/USCIS–ICE–CBP–001 A-Files are
derived from separate systems of record,
in which case the system of records
notice pertaining to the originating
system would govern the treatment of
those records. Previously, the legacy
agency Immigration and Naturalization
Services (INS) collected and maintained
information concerning all of these
immigration and inspection
interactions. Since the formation of
DHS, however, immigration
responsibilities have been divided
among USCIS, ICE, and CBP. While
USCIS is the custodian of the A-File, all
three components create and use AFiles, hence this joint System of Records
Notice.
A notice detailing this system of
records was last published in the
Federal Register on January 16, 2007, as
the DHS/USCIS–001 Alien File and
Central Index System (CIS), (72 FR
1755).
DHS is updating the DHS/USCIS–001
Alien File and Central Index System of
Records to be renamed DHS/USCIS–
ICE–CBP–001 Alien File, Index, and
National File Tracking System of
Records to include the following
substantive changes: (1) The addition of
thirteen routine uses and updates to
other routine uses to allow DHS to share
information from the system; (2) an
update to the classification level of the

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system and to provide notice that the
system may contain classified records;
and (3) a proposed exemption from
certain provisions of the Privacy Act for
records that are classified.
DHS is renaming this system in order
to provide a better description of the
types of records that are maintained in
this system of records. These records
may be maintained in paper or
electronic format, but the uses and
protections outlined in the notice do not
change because of the format or the
specific IT system in which they are
maintained. DHS has provided more
explicit notice on the specific IT
systems where these types of records
may exist under ‘‘Location.’’
Below is a summary of the thirteen
routine use additions or modifications
with the letter in parentheses
corresponding to the routine use
impacted:
(A) Updated: To include DHS as an
additional party for litigation in the
release of information to the Department
of Justice (DOJ);
(D) New: To an agency, organization,
or individuals for the purpose of
performing audits or oversight as
authorized by law;
(F) Updated: To include interns and
students working on assignments for
DHS;
(I) New: To courts for immigration,
civil, or criminal proceedings;
(K) New: To DOJ or other federal
agencies when conducting litigation to
assist in development of the agency’s
legal and/or policy position;
(L) Updated: To include sharing with
international organizations about an
alien or an enforcement operation with
transnational implications;
(P) New: To a government
organization in regards to hiring or
retention of an individual where failure
to disclose the information on an
individual is likely to create a security
risk;
(Q) Updated: Rewritten to provide
better clarification on when information
is released to current or prospective
employers;
(T) New: To Congress during the
private immigration relief legislation
process;
(U) Updated: To government agencies
to assist in the collection of debts;
(V) Updated: To third parties posting
immigration bonds;
(BB) New: To third parties when an
individual will be released from DHS
custody to assist with arranging housing
or medical care;
(CC) New: To domestic government
agencies when an individual will be
released from DHS custody and there

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are concerns related to health and
safety;
(DD) New: To foreign governments to
coordinate removal of individuals;
(EE) New: To law enforcement
agencies for de-conflicting
investigations and other coordination of
law enforcement activities;
(FF) New: To custodial agencies to
place an immigration detainer on an
individual or to facilitate the transfer of
custody of the individual from DHS to
that agency;
(GG) New: To government agencies to
confirm the location, custodial status,
removal or voluntary departure of an
alien in order to facilitate the custody,
care and/or legal rights of the
individual’s minor children;
(HH) New: To government agencies to
assist in making determinations of
redress;
(II) New: To share information from
the system on a case-by-case basis with
the news media or public.
The latter sharing, to the news media
or public, would be done only with the
approval of the DHS Chief Privacy
Officer, who will weigh the public
interest in receiving the information
against the privacy interests of the
individual to whom the information
pertains, when the disclosure is
necessary to preserve confidence in the
integrity of DHS or demonstrate the
accountability of DHS personnel.
Classification level: DHS has updated
the SORN to indicate that both
classified and unclassified information
may be maintained in the A-File, as
such DHS is providing a concurrent
notice of proposed rulemaking pursuant
to the Privacy Act of 1974 for the DHS/
USCIS–ICE–CBP—001 Alien File, Index,
and National File Tracking System of
Records to include an exemption for
classified information in addition to the
existing law enforcement information
exemption. The proposed rule extends
the Privacy Act exemption to classified
information and then re-publishes the
existing exemptions claimed for the
legacy JUSTICE/INS–001A A-File and
CIS, (66 FR 46812). Generally, USCIS,
ICE, and CBP are not the originators of
the classified materials maintained in
some A-Files. DHS therefore, would rely
upon the Privacy Act exemptions
claimed by the system of records from
which the classified material originated.
By issuing this particular exemption,
DHS is providing further transparency
about the existence of classified material
in this system of records. All of the
exemptions DHS is proposing are
standard law enforcement and national
security exemptions exercised by a large
number of federal law enforcement and
intelligence agencies. Until DHS

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publishes a final rule exempting the
system from certain portions of the
Privacy Act, the legacy final rule
exempting the JUSTICE/INS–001A AFile and CIS, (66 FR 46812) legacy
system of records from certain portions
of the Privacy Act remains in effect for
this system of records.
Pursuant to Pub. L. No. 107–296,
Homeland Security Act of 2002, Section
804 Savings Provisions, and by
reference 28 CFR Appendix C to Part 16,
Subpart E, pertaining to the JUSTICE/
INS–001A A-File and CIS, (66 FR
46812) system of records notice, the
records and information in this system
are exempt from 5 U.S.C. 552a (c)(3) and
(4), (d), (e)(1), (2), and (3), (e)(4)(G) and
(H), (e)(5) and (8), and (g) of the Privacy
Act. These exemptions apply only to the
extent that records in the system are
subject to exemption pursuant to 5
U.S.C. 552a (j)(2) and (k)(2).
Administrative changes: In addition
to the above mentioned substantive
changes to this system of records notice,
DHS has updated the categories of
individuals and categories of records so
that they are more clearly defined.
Consistent with DHS’s statutory
information sharing mission,
information stored in the DHS/USCIS–
ICE–CBP—001 Alien File, Index, and
National File Tracking System of
Records may be shared with other DHS
components, as well as appropriate
federal, state, local, tribal, foreign, or
international government agencies. This
sharing will take place only 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 purposes
of this system of records and the routine
uses set forth in this system of records
notice.
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 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
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative

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Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors, and aliens. 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 that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses to which
their records are put, and to assist
individuals to more easily find such
files within the agency. Below is the
description of the DHS/USCIS–ICE–
CBP—001 A-File, Index, and National
File Tracking system of records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
revised system of records to the Office
of Management and Budget and to the
Congress.
SYSTEM OF RECORDS:

DHS/USCIS–ICE–CBP—001.
SYSTEM NAME:

Department of Homeland Security
U.S. Citizenship and Immigration
Services, Immigration and Customs
Enforcement, Customs and Border
Protection—001 Alien File, Index, and
National File Tracking System of
Records.
SECURITY CLASSIFICATION:

Unclassified, sensitive, for official use
only, and classified.
SYSTEM LOCATION:

Alien Files (A-Files) are maintained
in electronic and paper format
throughout DHS. Digitized A-Files are
located in the Enterprise Document
Management System (EDMS). The
Central Index System (CIS) maintains an
index of the key personally identifiable
information (PII) in the A-File which
can be used to retrieve additional
information through such applications
as Enterprise Citizenship and
Immigrations Services Centralized
Operational Repository (eCISCOR), the
Person Centric Query Service (PCQS)
and the Micorfilm Digitization
Application System (MiDAS). The
National File Tracking System (NFTS)
provides a tracking system of where the
A-Files are physically located, including
whether the file has been digitized.
The databases maintaining the above
information are located within the DHS

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data center in the Washington, D.C.
metropolitan area as well as throughout
the country. Computer terminals
providing electronic access are located
at U.S. Citizenship and Immigration
Services (USCIS) sites at Headquarters
and in the Field throughout the United
States and at appropriate facilities under
the jurisdiction of the U.S. Department
of Homeland Security (DHS) and other
locations at which officers of DHS
component agencies may be posted or
operate to facilitate DHS’s mission of
homeland security. Hard copies of the
A-Files are primarily located at the
records centers in Lee Summit,
Missouri; Suitland, Maryland; San
Bruno, California; Seattle, Washington;
and Dayton, Ohio. Hard copies may also
be located at Headquarters, Regional,
District, and other USCIS file control
offices in the United States and foreign
countries as detailed on the agency’s
Web site, http://www.USCIS.gov. Hard
copies may also be located at the offices
and facilities of U.S. Immigration and
Customs Enforcement (ICE) and U.S.
Customs and Border Protection (CBP).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include:
• Lawful Permanent Residents;
• Naturalized United States Citizens;
• United States Citizens when
petitioning for benefits under the
Immigration and Nationality Act (INA)
on behalf of another individual;
• Individuals who received or
petition for benefits under the INA;
• Individuals who are subject to the
enforcement provisions of the INA;
• Individuals who are subject to the
INA and:
Æ Are under investigation by DHS for
possible national security threats or
threats to the public safety,
Æ Were investigated by the DHS in
the past,
Æ Are suspected of violating
immigration-related criminal or civil
provisions of treaties, statutes,
regulations, Executive Orders, and
Presidential proclamations administered
by DHS, or
Æ Are witnesses and informants
having knowledge of such violations;
• Relatives and associates of those
individuals list above who are subject to
the INA;
• Individuals who have renounced
their U.S. Citizenship; or
• Preparers, Attorneys, and
Representatives who assist individuals
during benefit and enforcement
proceedings under the INA.
Note: Individuals may fall within one
or more of these categories.

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CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
include:
A. The hardcopy paper A-File, which
contains the official record material
about each individual for whom DHS
has created a record under the
Immigration and Nationality Act such
as: Naturalization certificates; various
documents and attachments (e.g., birth
and marriage certificates); applications
and petitions for benefits under the
immigration and nationality laws;
reports of arrests and investigations;
statements; other reports; records of
proceedings before or filings made with
the U.S. immigration courts and any
administrative or federal district court
or court of appeal; correspondence; and
memoranda. Specific data elements may
include:
• Alien Registration Number(s) (ANumbers);
• Receipt file number(s);
• Full name and any aliases used;
• Physical and mailing addresses;
• Phone numbers and email
addresses;
• Social Security Number;
• Date of birth;
• Place of birth (city, state, and
country);
• Countries of citizenship;
• Gender;
• Physical characteristics (height,
weight, race, eye and hair color,
photographs, fingerprints);
• Government-issued identification
information (i.e., passport, driver’s
license):
Æ Document type,
Æ Issuing organization,
Æ Document number, and
Æ Expiration date;
• Military membership;
• Arrival/Departure information
(record number, expiration date, class of
admission, etc.);
• FBI Identification Number;
• Fingerprint Identification Number;
• Immigration enforcement history,
including arrests and charges,
immigration proceedings and appeals,
and dispositions including removals or
voluntary departures;
• Immigration status;
• Family history;
• Travel history;
• Education history;
• Employment history;
• Criminal history;
• Professional accreditation
information;
• Medical information relevant to an
individual’s application for benefits
under the Immigration and Nationality
Act before the Department or the
immigration court, an individual’s
removability from and/or admissibility

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to the United States, or an individual’s
competency before the immigration
court;
• Specific benefit eligibility
information as required by the benefit
being sought; and
• Video or transcript of immigration
interview.
B. EDMS maintains the electronic
copy of the A-File (same information as
above with the exception of material
that cannot be scanned such as cassette
tapes, CDs, or DVDs) if it was scanned
from the paper file.
C. CIS contains information on those
individuals who during their
interactions with DHS have been
assigned an A-Number. The system
contains biographic information on
those individuals allowing DHS
employees to quickly review the
individual’s immigration status. The
information in the system can then be
used to retrieve additional information
on the individual from other systems.
The information in the system can be
used to request the hard copy A-File
from the DHS File Control Office that
has custody of the file. Specific data
elements may include:
• A-Number(s);
• Full name and any aliases used;
• Social Security Number;
• Date of birth;
• Place of birth (city, state, and
country);
• Country of citizenship;
• Gender;
• Government issued identification
information (i.e., passport, driver’s
license):
Æ Document type;
Æ Issuing organization;
Æ Document number; and
Æ Expiration date;
• Arrival/Departure information
(record number, expiration date, class of
admission etc.);
• Immigration status;
• Father and Mother’s first name;
• FBI Identification Number;
• Fingerprint Identification Number;
• Immigration enforcement history,
including arrests and charges,
immigration proceedings and appeals,
and dispositions including removals or
voluntary departures; and
• File Control Office location of the
paper or electronic A-File.
D. NFTS contains the location of the
A-File to a more detailed level within
the DHS File Control Office. Specific
data elements include:
• A-Number(s);
• Receipt File Number; and
• Location of the paper or electronic
A-File and Receipt File at and within
the DHS File Control Office, as well as
the history of who has maintained the

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A-File, including the component,
section and employee.
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 of records
is to carry out the provision of benefits
under and the enforcement of the INA
and related statutes. A-Files, EDMS,
CIS, and NFTS are used primarily by
DHS employees for immigration benefits
processing, protection of national
security, and administering and
enforcing immigration and nationality
laws and related statutes.
The purpose of the A-File is to
document an individual’s benefits and
enforcement transactions as he/she
passes through the U.S. immigration
and inspection process.
The purpose of CIS is to provide a
searchable central index of A-Files and
to support the location and transfer of
A-Files among DHS personnel and
offices as needed in support of
immigration benefits and enforcement
transactions.
The purpose of NFTS is to accurately
account for the specific physical
location of A-Files and Receipt Files
within a DHS File Control Office, and to
track the request and transfer of all AFiles and Receipt Files.
These records assist the Department
with processing applications for benefits
under applicable immigration laws;
detecting violations of these laws;
supporting the referral of such
violations for prosecution or other
appropriate enforcement action;
supporting law enforcement efforts and
the inspection process; and supporting
protection of the United States borders.
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

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petitions for protection under the
Violence Against Women Act (VAWA),
Seasonal Agricultural Worker or
Legalization claims, the Temporary
Protected Status of an individual, and
information relating to S, T, or U 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.
However, these confidentiality
provisions do not prevent DHS from
disclosing information to the U.S.
Department of Justice and United States
Attorneys’ Offices as part of an ongoing
criminal or civil investigation.
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).

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ROUTINE USES, TO INCLUDE DISCLOSURES:

A. To the Department of Justice
(including United States Attorneys’
Offices) or other federal agency
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. 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,
organizations, and individuals when:

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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, or 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 individuals who 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 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, interns,
trainees, students, 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 appropriate federal, state, tribal,
territorial, local, international, or foreign
law enforcement agencies or other
appropriate authorities 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 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

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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 Executive Office for
Immigration Review.
K. To the Department of Justice
(including United States Attorneys’
Offices) or other federal agency
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 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 the Department of
State 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’
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

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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 appropriate federal, state,
local, tribal, territorial, foreign, or
international agency, if DHS determines
(1) The information is relevant and
necessary to that agency’s decision
concerning the hiring or retention of an
individual, or issuance of a security
clearance, license, contract, grant, or
other benefit, and (2) failure to disclose
the information is likely to create a risk
to government facilities, equipment, or
personnel; sensitive information; critical
infrastructure; or the public safety.
Q. 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.
R. 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.
S. 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.
T. 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.
U. To a federal, state, tribal, or local
government agency and/or to domestic
courts to assist such agencies in

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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 DHS in collecting debts
owed to the United States Government;
V. 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.
W. To a coroner for purposes of
affirmatively identifying a deceased
individual (whether or not such
individual is deceased as a result of a
crime).
X. 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.
Y. 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.
Z. To the Social Security
Administration (SSA) for the purpose of
issuing a SSN and 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 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.
AA. 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 antiterrorism efforts.
BB. 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

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released from DHS custody but only
such information that is relevant and
necessary to arrange housing or
continuing medical care for the
individual.
CC. To an appropriate domestic
government agency or other appropriate
authority for the purpose of providing
information about an individual who
has been or is about to be released from
DHS custody who, due to a condition
such as mental illness, may pose a
health or safety risk to himself/herself or
to the community. ICE will only
disclose information about the
individual that is relevant to the health
or safety risk they may pose and/or the
means to mitigate that risk (e.g., the
individual’s need to remain on certain
medication for a serious mental health
condition).
DD. 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.
EE. 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 deconfliction 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.
FF. 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.
GG. 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

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support payments or other debts owed
by the removed individual.
HH. 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.
II. 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:

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
paper, magnetic disc, tape, CD–ROM,
DVD, and other digital media.

emcdonald on DSK2BSOYB1PROD with NOTICES

RETRIEVABILITY:

Digitized A–Files maintained in
EDMS can be searched and retrieved by
any of the following fields alone or in
any combination:
• A–Number;
• Last name;
• First name;
• Middle name;
• Aliases;
• Date of birth;
• Country of birth;
• Gender; and
• Through a full text-based search of
records contained in the digitized
A–File (based on optical character
recognition of the scanned images).
The location of the paper record from
which the digitized A–Files was

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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
physical and technical controls have
been imposed to minimize the risk of
compromising the information that is
being stored. Access to the hard copy
records and computer systems
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:

STORAGE:

VerDate Mar<15>2010

produced can be searched in CIS using
the following data:
• A–Number; or
• Full name; or
• Alias; or
• Sounds-like name with or without
date of birth; or
• Certificate of Citizenship or
Naturalization Certificate number; or
• Driver’s License Number; or
• FBI Identification Number; or
• Fingerprint Identification Number;
or
• I–94 admission number; or
• Passport number; or
• Social Security Number; or
• Travel document number.
The location of the paper or digitized
record A–Files and Receipt Files can be
searched in NFTS using the following
data:
• A–Number; or
• Receipt File Number.

The A–File records are permanent
whether hard copy or electronic. A–
Files are transferred to the custody of
the National Archives 100 years after
the individual’s date of birth. Newlyeligible files are transferred to the
National Archives every five years.
When a paper A–File is digitized, the
digitized A–File maintained in EDMS
becomes the official record and
maintains the same retention schedule
as the original paper A–File. The hard
copy files are sent to the records center
once the records have been digitized.
CIS records are permanently retained
on-site because they are the index of
where the physical A–File is and
whether it has been transferred to the
National Archives.
NFTS records are temporary and
deleted when they are no longer needed
for agency business. The records exist
only as a reference to a physical or
digital file, and exist for as long as the
referenced file exists. NFTS records
associated with an A–File will be

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retained on a permanent basis even after
the A–File has been retired to NARA to
retain accurate recordkeeping. Receipt
Files with a shorter retention period
will have the associated NFTS record
destroyed or deleted once the file has
been destroyed.
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:

The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
contains classified and sensitive
unclassified information related to
intelligence, counterterrorism,
homeland security, and law
enforcement programs. These
exemptions apply only to the extent that
records in the system are subject to
exemption. However, USCIS will
consider individual requests to
determine whether or not information
may be released. Individuals must
request access to their information by
submitting a Freedom of Information
(FOIA) or Privacy Act request to USCIS
in writing clearly marked ‘‘Privacy Act
Request’’ or ‘‘FOIA Request’’ to the
following address: National Records
Center, U.S. Citizenship and
Immigration Services, FOIA/PA Office,
P.O. Box 64064–8010, Lee’s Summit,
MO 64064–8010.
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, which 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 FOIA Officer, http://www.dhs.gov/
FOIA 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;
• Identify which component(s) of the
Department you believe may have the
information about you;

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• 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,
USCIS 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.

Coast Guard
[Docket No. USCG–2011–0225]

Chemical Transportation Advisory
Committee
AGENCY:

Coast Guard, DHS.

Committee Management; Notice
of Committee Establishment.

ACTION:

The Secretary of Homeland
Security has determined that the
establishment of the Chemical
Transportation Advisory Committee
(CTAC) is necessary and in the public
interest in connection with the
performance of duties of the U. S. Coast
Guard.
Name of Committee: Chemical
Transportation Advisory Committee.

SUMMARY:

If you desire to submit
comments on this action, they must be
submitted by July 13, 2011. Comments
must be identified by (USCG–2011–
0225) and may be submitted by using
one of the following methods:
(1) Federal eRulemaking Portal:
http://www.regulations.gov. Follow the
instructions for submitting comments.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
ADDRESSES:

RECORD SOURCE CATEGORIES:

Basic information contained in DHS
records is supplied by individuals on
Department of State and DHS
applications and forms. Other
information comes from inquiries or
complaints from members of the general
public and members of Congress;
referrals of inquiries or complaints
directed to the President or Secretary of
Homeland Security; reports of
investigations, sworn statements,
correspondence, official reports,
memoranda, and written referrals from
other entities, including federal, state,
and local governments, various courts
and regulatory agencies, foreign
government agencies and international
organizations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

emcdonald on DSK2BSOYB1PROD with NOTICES

DEPARTMENT OF HOMELAND
SECURITY

The Secretary of Homeland Security
has exempted this system from the
following provisions of the Privacy Act,
subject to the limitations set forth in 5
U.S.C. 552a(c)(3) and (c)(4): (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(e)(5), (e)(8), (e)(12); (f); (g)(1); and (h)
pursuant to 5 U.S.C. 552a(j)(2).
Additionally, the Secretary of Homeland
Security has exempted this system from
the following provisions of the Privacy
Act, subject to the limitation set forth in
5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f) pursuant to 5
U.S.C. 552a(k)(1) and (k)(2).

[FR Doc. 2011–14489 Filed 6–10–11; 8:45 am]

If
you have questions on the establishment
of the CTAC, call or e-mail LT Sean
Peterson, Commandant (CG–5223),
Attention CTAC, U.S. Coast Guard, 2100
Second St., SW. STOP 7126,
Washington, DC 20593–7126; e-mail:
[email protected]; fax: (202)
372–1926. If you have questions on
viewing or submitting material to the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.

BILLING CODE 9111–97–P

SUPPLEMENTARY INFORMATION:

Dated: May 27, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.

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FOR FURTHER INFORMATION CONTACT:

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Public Participation and Request for
Comments
All comments received will be posted
without change to http://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (USCG–2011–0225), indicate the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online (via
http://www.regulations.gov) or by fax,
mail, or hand delivery, but please use
only one of these means. If you submit
a comment online via http://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
http://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Notice’’ and insert ‘‘USCG–2011–
0225’’ in the ‘‘Keyword’’ box. Click
‘‘Search’’ then click on the balloon shape
in the ‘‘Actions’’ column. If you submit
your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
http://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
0225’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140

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