From: Subject: Federal Register, Volume 78 Issue 66 (Friday, April 5, 2013) Date: Thu, 11 Jul 2013 13:56:28 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2013-04-05/html/2013-07725.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157 =EF=BB=BF Federal Register, Volume 78 Issue 66 (Friday, April = 5, 2013) 
[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.=20
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.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of=20
Homeland Security proposes to update and reissue a current Department=20
of Homeland Security system of records titled, ``Department of Homeland=20
Security/U.S. Citizenship and Immigration Services-015 Electronic=20
Immigration System-2 Account and Case Management System of Records.''=20
This system of records allows the Department of Homeland Security/U.S.=20
Citizenship and Immigration Services to: collect and maintain records=20
on an individual after that individual submits a benefit request and/or=20
creates or updates a U.S. Citizenship and Immigration Services=20
Electronic Immigration System account; gather any missing information;=20
manage workflow; assist U.S. Citizenship and Immigration Services in=20
making a benefit determination; and provide a repository of data to=20
assist with the efficient processing of future benefit requests. U.S.=20
Citizenship and Immigration Services Electronic Immigration System-2=20
Account and Case Management will also be used to process and track all=20
actions related to a particular case, including scheduling of=20
biometrics appointments and interviews, requests for evidence or=20
additional information, and issuing decision notices and/or proofs of=20
benefit. This notice updates this system of records to (1) include=20
additions to the categories of individuals and categories of records,=20
(2) clarify routine uses ``A,'' ``H,'' ``L,'' and ``M,'' (3) delete=20
routine use ``S,'' and (4) reflect a reduced retention period for=20
attorney and accredited representative accounts. Additionally, this=20
notice includes non-substantive changes to simplify the formatting and=20
text of the previously published notices. The exemptions for the=20
existing system of records notice will continue to be applicable for=20
this system of records notice. Additionally, this system will continue=20
to be included in the Department of Homeland Security's inventory of=20
record systems.

Dates and Comments: Submit comments on or before May 6, 2013. In=20
particular, DHS requests comments concerning the application of the=20
exemptions to the newly added categories of individuals and category of=20
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/.=20
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,=20
Privacy Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name=20
and docket number for this rulemaking. All comments received will be=20
posted without change to http://www.regulations.gov/, =
including any=20
personal information provided.
    Docket: For access to the docket to read background documents or=20
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=20
and Immigration Services, 20 Massachusetts Avenue NW., Washington, DC=20
20529. For privacy questions, please contact: Jonathan R. Cantor, (202)=20
343-1717, Acting Chief Privacy Officer, Privacy Office, Department of=20
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:=20

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the=20
Department of Homeland Security (DHS) U.S. Citizenship and Immigration=20
Services (USCIS) proposes to update and reissue a current DHS system of=20
records titled, ``DHS/USCIS-015 Electronic Immigration System-2 Account=20
and Case Management System of Records'' (November 15, 2011, 76 FR=20
70739).
    USCIS is the component of DHS that oversees immigration benefit=20
requests from foreign nationals seeking to enter, be admitted to, or=20
currently residing in the United States. USCIS transformed its=20
operations and created a new electronic environment known as USCIS=20
Electronic Immigration System (USCIS ELIS), which allows individuals=20
requesting USCIS benefits to create immigration accounts online and=20
submit certain benefit requests.
    Applicants and petitioners (Applicants); co-applicants,=20
beneficiaries, derivatives, dependents, or other persons on whose=20
behalf a benefit request is made or whose immigration status may be=20
derived because of a relationship to an Applicant (Co-Applicants); and/
or their attorneys and representatives recognized by USCIS and/or=20
accredited by the Board of Immigration Appeals (Representatives) may=20
create individualized online accounts. These online accounts help=20
Applicants and their Representatives file for benefits, track the=20
status of open benefit requests, schedule appointments, change their=20
addresses and contact information, and receive notices and=20
notifications regarding their cases. Through USCIS ELIS, individuals=20
also may submit evidence electronically.
    USCIS ELIS uses information provided on initial and subsequent=20
benefit requests and subsequent information collections through the=20
USCIS ELIS Account and Case Management process to create or update=20
USCIS ELIS accounts; collect any missing information; manage workflow;=20
assist USCIS adjudicators as they make benefit determinations; and=20
provide a repository of data to assist with future benefit requests. In=20
addition, USCIS ELIS processes and tracks all actions related to the=20
case, including scheduling biometrics appointments and interviews,=20
requesting evidence or additional information, and issuing decision=20
notices and/or proofs of benefit.
    This system of records is being updated and reissued to (1) include=20
additions to the categories of individuals and categories of records,=20
(2) clarify routine uses ``A,'' ``H,'' ``L,'' and ``M,'' (3) delete=20
routine use ``S,'' and (4) reflect a reduced retention period for=20
attorney and accredited representative accounts.
    Categories of individuals are being updated to include Interpreters=20
and Sponsors to better reflect the ways USCIS ELIS captures data and to=20
include data to be collected as additional benefit types are=20
incorporated into USCIS ELIS. Categories of records for Applicants and=20
Co-Applicants are being updated to include:
     U.S. County;
     Fax Numbers;
     Notices and Communications;
     Other Immigration-Related Identification Numbers=20
including:
    [cir] Immigration and Customs Enforcement (ICE) Student and=20
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=20
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=20
use ``A'' has been updated to correct a grammatical error. Routine use=20
``H'' has been updated to clarify under which circumstances USCIS would=20
release records to clerks and judges of courts exercising=20
naturalization jurisdiction. Routine use ``L'' has been updated to read=20
``requests'' instead of ``petitions or applications.'' Routine use=20
``M'' has been updated to correct a typographical error. One routine=20
use listed in the previous notice is omitted in this update. Previous=20
routine use ``S,'' which provided disclosure to certain members of=20
Congress, was deleted because it was duplicative to existing=20
authorization to disclose records under 5 U.S.C. 552a(b)(9). Finally,=20
this updated notice includes a note explaining that confidentiality=20
laws and policies may limit the sharing of some information that may=20
otherwise be shared under a valid routine use.
    This updated notice also presents a different retention period for=20
information about attorneys and accredited representatives. USCIS will=20
propose to the National Archive and Records Administration that USCIS=20
ELIS accounts for attorneys and accredited representatives be retained=20
for 7 years, 6 months.
    Information in this system comes from the USCIS Electronic=20
Immigration System-1 (USCIS ELIS Temporary Accounts and Draft Benefit=20
Requests), which stores draft account and case information from=20
Applicants and their Representatives. Once that draft information is=20
signed and formally submitted with payment to USCIS, it becomes part of=20
this USCIS Electronic Immigration System-2 (USCIS ELIS Account and Case=20
Management). Results from USCIS Electronic Immigration System-3=20
Automated Background Functions (USCIS ELIS Automated Background=20
Functions) will also be stored in the individual's USCIS ELIS account=20
and/or case. This includes information from other USCIS, DHS, and=20
federal government systems to confirm identity, determine eligibility,

[[Page 20675]]

and perform background checks. This USCIS ELIS Account and Case=20
Management system may store information from other DHS systems=20
including: DHS/USCIS/ICE/CBP (U.S. Customs and Border Patrol)-001 Alien=20
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=20
Information and Pre-Screening; DHS/USCIS-014 Electronic Immigration=20
System-1 Temporary Accounts and Draft Benefit Requests System of=20
Records (USCIS ELIS-1); DHS/USCIS-016 Electronic Immigration System-3=20
Automated Background Functions System of Records (USCIS ELIS-3); DHS/
CBP-011--U.S. Customs and Border Protection TECS; DHS/ICE-001 Student=20
and Exchange Visitor Information System (SEVIS); DHS/ICE-011=20
Immigration Enforcement Operational Records System (ENFORCE); DHS/
USVISIT (United States Visitor and Immigrant Status Indicator=20
Technology)-001 Arrival and Departure Information System (ADIS); and=20
DHS/USVISIT-004 DHS Automated Biometric Identification System (IDENT).
    Furthermore, USCIS ELIS Account and Case Management may store=20
information from systems outside of DHS, including: Overseas Citizens=20
Services Records, STATE-05; Passport Records, STATE-26; Visa Records,=20
STATE-39; JUSTICE/EOIR (Department of Justice, Executive Office for=20
Immigration Review)-001 Records and Management Information System;=20
JUSTICE/FBI (Department of Justice, Federal Bureau of Investigations)-
002 FBI Central Records System; JUSTICE/FBI-009 Fingerprint=20
Identification Records System (FIRS); and TREASURY/FMS (Department of=20
Treasury, Financial Management Service)-017 Collections Records.
    USCIS ensures that all USCIS ELIS employees receive training and=20
agree to USCIS-wide system rules of behavior before being granted=20
access. USCIS provides security awareness training to all information=20
system users (including managers, senior executives, and contractors)=20
as part of initial training for new users, when required by system=20
changes, and annually thereafter. DHS personnel and contractors with=20
significant security responsibilities (e.g., adjudicators and system=20
administrators) initially receive specialized training on USCIS ELIS=20
functionality that is specific to their security responsibilities prior=20
to being granted access to DHS systems. Thereafter, DHS personnel and=20
contractors must complete annual refresher training.
    USCIS collects, uses, and maintains account and case management=20
information pursuant to Sections 103 and 290 of the INA (8 U.S.C. 1103=20
and 1360), and the regulations issued pursuant thereto; and Section 451=20
of the Homeland Security Act of 2002 (Pub. L. 107-296).
    Consistent with DHS's information sharing mission, information=20
stored in the DHS/USCIS-015 Electronic Immigration Services-2 Account=20
and Case Management, may be shared with other DHS components that have=20
a need to know the information to carry out their national security,=20
law enforcement, immigration, intelligence, or other homeland security=20
functions. In addition, information may be shared with appropriate=20
federal, state, local, tribal, territorial, foreign, or international=20
government agencies consistent with the routine uses set forth in this=20
system of records notice.
    Additionally, DHS has issued a Final Rule, 76 FR 70638, to exempt=20
this system of records from certain provisions of the Privacy Act=20
pursuant to 5 U.S.C. 552a(k)(2). The exemptions for the existing system=20
of records notice will continue to be applicable for this system of=20
records notice. DHS is requesting comments concerning the application=20
of the exemptions to the newly added categories of individuals and=20
category of records.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a=20
statutory framework governing the means by which federal government=20
agencies collect, maintain, use, and disseminate individuals' records.=20
The Privacy Act applies to information that is maintained in a ``system=20
of records.'' A ``system of records'' is a group of any records under=20
the control of an agency from which information is retrieved by the=20
name of an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass U.S. citizens and lawful=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals when systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors.
    Below is the description of the DHS/USCIS-015 Electronic=20
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=20
this system of records to the Office of Management and Budget (OMB) and=20
to Congress.

System of Records
DHS/USCIS-015
System name:
    DHS/USCIS-015 Electronic Immigration System-2 Account and Case=20
Management System of Records

Security classification:
    Unclassified, sensitive, for official use only, and/or law=20
enforcement sensitive.

System location:
    Records are maintained in USCIS ELIS and associated electronic and=20
paper files located at USCIS Headquarters in Washington, DC and in=20
USCIS service centers and field offices.

Categories of individuals covered by the system:
    USCIS ELIS Account and Case Management stores and/or uses=20
information about individuals who request and/or receive immigration=20
benefits under the INA. These individuals include: applicants and=20
petitioners (Applicants); co-applicants, beneficiaries, derivatives,=20
dependents, or other persons on whose behalf a benefit request is made=20
or whose immigration status may be derived because of a relationship to=20
an Applicant (Co-Applicants); members of organizations petitioning for=20
benefits under the INA on behalf of, or contributing to, the financial=20
support of an Applicant or Co-Applicant (Sponsors); attorneys and=20
representatives recognized by USCIS and/or accredited by the Board of=20
Immigration Appeals (Representatives); Interpreters; and individuals=20
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=20
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.,=20
DOS-Issued Personal Identification Number, ICE Student and Exchange=20
Visitor Number, USCIS E-Verify Company Identification Number);
     Arrival/Departure Information;
     Immigration History (e.g., citizenship/naturalization=20
certificate number, removals, explanations);
     Family Relationships (e.g., parent, spouse, sibling,=20
child, other dependents) and Relationship Practices (e.g., polygamy,=20
custody, guardianship);
     USCIS Receipt/Case Number;
     Personal Background Information (e.g., involvement with=20
national security threats, criminal offenses, Communist party, torture,=20
genocide, killing, injuring, forced sexual contact, limiting or denying=20
others religious beliefs, service in military or other armed groups,=20
work in penal or detention systems, weapons distribution, combat=20
training);
     Health Information (e.g., vaccinations, referrals,=20
communicable diseases, physical or mental disorders, prostitution, drug=20
or alcohol abuse);
     Travel History;
     Education History;
     Work History;
     Professional Accreditation Information;
     Financial Information (e.g., income, expenses,=20
scholarships, savings, assets, property, financial support, supporter=20
information, life insurance, debts, encumbrances, tax records);
     SSN, if applicable;
     Supporting documentation as necessary (e.g., birth,=20
marriage, and/or divorce certificates, appeals or motions to reopen or=20
reconsider decisions, explanatory statements, and unsolicited=20
information submitted voluntarily by the Applicants or Co-Applicants in=20
support of a benefit request);
     Physical Description (e.g., height, weight, eye color,=20
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=20
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,=20
scholarships, savings, assets, property, financial support, supporter=20
information, life insurance, debts, encumbrances, tax records);
     Position and Relationship to an Organization (e.g.,=20
manager of a company seeking formal recognition by USCIS);
     Family Relationships (e.g., parent, spouse, sibling,=20
child, other dependents) and Relationship Practices (e.g., polygamy,=20
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=20
was paid for assisting the Applicant or Sponsor in completing or=20
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=20
the INA, as amended (8 U.S.C. 1103 and 1360), and the regulations=20
issued pursuant thereto; and Section 451 of the Homeland Security Act=20
of 2002 (Pub. L. 107-296).

Purpose(s):
    The purpose of this system is to manage USCIS ELIS on-line=20
applicant,

[[Page 20677]]

representative, and organizational accounts; gather information related=20
to a benefit request; manage workflow; generate reports; assist USCIS=20
adjudicators in making a benefit determination; and provide a=20
repository of data to assist with future benefit requests. In addition,=20
the USCIS ELIS Account and Case Management process will be used to=20
process and track all actions related to the case, including scheduling=20
of biometrics appointments and interviews, requesting evidence or=20
additional information, and issuing decision notices and/or proofs of=20
benefit.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:

    Note:  Even when a valid routine use permits disclosure of=20
information from this system of records to a third party, in some=20
cases such disclosure may not be permissible because of=20
confidentiality laws and policies that limit the sharing of=20
information about the application for or award of certain=20
immigration benefits. For example, information in this system of=20
records contained in or pertaining to applications for asylum or=20
refugee protection, information relating to persons who have pending=20
or approved petitions for protection under the Violence Against=20
Women Act, Seasonal Agricultural Worker or Legalization claims, the=20
Temporary Protected Status of an individual, and information=20
relating to S, T, or U nonimmigrant visas should not be disclosed=20
pursuant to a routine use unless disclosure is otherwise permissible=20
under the confidentiality statutes, regulations, or policies=20
applicable to that information. These confidentiality provisions do=20
not prevent DHS from disclosing information to the U.S. Department=20
of Justice (DOJ) and U.S. Attorneys' Offices as part of an ongoing=20
criminal or civil investigation.

    In addition to those disclosures generally permitted under 5 U.S.C.=20
Sec.  552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
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=20
agencies conducting litigation or in proceedings before any court,=20
adjudicative or administrative body, when it is relevant or necessary=20
to the litigation and one of the following is a party to the litigation=20
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=20
capacity;
    3. Any employee or former employee of DHS in his/her individual=20
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=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or=20
General Services Administration pursuant to records management=20
inspections being conducted under the authority of 44 U.S.C. 2904 and=20
2906.
    D. To an agency or organization for the purpose of performing audit=20
or oversight operations as authorized by law, but only such information=20
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=20
confidentiality of information in the system of records has been=20
compromised;
    2. DHS has determined that as a result of the suspected or=20
confirmed compromise, there is a risk of identity theft or fraud, harm=20
to economic or property interests, harm to an individual, or harm to=20
the security or integrity of this system or other systems or programs=20
(whether maintained by DHS or another agency or entity) that rely upon=20
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
    G. To an appropriate federal, state, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.
    H. To clerks and judges of courts exercising naturalization=20
jurisdiction to review naturalization decisions, entertain requests for=20
hearings, or consider the revocation of naturalization, and to enable=20
those courts to determine whether a naturalization case should be=20
remanded to DHS, whether an individual is eligible for naturalization,=20
or if an individual previously granted naturalization should have=20
naturalization revoked.
    I. To courts, magistrates, administrative tribunals, opposing=20
counsel, parties, and witnesses, in the course of immigration, civil,=20
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=20
agency has agreed to represent the employee; or
    4. The United States, when DHS determines that litigation is likely=20
to affect DHS or any of its components; is a party to litigation or has=20
an interest in such litigation, and DHS determines that use of such=20
records is relevant and necessary to the litigation, and that in each=20
case, DHS determines that disclosure of the information to the=20
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))=20
who is acting on behalf of an individual covered by this system of=20
records in connection with any proceeding before USCIS, ICE, CBP, or=20
DOJ EOIR.
    K. To DOJ (including United States Attorneys' Offices) or other=20
federal agencies conducting litigation or in proceedings before any=20
court, adjudicative, or administrative body, when necessary to assist=20
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,=20
and all other immigration and nationality laws including treaties and=20
reciprocal agreements; or when DOS requires information to consider=20
and/or provide an informed response to a request for information from a=20
foreign, international, or intergovernmental agency, authority, or=20
organization about an alien or an enforcement operation with=20
transnational implications.
    M. To an appropriate federal, state, local, tribal, territorial, or=20
foreign government agency or organization, as well as to other=20
individuals and organizations during the course of an

[[Page 20678]]

investigation by DHS or the processing of a matter under DHS's=20
jurisdiction, or during a proceeding within the purview of the=20
immigration and nationality laws, when DHS deems that such disclosure=20
is necessary to carry out its functions and statutory mandates or to=20
elicit information required by DHS to carry out its functions and=20
statutory mandates.
    N. To an appropriate federal, state, local, tribal, territorial, or=20
foreign government agency or organization, or international=20
organization, lawfully engaged in collecting law enforcement=20
intelligence, whether civil or criminal, or charged with investigating,=20
prosecuting, enforcing or implementing civil or criminal laws, related=20
rules, regulations or orders, to enable these entities to carry out=20
their law enforcement responsibilities, including the collection of law=20
enforcement intelligence, and the disclosure is appropriate to the=20
proper performance of the official duties of the person receiving the=20
information.
    O. To an appropriate federal, state, local, tribal, territorial, or=20
foreign government agency or organization, or international=20
organization, if the information is relevant and necessary to a=20
requesting agency's decision concerning the hiring or retention of an=20
individual, or issuance of a security clearance, license, contract,=20
grant, or other benefit, or if the information is relevant and=20
necessary to a DHS decision concerning the hiring or retention of an=20
employee, the issuance of a security clearance, the reporting of an=20
investigation of an employee, the letting of a contract, or the=20
issuance of a license, grant, or other benefit.
    P. To an individual's current employer to the extent necessary to=20
determine employment eligibility or to a prospective employer or=20
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=20
regulations, for purposes of: responding to an official inquiry by a=20
federal, state, or local government entity or professional licensing=20
authority; or facilitating communications with a former employee that=20
may be necessary for personnel-related or other official purposes when=20
the Department requires information or consultation assistance from the=20
former employee regarding a matter within that person's former area of=20
responsibility.
    R. To OMB in connection with the review of private relief=20
legislation as set forth in OMB Circular No. A-19 at any stage of the=20
legislative coordination and clearance process as set forth in the=20
Circular.
    S. To a federal, state, tribal, or local government agency and/or=20
to domestic courts to assist such agencies in collecting the repayment=20
of loans, or fraudulently or erroneously secured benefits, grants, or=20
other debts owed to them or to the U.S. Government, or to obtain=20
information that may assist DHS in collecting debts owed to the U.S.=20
Government.
    T. To an individual or entity seeking to post or arrange, or who=20
has already posted or arranged, an immigration bond for an alien to aid=20
the individual or entity in (1) identifying the location of the alien,=20
or (2) posting the bond, obtaining payments related to the bond, or=20
conducting other administrative or financial management activities=20
related to the bond.
    U. To a coroner for purposes of affirmatively identifying a=20
deceased individual (whether or not such individual is deceased as a=20
result of a crime).
    V. Consistent with the requirements of the INA, to the Department=20
of Health and Human Services (HHS), the Centers for Disease Control and=20
Prevention, or to any state or local health authorities, to:
    1. Provide proper medical oversight of DHS-designated civil=20
surgeons who perform medical examinations of both arriving aliens and=20
of those requesting status as lawful permanent residents; and
    2. Ensure that all health issues potentially affecting public=20
health and safety in the United States are being or have been=20
adequately addressed.
    W. To a federal, state, local, tribal, or territorial government=20
agency seeking to verify or ascertain the citizenship or immigration=20
status of any individual within the jurisdiction of the agency for any=20
purpose authorized by law.
    X. To the Social Security Administration (SSA) for the purpose of=20
issuing a SSN and Social Security card to an alien who has made a=20
request for a SSN as part of the immigration process and in accordance=20
with any related agreements in effect between the SSA, DHS, and DOS=20
entered into pursuant to 20 CFR Sec. Sec.  422.103(b)(3); 422.103(c);=20
and 422.106(a), or other relevant laws and regulations.
    Y. To federal and foreign government intelligence or=20
counterterrorism agencies or components where DHS becomes aware of an=20
indication of a threat or potential threat to national or international=20
security, or where such use is to conduct national intelligence and=20
security investigations or assist in anti-terrorism efforts.
    Z. To third parties to facilitate placement or release of an=20
individual (e.g., at a group home, homeless shelter) who has been or is=20
about to be released from DHS custody but only such information that is=20
relevant and necessary to arrange housing or continuing medical care=20
for the individual.
    AA. To foreign governments for the purpose of coordinating and=20
conducting the removal of individuals to other nations under the INA;=20
and to international, foreign, and intergovernmental agencies,=20
authorities, and organizations in accordance with law and formal or=20
informal international arrangements.
    BB. To a federal, state, local, territorial, tribal, international,=20
or foreign criminal, civil, or regulatory law enforcement authority=20
when the information is necessary for collaboration, coordination, and=20
de-confliction of investigative matters, prosecutions, and/or other law=20
enforcement actions to avoid duplicative or disruptive efforts and to=20
ensure the safety of law enforcement officers who may be working on=20
related law enforcement matters.
    CC. To the DOJ Federal Bureau of Prisons and other federal, state,=20
local, territorial, tribal, and foreign law enforcement or custodial=20
agencies for the purpose of placing an immigration detainer on an=20
individual in that agency's custody, or to facilitate the transfer of=20
custody of an individual from DHS to the other agency. This will=20
include the transfer of information about unaccompanied minor children=20
to HHS to facilitate the custodial transfer of such children from DHS=20
to HHS.
    DD. To federal, state, local, tribal, territorial, or foreign=20
governmental or quasi-governmental agencies or courts to confirm the=20
location, custodial status, removal, or voluntary departure of an alien=20
from the United States, in order to facilitate the recipients' exercise=20
of responsibilities pertaining to the custody, care, or legal rights=20
(including issuance of a U.S. passport) of the removed individual's=20
minor children, or the adjudication or collection of child support=20
payments or other debts owed by the removed individual.
    EE. To federal, state, tribal, territorial, local, international,=20
or foreign government agency or entity for the purpose of consulting=20
with that agency or entity:
    1. To assist in making a determination regarding redress for an=20
individual in connection with the operations of a DHS component or=20
program;
    2. For the purpose of verifying the identity of an individual=20
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=20
submitted by an individual who has requested such redress on behalf of=20
another individual.
    FF. To the Department of Treasury to process and resolve payment=20
issues.
    GG. To the news media and the public, with the approval of the=20
Chief Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
may be stored on magnetic disc, tape, and/or digital media.

Retrievability:
    Records may be retrieved by any of the data elements listed above=20
or a combination thereof.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions.

Retention and disposal:
    USCIS is currently working with NARA to establish and publish the=20
proposed USCIS ELIS records retention schedules. USCIS currently plans=20
to retain all account information and supporting evidence for 100 years=20
after the account holder's date of birth, or 15 years from last action,=20
whichever is later. Permanent accounts (e.g., for applicants who=20
currently have A-files) and related case snapshots and supporting=20
evidence are permanent and will be transferred to the custody of NARA=20
100 years after the individual's date of birth. Non-immigrant case=20
information and supporting evidence will be stored for 15 years from=20
last action. Representative accounts will be stored for 7 years, 6=20
months from last action. U.S. citizen accounts and cases will be=20
archived internally after five years. All accounts and cases will be=20
put in an inactive status 15 years after last action.
    Records that are linked to national security, law enforcement, or=20
fraud investigations or cases, will remain accessible for the life of=20
the related activity, to the extent retention for such purposes exceeds=20
the normal retention period for such data in USCIS ELIS. USCIS is=20
reviewing its needs for the information as it transitions to a fully=20
electronic environment and may amend its retention plans and schedules=20
as needed.
    USCIS proposes that, in compliance with NARA General Records=20
Schedule 24, section 6, ``User Identification, Profiles,=20
Authorizations, and Password Files,'' internal USCIS personnel accounts=20
will be destroyed or deleted six years after the account is terminated,=20
or when no longer needed for investigative or security purposes,=20
whichever is later.

System Manager and address:
    The DHS system manager is the Chief, Office of Transformation=20
Coordination, U.S. Citizenship and Immigration Services, Department of=20
Homeland Security, 633 3rd Street NW., Washington, DC 20529.

Notification procedure:
    Applicants may access and amend this information by logging into=20
their USCIS ELIS account. Individuals seeking notification of and=20
access to any record contained in this system of records, or seeking to=20
contest its content, may submit a request in writing to the National=20
Records Center (NRC) FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO=20
64064-8010. NRC's contact information can be found at http://www.dhs.gov/foia under =
``Contacts.'' If an individual believes that=20
more than one component maintains Privacy Act records concerning him or=20
her, the individual may submit the request to the Chief Privacy Officer=20
and Chief Freedom of Information Act Officer, Department of Homeland=20
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC=20
20528.
    When seeking records about yourself from this system of records or=20
any other Departmental system of records, your request must conform=20
with the Privacy Act regulations set forth in 6 CFR Part 5. You must=20
first verify your identity, meaning you must provide your full name,=20
current address, and date and place of birth. You must sign your=20
request, and your signature must be either notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Chief Privacy=20
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=20
information on you;
     Identify which component(s) of the Department you believe=20
may have the information about you;
     Specify when you believe the records would have been=20
created; and
     Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records.
    If your request is seeking records pertaining to another living=20
individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without the above information, the component(s) may not be able to=20
conduct an effective search, and the request may be denied due to lack=20
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=20
a Co-Applicant, Sponsor, his or her Representative, Preparer, or=20
Interpreter. USCIS personnel may input information as they process a=20
case, including information from commercial sources to verify whether=20
an Applicant or Co-Applicant is eligible for the benefit requested.=20
USCIS ELIS Account and Case Management will also store and use=20
information from the following USCIS, DHS, and other federal agency=20
systems of records:
     DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File=20
Tracking

[[Page 20680]]

System of Records, 76 FR 34233 (June 13, 2011);
     DHS/USCIS-007 Benefits Information System, 73 FR 56596=20
(September 29, 2008);
     DHS/USCIS-010 Asylum Information and Pre-Screening, 75 FR=20
409 (January 5, 2010);
     DHS/USCIS-006 Fraud Detection and National Security=20
Records (FDNS) 77 FR 47411 (August 8, 2012);
     DHS/USCIS-014 Electronic Immigration System-1 Temporary=20
Accounts and Draft Benefit Requests System of Records, 76 FR 70730=20
(November 15, 2011);
     DHS/USCIS-016 Electronic Immigration System-3 Automated=20
Background Functions System of Records, 76 FR 70735 (November 15,=20
2011);
     DHS/CBP-011 U.S. Customs and Border Protection TECS, 73 FR=20
77778 (December 19, 2008);
     DHS/ICE-001 Student and Exchange Visitor Information=20
System, 75 FR 412 (January 5, 2010);
     DHS/ICE-011 Immigration and Enforcement Operational=20
Records System (ENFORCE), 75 FR 23274 (May 3, 2010);
     DHS/USVISIT-001 Arrival and Departure Information System=20
(ADIS), 72 FR 47057 (August 22, 2007);
     DHS/USVISIT-004 DHS Automated Biometric Identification=20
System (IDENT), 72 FR 31080 (June 5, 2007);
     Overseas Citizens Services Records, STATE-05, 73 FR 24343=20
(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=20
System, 72 FR 3410 (January 25, 2007);
     JUSTICE/FBI-002 The FBI Central Records System, 72 FR 3410=20
(January 25, 2007);
     JUSTICE/FBI-009 Fingerprint Identification Records System=20
(FIRS), 72 FR 3410 (January 25, 2007); and
     TREASURY/FMS-017 Collections Records, 74 FR 23006 (May 15,=20
2009).

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted this system from=20
the following provisions of the Privacy Act pursuant to 5 U.S.C.=20
552a(k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),=20
(e)(4)(I); and (f). Additionally, many of the functions in this system=20
require retrieving records from law enforcement systems. When a record=20
received from another system has been exempted in that source system=20
under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those=20
records that are claimed for the original primary systems of records=20
from which they originated and claims any additional exemptions set=20
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