System of Records Notice

[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Notices]
[Pages 72069-72075]
From the Federal Register Online via the Government Publishing Office
[www.gpo.gov]
[FR Doc No: 2016-25192]

=======================================================================
----------------------------------------------------------------------DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2016-0043]

Privacy Act of 1974; Department of Homeland Security/United
States Citizenship and Immigration Services-007 Benefit Information
System, 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
Homeland Security (DHS) proposes to update and reissue a current DHS
system of records titled, ``DHS/United States Citizenship and
Immigration Services (USCIS)-007 Benefit Information System'' system of
records. DHS/USCIS collects, uses, and maintains the Benefit
Information System records to administer immigrant or nonimmigrant
benefit requests, ``hereinafter collectively referred to as ``benefit
requests'' '' to process and adjudicate all benefit requests submitted
for naturalization, lawful permanent residence, asylum, refugee status,
and other immigrant and nonimmigrant benefits in accordance with U.S.
immigration law. DHS/USCIS also uses the Benefit Information System to
support national security by preventing individuals from fraudulently
obtaining immigration benefits and by denying benefit requests
submitted by individuals who pose national security or public safety
threats. This system of records notice was previously published in the
Federal Register on September 29, 2008, (73 FR 56596).
DHS/USCIS is updating this system of records to: (1) Update the
system location to include international offices and replicated copies
on unclassified and classified networks; (2) update the category of
individuals to include interpreters, preparers, physicians, and
sponsors; (3) expand the categories of records to clarify the data
elements that USCIS collects from benefit requestors, beneficiaries,
and family members', benefit sponsors; representatives; preparers and
interpreters; and physicians; (4) separate routine use (N) into two
separate routine uses (i.e., (N), (O)) to provide clarity on
information sharing with federal, state, tribal, or local government
agencies and foreign government agencies for the repayment of loans;
(5) update routine uses (W), (X), (Y), and (Z) to permit the sharing of
information pursuant to a Computer Matching Agreement or other

agreement, with the Department of Labor, with the public during the
course of naturalization ceremonies, and with the Department of
Treasury, respectively; (6) update retention schedules for each record
type; (7) expand data elements used to retrieve records from the
elements listed or a combination thereof; (8) update sources of records
to include interpreters, preparers, and physicians; and (9) expand the
system classification to provide notice that Benefit Information System
records may be stored on both DHS unclassified and classified networks
to allow for analysis and vetting consistent with existing DHS/USCIS
authorities and purposes and this published notice. Additionally, this
notice includes non-substantive changes to simplify the formatting and
text of the previously published notice.
This updated system will be included in the Department of Homeland
Security's inventory of record systems.
DATES: Submit comments on or before November 17, 2016. This updated
system will be effective November 17, 2016.
ADDRESSES: You may submit comments, identified by docket number DHS2016-0043 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.
INSTRUCTIONS: All submissions received must include the agency name and
docket number for this rulemaking. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
DOCKET: For access to the docket to read background documents or
comments received, please visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Donald K. Hawkins, (202) 272-8000, Privacy Officer, U.S. Citizenship
and Immigration Services, 20 Massachusetts Avenue NW., Washington, DC
20529. For privacy questions, please contact: Jonathan R. Cantor, (202)
343-1717, Acting Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) United States Citizenship and
Immigration Services (USCIS) proposes to update and reissue a current
DHS system of records titled,
[[Page 72070]]
``DHS/USCIS-007 Benefit Information System'' system of records.
DHS/USCIS oversees lawful immigration and non-immigration to the
United States and is responsible for the administration of immigration,
non-immigration, and naturalization adjudication functions and for
establishing immigration policies and priorities. In executing its

mission, DHS/USCIS performs functions that include the intake, review,
and adjudication of the following types of benefits:
(1) Family-Based; \1\
--------------------------------------------------------------------------\1\ An individual may petition for relatives (or future
relatives such as a fianc[eacute](e) or a prospective adopted child)
to immigrate to the United States.
--------------------------------------------------------------------------(2) Employment-Based; \2\
--------------------------------------------------------------------------\2\ All foreign workers must obtain permission to work legally
in the United States. Each employment category for admission has
different requirements, conditions, and authorized periods of stay.
USCIS offers the following employment-based categories: Temporary
(nonimmigrant) worker, permanent workers, students and exchange
visitors, and temporary visitors for business.
--------------------------------------------------------------------------(3) Humanitarian-Based; \3\
--------------------------------------------------------------------------\3\ USCIS provides a number of humanitarian programs and
protection to assist individuals in need of shelter or aid from
disasters, from oppression, for emergency medical issues, and for
other urgent circumstances, including: Asylum; refugee; parole;
deferred action; temporary protective status; battered spouse,
children, and parents; and victims of human trafficking and other
crimes.
--------------------------------------------------------------------------(4) Adoption-Based; \4\ and
--------------------------------------------------------------------------\4\ USCIS is responsible for determining the eligibility and
suitability of the Prospective Adoptive Parents (individuals)
looking to adopt and determining the eligibility of the child to
immigrate to the United States.
--------------------------------------------------------------------------(5) Citizenship and Naturalization-Based.\5\
--------------------------------------------------------------------------\5\ Naturalization is the manner in which a person not born in
the United States voluntarily becomes a U.S. citizen.
--------------------------------------------------------------------------The Benefits Information System SORN covers the processing of
immigrant and nonimmigrant benefit requests and does not cover requests
for asylum and refugee status. The Benefits Information System
includes: Information provided by or on behalf of individuals who
submit immigrant and nonimmigrant benefit requests; background check
results collected as part of the USCIS-initiated background check
process; and transactional data that indicates which steps of the
adjudication process have been completed, such as an appointment to

submit biometrics for a background check, other pending benefits,
whether the benefit requestor may have engaged in fraudulent activity,
or activities that adversely impact the national security or public
safety of the United States that could bear on fitness or eligibility
for the requested benefits.
Records covered by this Benefit Information System (BIS) SORN
differ from records covered by the Alien File (A-File), Index, and
National File Tracking SORN (see DHS/USCIS/ICE/CBP-001 Alien File,
Index, and National File Tracking System of Records, November 21, 2013,
78 FR 69864). The A-File is the official record regarding the
transactions of an individual as he or she passes through the U.S.
immigration and inspection process. The A-File contains information
relating to immigration benefits processing, protection of national
security, and administering and enforcing immigration and nationality
laws and related statutes. While USCIS is the custodian of the A-File,
the three former Immigration and Naturalization Service (INS) agencies:
USCIS, U.S. Customs and Border Protection (CBP), and U.S. Immigrations
and Customs Enforcement (ICE), all contribute information to and use AFiles. The A-File SORN covers the paper and electronic copy A-File and/
or Receipt File, supplemental forms, supplemental evidence, and
identity history summaries (formally known as RAP sheets), but does not
include all case processing and decisional data. The BIS SORN is
specific to USCIS' collection, use, maintenance, dissemination, and
storage of benefit request information, including case processing and
decisional data not included in the A-file. USCIS records case
processing information such as date USCIS received or filed benefit
requests; benefit request status; location of record; other control
number when applicable; fee receipt data; status of USCIS appointments
and interviews; date of issuance of a notice; and whether the benefit
request form was referred to the Fraud Detection and National Security
Directorate for review. Decisional data such as approval/denial code is
also stored in the BIS SORN.
USCIS is updating this system of records to (1) update system
location to include international offices; (2) update category of
individuals covered by this SORN, to include interpreters, preparers,
and physicians, and sponsors; (3) expand the categories of records to
clarify the data elements that USCIS collects from benefit requestors,
beneficiaries, and family members; benefit sponsors; representatives;
preparers and interpreters; and physicians; (4) separate routine use
(N) has been separated into two separate routine uses (i.e., (N), (O))
to provide clarity on information sharing of information with federal,
state, tribal, or local government agencies and foreign government
agencies for the, respectively, in collecting the repayment of loans;
later routine uses are being re-lettered for formatting; (5) update
routine uses (W), (X), (Y), and (Z) to permit the sharing of
information pursuant to a Computer Matching Agreement or other
agreement, with the Department of Labor, with the public during the
course of naturalization ceremonies, and with the Department of
Treasury, respectively; (6) update retention schedules for each record
type; (7) expand data elements used to retrieve records from the
elements listed or a combination thereof; (8) update sources of records
to include interpreters, preparers, and physicians; (9) expand the
system classification to provide notice that Benefit Information System
records may be stored on both DHS unclassified and classified networks
to allow for analysis and vetting consistent with existing DHS/USCIS
authorities and purposes and this published notice. Furthermore, this
notice includes non-substantive changes to simplify the formatting and

text of the previously published notice.
Consistent with DHS's information sharing mission, information
stored in the DHS/USCIS-007 Benefit Information System may be shared
with other DHS components that have a need to know the information to
carry out their national security, law enforcement, immigration,
intelligence, or other homeland security functions. In addition, DHS/
USCIS may share information with appropriate federal, state, local,
tribal, territorial, foreign, or international government agencies
consistent with the routine uses set forth in this system of records
notice. 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 regarding individuals
applying for certain immigration or non-immigration benefits.
This updated system will be included in DHS's inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the
[[Page 72071]]
individual. In the Privacy Act, an individual is defined to encompass
U.S. citizens and lawful permanent residents. As a matter of policy,
DHS extends administrative Privacy Act protections to all individuals
when systems of records maintain information on U.S. citizens, lawful
permanent residents, and visitors.
Below is the description of the DHS/USCIS-007 Benefit Information
System System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
DEPARTMENT OF HOMELAND SECURITY (DHS)/UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES (USCIS)-007
System name:
DHS/USCIS-007 Benefit Information System.
Security classification:
Unclassified, Sensitive, For Official Use Only. The data may be
retained on classified networks, but this does not change the nature
and character of the data until it is combined with classified
information.
System location:
Records are maintained in DHS/USCIS information technology (IT)
systems (e.g., Computer Linked Application Information Management

System (CLAIMS) 3, CLAIMS 4, Adoptions Case Management System, Case and
Activity Management for International Operations) and associated
electronic and paper files located at USCIS Headquarters in Washington,
DC and in DHS/USCIS service centers and domestic and international
field offices. Records are replicated from the operational DHS/USCIS IT
systems and maintained on DHS unclassified and classified networks.
Categories of individuals covered by the system:
Categories of individuals covered by this system include (1)
persons who have filed, for themselves or on the behalf of others
(benefit requestors and beneficiaries), benefit requests for
immigration benefits under the Immigration and Nationality Act as
amended, and/or who have submitted fee payments or received refunds
from such benefit requests; (2) current, former, and potential
derivatives of benefit requestors (family members); (3) sponsors (e.g.,
employers, law enforcement officers, individuals); (4) attorneys and
representatives recognized by USCIS and/or accredited by the Board of
Immigration Appeals (Representatives); (5) interpreters; (6)
individuals who assist in the preparation of the benefit request
(Preparers); (7) individuals who make fee payments on behalf of the
benefit requestor; and (8) physicians who conduct immigration related
medical examinations.
Categories of records in the system:
Information about benefit requestor, beneficiaries, and family
members may include:
Full Name;
Alias(es);
Physical and Mailing Addresses;
A-Number;
USCIS Online Account Number;
Social Security number (SSN);
Date of birth and/or Death;
Nationality;
Country of Citizenship;
Place of birth;
Gender;
Marital status;
Military status;
Phone and fax numbers;
Email address;
Immigration status;
Government-issued identification (e.g., passport, drivers'
license):
[cir] Document type;
[cir] Issuing organization;
[cir] Document number;
[cir] Expiration date;
[cir] Benefit requested;
Notices and communications, including:
[cir] Receipt notices;
[cir] Requests for Evidence;
[cir] Notices of Intent to Deny;
[cir] Proofs of benefit;
Signature;
Benefit request fee payment information (e.g., credit card
number, Pay.gov Payment Tracking Number); and

Audio-visual recordings, including interviews and
naturalization ceremonies.
Benefit-specific eligibility information about benefit requestor,
beneficiaries, and family members may include:
Other unique identifying numbers (e.g., Department of
State (DOS)-Issued Personal Identification Number, ICE Student and
Exchange Visitor Number, USCIS E-Verify Company Identification Number);
Arrival/Departure Information;
Immigration history (e.g., citizenship/naturalization
certificate number, removals, explanations);
Family relationships (e.g., parent, spouse, sibling,
child, other dependents) and Relationship Practices (e.g., polygamy,
custody, guardianship);
USCIS Receipt/Case Number;
Personal background information (e.g., involvement with
national security threats, criminal offenses, Communist party, torture,
genocide, killing, injuring, forced sexual contact, limiting or denying
others religious beliefs, service in military or other armed groups,
work in penal or detention systems, weapons distribution, combat
training);
Records regarding organization membership or affiliation;
Health information (e.g., vaccinations, referrals,
communicable diseases, physical or mental disorders, prostitution, drug
or alcohol abuse);
Travel history;
Education history;
Work history;
Professional accreditation information;
Financial information (e.g., income, expenses,
scholarships, savings, assets, property, financial support, supporter
information, life insurance, debts, encumbrances, tax records);
Supporting documentation as necessary (e.g., birth,
marriage, and divorce certificates; licenses; academic diplomas;
academic transcripts; appeals or motions to reopen or reconsider
decisions; explanatory statements; deoxyribonucleic acid (DNA) results;
and unsolicited information submitted voluntarily by the benefit
requestor or family members in support of a benefit request);
Physical Description (e.g., height, weight, eye color,
hair color, race, ethnicity, identifying marks like tattoos or
birthmarks);
Biometric (i.e., fingerprints and photographs) and other
information (i.e., race, ethnicity, weight, height, eye color, hair
color) collected to conduct background checks;
Description of relationships between benefit requestors,
representative, preparers, and family members;
Information regarding the status of Department of Justice
(DOJ), Executive Office of Immigration Review (EOIR) proceedings, if
applicable; and
Case processing information such as date benefit requests
were filed or received by USCIS; benefit request status; location of
record; other control number when applicable; and fee receipt data.
Information about Benefit Sponsors may include:
Full name;
Gender;
Physical and mailing addresses;
Phone and fax numbers;
Country of domicile;

Date of birth;
[[Page 72072]]
Place of birth;
Citizenship information;
SSN;
A-Number;
USCIS Online Account Number;
Employment information;
Financial information (e.g., income, expenses,
scholarships, savings, assets, property, financial support, supporter
information, life insurance, debts, encumbrances, tax records);
Position and relationship to an organization (e.g.,
manager of a company seeking formal recognition by USCIS);
Family relationships (e.g., parent, spouse, sibling,
natural, foster, and/or adopted child, other dependents); and
Relationship practices (e.g., polygamy, custody,
guardianship).
Information about Representatives includes:
Name;
Law Firm/Recognized Organization;
Physical and mailing addresses;
Phone and fax numbers;
Email address;
Attorney Bar Card Number or equivalent;
Bar membership;
Accreditation date;
Board of Immigration Appeals Representative Accreditation;
Expiration date;
Law Practice Restriction explanation; and
Signature.
Information about Preparers and Interpreters may include:
Full name;
Organization;
Business State ID number;
Employer Tax Identification Number;
Physical and mailing addresses;
Email address;
Phone and fax numbers;
Relationship to benefit requestor; and
Signature.
Information about individuals who make fee payments on behalf of
the benefit requestor includes:
Name;
Email address;
Phone number;
Mailing address; and
Payment information.
Information about Physicians may include:
Full name;
Organization name;
Physical and mailing addresses;
Professional experience;
License number;
Other Physician Identifying Number(s);
Licensing state and date of issuance;

Type of Degree/License (i.e., medical doctor, doctor of
osteopathy, or clinical psychologist);
Type of medical practice;
Examination dates of the benefit requestor;
Clinical methods used to diagnose benefit requestor;
Email address; and
Signature.
Authority for maintenance of the system:
Authority for maintaining this system is in Sections 103 and 290 of
the INA, as amended (8 U.S.C. 1103 and 1360), the regulations issued
pursuant thereto; and Section 451 of the Homeland Security Act of 2002
(Pub. L. 107-296).
Purpose(s):
The purpose of this system is to permit USCIS' collection, use,
maintenance, dissemination, and storage of paper and electronic benefit
request information, including case processing and decisional data not
included in the A-File SORN (DHS/USCIS/ICE/CBP-001 Alien File, Index,
and National File Tracking System of Records, November 21, 2013, 78 FR
69864). These records assist in the processing of immigrant and
nonimmigrant benefit requests from the time when USCIS collects the
information from the benefit requestor until the case reaches a final
decision in the relevant case management system. This system of records
does not cover requests for asylum or refugee status. This system of
records notice enables DHS/USCIS to process benefit requests
electronically; determine the status of pending benefit requests;
account for and control the receipt and disposition of any fees and
refunds collected; conduct searches pursuant to Freedom of Information
Act (FOIA) and Privacy Act requests; and locate related physical and
automated files to support DHS/USCIS responses to inquiries about these
records.
DHS/USCIS maintains a replica of some or all of the data in the
operating system on DHS unclassified and classified networks to allow
for analysis and vetting consistent with the above stated purposes and
this published notice.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3). 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 regarding individuals applying for certain immigration or
non-immigration benefits.
Information in this system of records contains information relating
to persons who have pending or approved benefit requests for special
protected classes and 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. For
example, information relating to persons who have pending or approved
benefit requests for protection under the Violence Against Women Act,
Seasonal Agricultural Worker or Legalization claims, the Temporary
Protected Status of an individual, and information relating to

nonimmigrant visas protected under special confidentiality provisions
should not be disclosed pursuant to a routine use unless disclosure is
otherwise permissible under the confidentiality statutes, regulations,
or policies applicable to that information. These confidentiality
provisions do not prevent DHS from disclosing information to the U.S.
Department of Justice (DOJ) and Offices of the United States Attorney
as part of an ongoing criminal or civil investigation.
A. To the DOJ, including Offices of the United States Attorneys, or
other federal agency conducting litigation or in proceedings before any
court, adjudicative, or administrative body, when it is relevant or
necessary to the litigation and one of the following is a party of the
litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or
[[Page 72073]]
oversight operations as authorized by law, but only such information as
is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) that rely upon
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS' efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation, enforcing, or
implementing a law, rule, regulation, or order, when 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 applications for naturalization
and to enable such courts to determine eligibility for naturalization
or grounds for revocation of naturalization.
I. To the Department of State for the purpose of assisting in the
processing of benefit requests under the Immigration and Nationality
Act, and all other immigration and nationality laws including treaties
and reciprocal agreements.
J. To appropriate Federal, State, tribal, and local government law
enforcement and regulatory agencies, foreign governments, and
international organizations, 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.
K. To an appropriate Federal, State, local, tribal, foreign, or
international agency, if the information is relevant and necessary to a
requesting agencies decision concerning the hiring or retention of an
individual, or issuance of a security clearance, license, contract,
grant, or other benefit, or if the information is relevant and
necessary to a DHS decision concerning the hiring or retention of an
employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant, or other benefit and when such disclosure
is appropriate to the proper performance of the official duties of the
person making the request.
L. To the Office of Management and Budget in connection with the
review of private relief legislation as set forth in OMB Circular No.
A-19 at any stage of the legislative coordination and clearance process
as set forth in the Circular.
M. To an attorney or representative (as defined in 8 CFR 1.1(j))
who is acting on behalf of an individual covered by this system of
records in connection with any proceeding before DHS/USCIS or the
Executive Office for Immigration Review.
N. To a federal, state, tribal, or local government agency to
assist such agencies in collecting the repayment of loans, fraudulently
or erroneously secured benefits, grants, or other debts owed to them or
to the United States Government, or to obtain information that may
assist USCIS in collecting debts owed to the United States Government.
O. To a foreign government to assist such government in collecting
the repayment of loans, fraudulently or erroneously secured benefits,
grants, or other debts owed to it, provided that the foreign government
in question:
1. Provides sufficient documentation to establish the validity of
the stated purpose of its request; and
2. Provides similar information to the United States upon request.
P. To a coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased as a
result of a crime).
Q. Consistent with the requirements of the Immigration and

Nationality Act, to the Department of Health and Human Services (HHS),
the Centers for Disease Control and Prevention (CDC), or to any State
or local health authorities, to:
1. Provide proper medical oversight of DHS-designated civil
surgeons who perform medical examinations of both arriving foreign
nationals and of those requesting status as a lawful permanent
resident; and
2. To ensure that all health issues potentially affecting public
health and safety in the United States are being or have been,
adequately addressed.
R. To a federal, state, or local government agency seeking to
verify or ascertain the citizenship or immigration status of any
individual within the jurisdiction of the agency for any purpose
authorized by law.
S. To the Social Security Administration (SSA) for the purpose of
issuing a Social Security number and card to an alien who has made a
request for a Social Security number as part of the immigration process
and in accordance with any related agreements in effect between the
SSA, DHS, and the Department of State entered into pursuant to 20 CFR
422.103(b)(3); 422.103(c); and 422.106(a), or other relevant laws and
regulations.
T. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
federal, state, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes when
the Department requires information or consultation assistance from the
former employee regarding a matter within that persons former area of
responsibility.
U. To an individual's prospective or current employer to the extent
necessary to determine employment eligibility (for example, pursuant to
the Form I-140, Immigrant Petition for Alien Worker).
V. To a federal, state, or local agency, or other appropriate
entities or individuals, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law, or Executive Order.
[[Page 72074]]
W. To approved federal, state, and local government agencies that
grant public benefits, licenses, grants, governmental credentials, or
any other statutorily authorized purpose when the immigration status of
the benefit applicant is legally required and an approved Memorandum of
Agreement or Computer Matching Agreement (CMA) is in place between DHS
and the entity.
X. To the Department of Labor for enforcement of labor
certification violations and violations of U.S. labor laws.
Y. To the news media and the public during the course of
naturalization ceremonies administered by USCIS or an Immigration
Judge. Pursuant to 8 CFR 337.2 individuals to be naturalized are
generally required to appear in a public ceremony, unless an appearance
is specifically excused.
Z. To the Department of Treasury to perform initial processing of
benefit requests and to accept and resolve payment and any related
issues.

AA. 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, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
Disclosure to consumer reporting agencies:
Through the ICE Financial Operations--Burlington at DHS, Benefits
Information Systems information may be shared with credit reporting
agencies. The primary mission of the ICE Financial Operations-Burlington is to collect debts resulting from an individual's
participation in DHS benefits programs. USCIS may share Benefits
Information System information with the ICE Financial Operations-Burlington regarding fees charged during the various benefit requests
processes to ensure collection of debts.
Pursuant to 5 U.S.C. 552a(b)(12), the Department of Treasury
Financial Management Service, on behalf of USCIS, may disclose to
consumer reporting agencies in accordance with the provision of 15
U.S.C. 1681, et seq. or the Federal Claims Collection Act of 1966 as
amended (31 U.S.C. 3701, et seq.). The purpose of this disclosure is to
aid in the collection of outstanding debts owed to the Federal
Government, typically, to provide an incentive for debtors to repay
delinquent Federal Government debts by making these part of their
credit records.
Disclosure of records is limited to the individual's name, address,
EIN/SSN, and other information necessary to establish the individual's
identity; the amount, status, and history of the claim; and the agency
or program under which the claim arose. The disclosure will be made
only after the procedural requirements of 31 U.S.C. 3711(e) have been
followed.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
DHS/USCIS stores records in this system electronically in the
operational IT systems (such as CLAIMS 3 and CLAIMS 4), including on
DHS unclassified and classified networks, or on paper in secure
facilities in a locked drawer or behind a locked door. The records may
be stored on magnetic disc, tape, within cloud service providers, and
digital media.
Retrievability:
Records may be retrieved by any of the data elements listed above
or a combination thereof. This may include, but is not limited to,
name, date of birth, Alien Number, SSN, USCIS Online Account Number,
and Receipt Number.
Safeguards:
DHS/USCIS safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. DHS/USCIS has imposed strict controls to
minimize the risk of compromising the information that is being stored.
Access to the computer system containing the records in this system is

limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.
Retention and disposal:
DHS/USCIS stores the physical documents (paper forms) and
supplemental documentation in the Alien File and processes benefit
requests in the respective DHS/USCIS case management system. The A-File
records are permanent whether hard copy or electronic. DHS/USCIS
transfers the A-Files to the custody of NARA 100 years after the
individual's date of birth.
Electronic benefits information is archived and disposed of in
accordance with NARA-approved retention schedule for the respective
USCIS systems.
Electronic data pertaining to applications for
naturalization will be deleted 15 years after the processing of the
benefit being sought is completed. Information in the master file is
destroyed 15 years after the last completed action with respect to the
application.
Electronic records pertaining to benefits other than
naturalization completed by benefit requestors domestically are
destroyed after the data is transferred to the electronic master file
and verified. Information in the master file is destroyed 50 years
after the last completed action with respect to the benefit.
Electronic records pertaining to benefits requests other
than naturalization and are completed by benefit requestors
internationally are destroyed after the data is transferred to the
electronic master file and verified. Information in the master file is
destroyed 25 years after the last completed action with respect to the
benefit.
Electronic notices and communications associated with a
benefit request, to include Approval or Denial letters, Requests for
Evidence, Notices of Intent to Deny, Appeal/Motion Responses, etc. are
retained for 13 years after the last completed action with respect to
the benefit.
Electronic appointments with USCIS are maintained for 60
days after the date of the appointment.
Daily reports generated by associated information
technology systems are maintained in accordance with the respective
retention schedule and then destroyed.
Records replicated on the unclassified and classified networks for
analysis and vetting will follow the same retention schedule.
System Manager and address:
The DHS system manager is the Chief, Immigration Records and
Identity Services, Records Division, U.S. Citizenship and Immigration
Services, Department of Homeland Security, 20 Massachusetts Avenue NW.,
Washington, DC 20529.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the National Records Center, Freedom
of Information
[[Page 72075]]

Act (FOIA)/Privacy Act (PA) Office, P.O. Box 648010, Lee's Summit, MO
64064-8010. Specific FOIA information can be found at http://www.dhs.gov/foia
under ``Contacts.'' If an individual believes more
than one component maintains Privacy Act records concerning him or her,
the individual may submit the request to the Chief Privacy Officer and
Chief FOIA Officer, Department of Homeland Security, 245 Murray Drive
SW., Building 410, STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR part 5. You must
first verify your identity, meaning that you must provide your full
name, current address, and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief FOIA Officer, http://www.dhs.gov/foia or 1-866-4310486. In addition, you should:
Explain why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without the above information, the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
In processing requests for access to information in this system,
USCIS will review the records in the operational system and coordinate
with DHS to address access to records on the DHS unclassified and
classified networks.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
DHS/USCIS obtains records from the benefit requestor, his or her
Representative, Physician, Preparer, or Interpreter. DHS/USCIS
personnel may input information as they process a case, including
information from internal and external sources to verify whether a
benefit requestor or family is eligible for the benefit requested. BIS
also stores and uses information from the following USCIS, DHS, and
other federal agency systems of records:
DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File
Tracking System of Records, 78 FR 69864 (November 21, 2013);
DHS/USCIS-002 Background Check Service, 72 FR 31082 (June
5, 2007);
DHS/USCIS-003 Biometric Storage System, 72 FR 17172 (April
6, 2007);

DHS/USCIS-005 Inter-Country Adoptions Security 72 FR 31086
(June 5, 2007);
DHS/USCIS-006 Fraud Detection and National Security
Records (FDNS) 77 FR 47411 (August 8, 2012);
DHS/USCIS-010 Asylum Information and Pre-Screening, 75 FR
409 (January 5, 2010);
DHS/CBP-011 U.S. Customs and Border Protection TECS, 73 FR
77778 (December 19, 2008);
DHS/ICE-001 Student and Exchange Visitor Information
System, 75 FR 412 (January 5, 2010);
DHS/ICE-011 Immigration and Enforcement Operational
Records System (ENFORCE), 80 FR 24269 (April 30, 2015);
DHS/CBP-021 Arrival and Departure Information System
(ADIS), 80 FR 72081 (November 18, 2015);
DHS/NPPD-004 DHS Automated Biometric Identification System
(IDENT), 72 FR 31080 (June 5, 2007);
JUSTICE/EOIR-001 Records and Management Information
System, 72 FR 3410 (January 25, 2007);
JUSTICE/FBI-002 The FBI Central Records System, 72 FR 3410
(January 25, 2007);
JUSTICE/FBI-009 Fingerprint Identification Records System
(FIRS), 72 FR 3410 (January 25, 2007);
DOL/ETA-7 Employer Application and Attestation File for
Permanent and Temporary Alien Workers, 77 FR 1728, (January 10, 2012);
STATE-05 Overseas Citizens Services Records, 73 FR 24343
(May 2, 2008);
STATE-26 Passport Records, 76 FR 34966 (July 6, 2011);
STATE-39 Visa Records, 77 FR 65245 (October 25, 2012); and
TREASURY/FMS-017 Collections Records, 74 FR 23006 (May 15,
2009).
Exemptions claimed for the system:
None.
Dated: October 5, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-25192 Filed 10-18-16; 8:45 am]
BILLING CODE 9111-97-P