System of Record Notice DHS/USCIS/ICE/CBP-001

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Associate Director, National
Preparedness Directorate, Federal
Emergency Management Agency,
Washington, DC 20472, will maintain a
computerized record of all applications
and assignments of National Defense
Executive Reserve reservists for the
Federal Government as well as the
personnel files for all individuals
assigned to the Federal Emergency
Management Agency. The departments
and agencies will maintain their own
personnel records on those individuals
assigned to their respective department
or agency.

statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
http://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you; and
• Specify when you believe the
records would have been created.
Provide any other information that will
help the FOIA staff determine which
DHS component agency may have
responsive records. 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.

NOTIFICATION PROCEDURE:

RECORD ACCESS PROCEDURES:

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:

Case files on reservists are maintained
in accordance with Item 29a, GRS 18,
Security and Protective Services
Records, and destroyed five years after
termination from the National Defense
Executive Reserve (NDER) program.
Case files on individuals whose
applications were rejected or withdrawn
are destroyed when five years old in
accordance with Item 29b, GRS 18.

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SYSTEM MANAGER AND ADDRESS:

Individuals wishing to inquire
whether this system of records contains
information about themselves should
submit their inquiries to:
(a) NDER applicants/assignees to
DHS/FEMA—Federal Emergency
Management Agency, Associate
Director, National Preparedness
Directorate, Washington, DC 20472; or
(b) FEMA FOIA Office whose contact
information can be found at http://
www.dhs.gov/foia under ‘‘Contacts.’’
If a NDER applicant believes more
than one component maintains Privacy
Act records concerning him or her, the
individual may submit the request to
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
Department of Homeland Security, 245
Murray Drive SW., Building 410, STOP–
0655, Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR Part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. § 1746, a law that permits

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See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

Records are obtained from the
individuals to whom the record
pertains. Prior to being designated as an
National Defense Executive Reserve
reservist, the applicant must
successfully complete a background
investigation conducted by the Office of
Personnel Management, which may
include reference checks of prior
employers, educational institutions
attended, police records,
neighborhoods, and present and past
friends and acquaintances.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: November 6, 2013.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2013–27894 Filed 11–20–13; 8:45 am]
BILLING CODE 4410–10–P

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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2013–0069]

Privacy Act of 1974; Department of
Homeland Security U.S. Citizenship
and Immigration Services, U.S.
Immigration and Customs
Enforcement, U.S. Customs and
Border Protection—001 Alien File,
Index, and National File Tracking
System of Records
Department of Homeland
Security, Privacy Office.
ACTION: Notice of update and reissuance
of privacy act system of records.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
notice titled, ‘‘Department of Homeland
Security U.S. Citizenship and
Immigration Services, U.S. Immigration
and Customs Enforcement, U.S.
Customs and Border Protection—001
Alien File, Index, and National File
Tracking System of Records,’’ 76 FR
34233 (June 13, 2011). This system of
records contains information regarding
transactions involving an individual as
he/she passes through the U.S.
immigration and inspection process,
some of which may also be covered by
separate systems of records notices. This
system of records contains personally
identifiable information such as the
individual’s name, Alien Registration
Number, receipt file number, date and
place of birth, date and port of entry, as
well as the location of each official
Alien File. It may also contain other
personal identifiers such as an
individual’s Social Security Number.
The Department of Homeland Security
is updating the Department of
Homeland Security U.S. Citizenship and
Immigration Services, U.S. Immigration
and Customs Enforcement, U.S.
Customs and Border Protection—001
Alien File, Index, and National File
Tracking System of Records with the
following substantive changes: (1) The
addition of five routine uses and the
modification of eight routine uses to
allow the Department of Homeland
Security to share information from this
system; (2) Updated notification and
access procedures; and (3) Language
acknowledging the concurrent
publication of a Final Rule exempting
this system from certain provisions of
the Privacy Act, including an exemption
for records that are classified. This
updated system will be included in the

SUMMARY:

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Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
December 23, 2013. This updated
system will be effective December 23,
2013.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2013–0069 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, Deputy
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 regarding this system
of records 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,
Deputy Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) U.S.
Citizenship and Immigration Services
(USCIS), U.S. Immigration and Customs
Enforcement (ICE), U.S. Customs and
Border Protection (CBP) proposes to
update and reissue a current DHS
system of records titled, ‘‘DHS/USCIS–
ICE–CBP–001 Alien File, Index, and
National File Tracking System of
Records.’’
DHS implements U.S. immigration
law and policy through USCIS’s
processing and adjudication of
applications and petitions submitted for
citizenship, asylum, and other
immigration benefits. USCIS also
supports national security by preventing
individuals from fraudulently obtaining
immigration benefits and by denying
applications from individuals who pose
national security or public safety
threats. U.S. immigration policy and law

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is also implemented through ICE’s law
enforcement activities and CBP’s
inspection and border security
processes.
The Alien File (A-File), Index, and
National File Tracking System of
Records is the official record system that
contains information regarding the
transactions of an individual as he/she
passes through the U.S. immigration
and inspection process. The DHS/
USCIS–ICE–CBP–001 Alien File, Index,
and National File Tracking System of
Records contains personally identifiable
information (PII) such as the
individual’s name, Alien Registration
Number, receipt file number, date and
place of birth, date and port of entry, as
well as the location of each official AFile. It may also contain other personal
identifiers such as an individual’s
Social Security Number (SSN), if the
individual has one and it is in the AFile. Some records contained in the
DHS/USCIS–ICE–CBP–001 A-Files are
derived from separate systems of record,
in which case the system of records
notice (SORN) pertaining to the
originating system would govern the
treatment of those records. Previously,
the legacy agency Immigration and
Naturalization Services (INS) collected
and maintained information concerning
all of these immigration and inspection
interactions. Since the formation of
DHS, however, immigration
responsibilities have been divided
among USCIS, ICE, and CBP. While
USCIS is the custodian of the A-File, all
three components create, contribute
information to, and use A-Files, hence
this joint System of Records Notice.
A notice detailing this system of
records was last published in the
Federal Register on June 13, 2011, as
the DHS/USCIS–ICE–CBP–001 Alien
File, Index, and National File Tracking
System of Records, 76 FR 34233.
DHS is updating the DHS/USCIS–
ICE–CBP–001 Alien File, Index, and
National File Tracking System of
Records to include the following
substantive changes: (1) The addition of
three routine uses and the modification
of eight routine uses to clarify DHS’s
sharing of information from this system;
(2) Updated notification and access
procedures; and (3) Language
acknowledging the concurrent
publication of a Final Rule exempting
this system from certain provisions of
the Privacy Act, including an exemption
for records that are classified.
DHS added five routine uses with the
letter in parentheses corresponding to
the new routine use:
(H) Allows DHS to share information
with other federal, state, tribal, local or
government agencies when these other

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agencies are investigating or prosecuting
violations of statute rules, regulations,
orders, and/or licenses.
(I) Allows DHS to share information
with third parties during the course of
a law enforcement investigation in order
to obtain pertinent information.
(J) Allows DHS to share information
with organizations or persons when
there is reason to believe that the
recipient is or could be the target of a
particular terrorist activity.
(LL) Allows DHS to share information
with family members when, under 8
CFR § 103.8, DHS or an Executive Office
for Immigration Review immigration
judge makes a decision that an alien is
mentally incompetent.
(OO) Allows DHS to share
information with domestic government
agencies when those agencies are
seeking to determine the immigration
status of individuals who have applied
to purchase or obtain a firearm in the
United States.
Below is a summary of the eight
routine use modifications with the letter
in parentheses corresponding to the
routine use updated:
(A) Updated to clarify that records
will be provided to ‘‘the United States
or any agency thereof,’’ without any
further modifiers to the section.
(C) Updated to note that records will
be provided specifically to General
Services Administration rather than
other federal government agencies.
(D) Updated to clarify language that
records will not be given to individuals,
but to agencies or organizations
performing the audit.
(E) Updated to clarify language
regarding a suspected or confirmed
compromise of personally identifiable
information in the system.
(F) Updated to clarify language that
the contractors are subject to the
requirements laid out in this system of
records notice and the Privacy Act.
(K) Updated to clarify the language to
reflect the practice associated with
naturalization process.
(L) Updated to clarify that records
will be provided to ‘‘the United States
or any agency thereof,’’ without any
further modifiers to the section.
(M) Update language to refer to
correct Code of Federal Regulations
citation for the definition of an attorney
or representative, and clarified that it is
at the Department’s discretion to use
this routine use, as with any routine use
published in this system of records.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/USCIS–ICE–CBP–001 may be
shared with other DHS components that
have a need to know the information to
carry out their national security, law

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enforcement, immigration, intelligence,
or other homeland security functions. In
addition, DHS may share with
appropriate federal, state, local, tribal,
territorial, foreign, or international
government agencies after DHS
determines that the receiving
component or agency has a need to
know the information to carry out
national security, law enforcement,
immigration, intelligence, or other
functions consistent with the routine
uses set forth in the A-File SORN, or
other applicable exemptions under the
Privacy Act.
Additionally, DHS is issuing a Final
Rule elsewhere in the Federal Register,
to exempt this system of records from
certain provisions of the Privacy Act.
This updated system will be included in
DHS’s inventory of record systems.

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II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which federal government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. As a matter of policy (Privacy
Policy Guidance Memorandum 2007–
01, most recently updated January 7,
2009), DHS extends administrative
Privacy Act protections to all
individuals, regardless of citizenship,
when systems of records maintain
information on U.S. citizens, lawful
permanent residents, and visitors.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses to which
their records are put, and to assist
individuals with more easily finding
such files within the agency. Below is
the description of the DHS/USCIS–ICE–
CBP–001 Alien File, Index, and
National File Tracking System of
Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of

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Management and Budget and to
Congress.

Customs Enforcement (ICE) and U.S.
Customs and Border Protection (CBP).

SYSTEM OF RECORDS

CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

DHS/USCIS–ICE–CBP–001

• Lawful permanent residents;
• Naturalized U.S. citizens;
• U.S. citizens when petitioning for
benefits under the Immigration and
Nationality Act (INA) on behalf of
another individual;
• Individuals who receive or petition
for benefits under the INA, and;
• Individuals who are subject to the
enforcement provisions of the INA;
• Individuals who are subject to the
INA and:
Æ Are under investigation by DHS for
possible national security threats or
threats to the public safety,
Æ were investigated by DHS in the
past,
Æ are suspected of violating
immigration-related criminal or civil
provisions of treaties, statutes,
regulations, Executive Orders, and
Presidential proclamations administered
by DHS, or
Æ are witnesses and informants
having knowledge of such violations;
• Relatives and associates of any of
the individuals listed above who are
subject to the INA;
• Individuals who have renounced
their U.S. Citizenship; or
• Preparers, attorneys, and
representatives who assist individuals
during benefit and enforcement
proceedings under the INA.
Note: Individuals may fall within one
or more of these categories.

SYSTEM NAME:

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

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

Alien Files (A-Files) are maintained
in electronic and paper format
throughout DHS. Digitized A-Files are
located in the Enterprise Document
Management System (EDMS). The
Central Index System (CIS) maintains an
index of the key personally identifiable
information (PII) in the A-File, which
can be used to retrieve additional
information through such applications
as Enterprise Citizenship and
Immigrations Services Centralized
Operational Repository (eCISCOR), the
Person Centric Query Service (PCQS)
and the Microfilm Digitization
Application System (MiDAS). The
National File Tracking System (NFTS)
provides a tracking system of where the
A-Files are physically located, including
whether the file has been digitized.
The databases maintaining the above
information are located within the DHS
data center in the Washington, DC
metropolitan area as well as throughout
the country. Computer terminals
providing electronic access are located
at U.S. Citizenship and Immigration
Services (USCIS) sites at Headquarters
and in the Field throughout the United
States and at appropriate facilities under
the jurisdiction of the U.S. Department
of Homeland Security (DHS) and other
locations at which officers of DHS
component agencies may be posted or
operate to facilitate DHS’s mission of
homeland security. Hard copies of the
A-Files are primarily located at the
records centers in Lee Summit,
Missouri; Suitland, Maryland; San
Bruno, California; Seattle, Washington;
and Dayton, Ohio. Hard copies may also
be located at Headquarters, Regional,
District, and other USCIS file control
offices in the United States and foreign
countries as detailed on the agency’s
Web site, http://www.USCIS.gov. Hard
copies may also be located at the offices
and facilities of U.S. Immigration and

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CATEGORIES OF RECORDS IN THIS SYSTEM
INCLUDE:

A. The hardcopy paper A-File, which
contains the official record material
about each individual for whom DHS
has created a record under the INA such
as: naturalization certificates; various
documents and attachments (e.g., birth
and marriage certificates); applications
and petitions for benefits under the
immigration and nationality laws;
reports of arrests and investigations;
statements; other reports; records of
proceedings before or filings made with
the U.S. immigration courts and any
administrative or federal district court
or court of appeal; correspondence; and
memoranda. Specific data elements may
include:
• Alien Registration Number(s) (ANumbers);
• Receipt file number(s);
• Full name and any aliases used;
• Physical and mailing addresses;
• Phone numbers and email
addresses;
• Social Security Number (SSN);

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• Date of birth;
• Place of birth (city, state, and
country);
• Countries of citizenship;
• Gender;
• Physical characteristics (height,
weight, race, eye and hair color,
photographs, fingerprints);
• Government-issued identification
information (i.e., passport, driver’s
license):
Æ Document type,
Æ issuing organization,
Æ document number, and
Æ expiration date;
• Military membership;
• Arrival/Departure information
(record number, expiration date, class of
admission, etc.);
• Federal Bureau of Investigation
(FBI) Identification Number;
• Fingerprint Identification Number;
• Immigration enforcement history,
including arrests and charges,
immigration proceedings and appeals,
and dispositions including removals or
voluntary departures;
• Immigration status;
• Family history;
• Travel history;
• Education history;
• Employment history;
• Criminal history;
• Professional accreditation
information;
• Medical information relevant to an
individual’s application for benefits
under the INA before DHS or the
immigration court, an individual’s
removability from and/or admissibility
to the United States, or an individual’s
competency before the immigration
court;
• Specific benefit eligibility
information as required by the benefit
being sought; and
• Video or transcript of immigration
interview.
B. EDMS maintains the electronic
copy of the A-File (same information as
above with the exception of material
that cannot be scanned such as cassette
tapes, CDs, or DVDs) if it was scanned
from the paper file.
C. CIS contains information on those
individuals who during their
interactions with DHS have been
assigned an A-Number. The system
contains biographic information on
those individuals, allowing DHS
employees to quickly review the
individual’s immigration status. The
information in the system can then be
used to retrieve additional information
on the individual from other systems.
The information in the system can be
used to request the hard copy A-File
from the DHS File Control Office that
has custody of the file. Specific data
elements may include:

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• A-Number(s);
• Full name and any aliases used;
• SSN;
• Date of birth;
• Place of birth (city, state, and
country);
• Country of citizenship;
• Gender;
• Government issued identification
information (i.e., passport, driver’s
license):
Æ Document type,
Æ issuing organization,
Æ document number, and
Æ expiration date;
• Arrival/Departure information
(record number, expiration date, class of
admission etc.);
• Immigration status;
• Father and Mother’s first name;
• FBI Identification Number;
• Fingerprint Identification Number;
• Immigration enforcement history,
including arrests and charges,
immigration proceedings and appeals,
and dispositions including removals or
voluntary departures; and
• File Control Office location of the
paper or electronic A-File.
D. NFTS contains the location of the
A-File to a more detailed level within
the DHS File Control Office. Specific
data elements include:
• A-Number(s);
• Receipt File Number; and
• Location of the paper or electronic
A-File and Receipt File at and within
the DHS File Control Office, as well as
the history of who has maintained the
A-File, including the component,
section, and employee.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Authority for maintaining this system
is in Sections 103 and 290 of the INA,
as amended (8 U.S.C. 1103 and 1360),
and the regulations issued pursuant
thereto; and Section 451 of the
Homeland Security Act of 2002 (Pub. L.
107–296), codified at 6 U.S.C. 271.
PURPOSE(S):

The purpose of the A-File is to
facilitate the enforcement and provision
of benefits under the INA and related
statutes. A-Files, EDMS, CIS, and NFTS
are used primarily by DHS employees
for immigration benefits processing,
protection of national security, and
administering and enforcing
immigration and nationality laws and
related statutes.
The purpose of the A-File is to
document an individual’s benefits and
enforcement transactions as he/she
passes through the U.S. immigration
and inspection process.
The purpose of CIS is to provide a
searchable central index of A-Files and

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to support the location and transfer of
A-Files among DHS personnel and
offices as needed in support of
immigration benefits and enforcement
actions.
The purpose of NFTS is to accurately
account for the specific physical
location of A-Files and Receipt Files
within a DHS File Control Office, and to
track the request and transfer of all AFiles and Receipt Files.
These records assist DHS with
processing applications for benefits
under applicable immigration laws;
detecting violations of these laws;
supporting the referral of such
violations for prosecution or other
appropriate enforcement action;
supporting law enforcement efforts and
the inspection process; and supporting
protection of the United States borders.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

Note: Even when a valid routine use
permits disclosure of information from
this system of records to a third party,
in some cases such disclosure may not
be permissible because of
confidentiality laws and policies that
limit the sharing of information about
the application for, or award of certain
immigration benefits. For example,
information in this system of records
contained in or pertaining to
applications for asylum or refugee
protection, information relating to
persons who have pending or approved
petitions for protection under the
Violence Against Women Act (VAWA),
Seasonal Agricultural Worker or
Legalization claims, the Temporary
Protected Status of an individual, and
information relating to S, T, or U visas
should not be disclosed pursuant to a
routine use unless disclosure is
otherwise permissible under the
confidentiality statutes, regulations, or
policies applicable to that information.
However, these confidentiality
provisions do not prevent DHS from
disclosing information to the U.S.
Department of Justice and Offices of the
United States Attorneys as part of an
ongoing criminal or civil investigation.
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including U. S. Attorneys’ Offices, or
other federal agency conducting
litigation or in proceedings before any
court, adjudicative or administrative

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body, when it is necessary or relevant to
the litigation and one of the following
is a party to the litigation or has an
interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity 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 or General
Services Administration pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency or organization, for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to the security
or integrity of this system or other
systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individuals that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate federal, state,
tribal, territorial, local, international, or
foreign law enforcement agency or other

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appropriate authority charged with
investigating or prosecuting a violation
or 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.
H. To appropriate federal, state, tribal,
local, or foreign governmental agencies
or multilateral governmental
organizations responsible for
investigating or prosecuting the
violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, or license, when DHS
believes the information would assist in
enforcing applicable civil or criminal
laws.
I. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation.
J. To an organization or person in
either the public or private sector, either
foreign or domestic, when there is a
reason to believe that the recipient is or
could become the target of a particular
terrorist activity or conspiracy, or when
the information is relevant to the
protection of life, property, or other vital
interests of a person.
K. To clerks and judges of courts
exercising naturalization jurisdiction for
the purpose of granting or revoking
naturalization.
L. To courts, magistrates,
administrative tribunals, opposing
counsel, parties, and witnesses, in the
course of immigration, civil, or criminal
proceedings before a court or
adjudicative body when it is necessary
or relevant to the litigation or
proceeding and the following is a party
to the proceeding or has an interest in
the proceeding:
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 DOJ or
DHS has agreed to represent the
employee; or
4. The United States or any agency
thereof.
M. To an attorney or representative
(as defined in 8 CFR 1.2) who is acting
on behalf of an individual covered by
this system of records in connection
with any proceeding before USCIS, ICE,
or CBP or the Executive Office for
Immigration Review, as required by law
or as deemed necessary in the discretion
of the Department.
N. To DOJ (including Offices of the
United States Attorneys) or other federal
agency conducting litigation or in

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proceedings before any court,
adjudicative, or administrative body,
when necessary to assist in the
development of such agency’s legal and/
or policy position.
O. To the Department of State in the
processing of petitions or applications
for benefits under the INA, and all other
immigration and nationality laws
including treaties and reciprocal
agreements; or when the Department of
State requires information to consider
and/or provide an informed response to
a request for information from a foreign,
international, or intergovernmental
agency, authority, or organization about
an alien or an enforcement operation
with transnational implications.
P. To appropriate federal, state, local,
tribal, territorial, or foreign
governments, as well as to other
individuals and organizations during
the course of an investigation by DHS or
the processing of a matter under DHS’s
jurisdiction, or during a proceeding
within the purview of the immigration
and nationality laws, when DHS deems
that such disclosure is necessary to
carry out its functions and statutory
mandates.
Q. To an appropriate federal, state,
tribal, territorial, local, or foreign
government agency or organization, or
international organization, lawfully
engaged in collecting law enforcement
intelligence, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing, or implementing
civil or criminal laws, related rules,
regulations, or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence and the disclosure is
appropriate to the proper performance
of the official duties of the person
receiving the information.
R. To an appropriate federal, state,
local, tribal, territorial, foreign, or
international agency, if the information
is relevant to a requesting agency’s
decision concerning the hiring or
retention of an individual, or issuance
of a security clearance, license, contract,
grant, or other benefit, or if the
information is relevant 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.
S. To an appropriate federal, state,
local, tribal, territorial, foreign, or
international agency, if DHS determines:
(1) The information is relevant and
necessary to that agency’s decision
concerning the hiring or retention of an
individual, or issuance of a security

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clearance, license, contract, grant, or
other benefit; and (2) Failure to disclose
the information is likely to create a
substantial risk to government facilities,
equipment, or personnel; sensitive
information; critical infrastructure; or
public safety.
T. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations for the purpose of
protecting the vital interests of a data
subject or other persons, including to
assist such agencies or organizations in
preventing exposure to, or transmission
of a communicable or quarantinable
disease or to combat other significant
public health threats; appropriate notice
will be provided of any identified health
threat or risk.
U. To an individual’s current
employer to the extent necessary to
determine employment eligibility or to
a prospective employer or government
agency to verify whether an individual
is eligible for a government-issued
credential that is a condition of
employment.
V. 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 DHS requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
W. 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.
X. To the U.S. Senate Committee on
the Judiciary or the U.S. House of
Representatives Committee on the
Judiciary when necessary to inform
members of Congress about an alien
who is being considered for private
immigration relief.
Y. To a federal, state, tribal, or local
government agency and/or to domestic
courts to assist such agencies in
collecting the repayment of loans, or
fraudulently or erroneously secured
benefits, grants, or other debts owed to
them or to the United States
Government, or to obtain information
that may assist DHS in collecting debts
owed to the United States Government.
Z. To an individual or entity seeking
to post or arrange, or who has already
posted or arranged, an immigration

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bond for an alien, to aid the individual
or entity in (1) identifying the location
of the alien; (2) posting the bond; (3)
obtaining payments related to the bond;
or (4) conducting other administrative
or financial management activities
related to the bond.
AA. To a coroner for purposes of
affirmatively identifying a deceased
individual (whether or not such
individual is deceased as a result of a
crime).
BB. Consistent with the requirements
of the INA, to the Department of Health
and Human Services (HHS), the Centers
for Disease Control and Prevention
(CDC), or to any state or local health
authorities, to:
1. Provide proper medical oversight of
DHS-designated civil surgeons who
perform medical examinations of both
arriving aliens and of those requesting
status as lawful permanent residents;
and
2. Ensure that all health issues
potentially affecting public health and
safety in the United States are being or
have been, adequately addressed.
CC. To a federal, state, local, tribal, or
territorial government agency seeking to
verify or ascertain the citizenship or
immigration status of any individual
within the jurisdiction of the agency for
any purpose authorized by law.
DD. To the Social Security
Administration (SSA) for the purpose of
issuing a SSN and card to an alien who
has made a request for a SSN as part of
the immigration process and in
accordance with any related agreements
in effect between the SSA, DHS, and the
Department of State entered into
pursuant to 20 CFR 422.103(b)(3),
422.103(c)(3), and 422.106(a), or other
relevant laws and regulations.
EE. To federal and foreign government
intelligence or counterterrorism
agencies or components when DHS
becomes aware of an indication of a
threat or potential threat to national or
international security, or when such use
is to conduct national intelligence and
security investigations or assist in antiterrorism efforts.
FF. To third parties to facilitate
placement or release of an individual
(e.g., at a group home, homeless shelter)
who has been or is about to be released
from DHS custody, but only such
information that is relevant and
necessary to arrange housing or
continuing medical care for the
individual.
GG. To an appropriate domestic
government agency or other appropriate
authority for the purpose of providing
information about an individual who
has been or is about to be released from
DHS custody who, due to a condition

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69869

such as mental illness, may pose a
health or safety risk to himself/herself or
to the community. DHS will only
disclose information about the
individual that is relevant to the health
or safety risk they may pose and/or the
means to mitigate that risk (e.g., the
individual’s need to remain on certain
medication for a serious mental health
condition).
HH. To foreign governments for the
purpose of coordinating and conducting
the removal of individuals to other
nations under the INA; and to
international, foreign, and
intergovernmental agencies, authorities,
and organizations in accordance with
law and formal or informal international
arrangements.
II. To a federal, state, local, territorial,
tribal, international, or foreign criminal,
civil, or regulatory law enforcement
authority when the information is
necessary for collaboration,
coordination, and de-confliction of
investigative matters, prosecutions, and/
or other law enforcement actions to
avoid duplicative or disruptive efforts
and to ensure the safety of law
enforcement officers who may be
working on related law enforcement
matters.
JJ. To the DOJ Federal Bureau of
Prisons and other federal, state, local,
territorial, tribal, and foreign law
enforcement or custodial agencies for
the purpose of placing an immigration
detainer on an individual in that
agency’s custody, or to facilitate the
transfer of custody of an individual from
DHS to the other agency. This will
include the transfer of information
about unaccompanied minor children to
HHS to facilitate the custodial transfer
of such children from DHS to HHS.
KK. To federal, state, local, tribal,
territorial, or foreign governmental or
quasi-governmental agencies or courts
to confirm the location, custodial status,
removal, or voluntary departure of an
alien from the United States, in order to
facilitate the recipients’ exercise of
responsibilities pertaining to the
custody, care, or legal rights (including
issuance of a U.S. passport) of the
removed individual’s minor children, or
the adjudication or collection of child
support payments or other debts owed
by the removed individual.
LL. To a federal, state, tribal,
territorial, local, international, or foreign
government agency or multilateral
governmental organization for the
purpose of consulting with that agency
or entity: (1) To assist in making a
determination regarding redress for an
individual in connection with the
operations of a DHS component or
program; (2) for the purpose of verifying

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the identity of an individual seeking
redress in connection with the
operations of a DHS component or
program; or (3) for the purpose of
verifying the accuracy of information
submitted by an individual who has
requested such redress on behalf of
another individual.
MM. To family members, guardians,
committees, friends, or other agents
identified by law or regulation to
receive notification, decisions, and
other papers as provided in 8 CFR 103.8
from the Department of Homeland
Security or Executive Office for
Immigration Review following
verification of a familial or agency
relationship with an alien when DHS is
aware of indicia of incompetency or
when an immigration judge determines
an alien is mentally incompetent.
NN. To the news media and the
public, with the approval of the Chief
Privacy Officer in consultation with
counsel, when there exists a legitimate
public interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
OO. To domestic governmental
agencies seeking to determine the
immigration status of persons who have
applied to purchase/obtain a firearm in
the United States, pursuant to checks
conducted on such persons under the
Brady Handgun Violence Prevention
Act or other applicable laws.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:

tkelley on DSK3SPTVN1PROD with NOTICES

Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records may be stored
on magnetic disc, tape, digital media,
and CD–ROM.
RETRIEVABILITY:

Digitized A-Files maintained in EDMS
can be searched and retrieved by any of
the following fields alone or in any
combination:
• A-Number;
• Last name;

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SAFEGUARDS:

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

STORAGE:

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• First name;
• Middle name;
• Aliases;
• Date of birth;
• Country of birth;
• Gender; and
• Through a full text-based search of
records contained in the digitized A-File
(based on optical character recognition
of the scanned images).
The location of the paper record from
which the digitized A-File was
produced can be searched in CIS using
the following data:
• A-Number;
• Full name;
• Alias;
• Sounds-like name with or without
date of birth;
• Certificate of Citizenship or
Naturalization Certificate number;
• Driver’s License Number;
• FBI Identification Number;
• Fingerprint Identification Number;
• I–94 admission number;
• Passport number;
• SSN; or
• Travel document number.
The location of the paper or digitized
record A-Files and Receipt Files can be
searched in NFTS using the following
data:
• A-Number; or
• Receipt File Number.

The A-File records are permanent
whether hard copy or electronic. A-Files
are transferred to the custody of the
National Archives 100 years after the
individual’s date of birth. Newlyeligible files are transferred to the
National Archives every five years.
When a paper A-File is digitized, the
digitized A-File maintained in EDMS
becomes the official record and
maintains the same retention schedule
as the original paper A-File. The hard
copy files are sent to the records center
once the records have been digitized.
CIS records are permanently retained
on-site because they are the index of
where the physical A-File is and

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whether it has been transferred to the
National Archives.
NFTS records are temporary and
deleted when they are no longer needed
for agency business. The records exist
only as a reference to a physical or
digital file, and exist for as long as the
referenced file exists. NFTS records
associated with an A-File will be
retained on a permanent basis even after
the A-File has been retired to NARA to
retain accurate recordkeeping. Receipt
Files with a shorter retention period
will have the associated NFTS record
destroyed or deleted once the file has
been destroyed.
SYSTEM MANAGER AND ADDRESS:

The DHS system manager is the Chief,
Records Division, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 20 Massachusetts
Avenue NW., Washington, DC 20529.
NOTIFICATION PROCEDURE:

The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
contains classified and sensitive
unclassified information related to
intelligence, counterterrorism,
homeland security, and law
enforcement programs. These
exemptions apply only to the extent that
records in the system are subject to
exemption. However, USCIS will
consider individual requests to
determine whether or not information
may be released. Individuals 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 USCIS
FOIA Officer, whose contact
information can be found at http://
www.dhs.gov/foia under ‘‘Contacts.’’
When seeking records about yourself
from this system of records or any other
DHS system of records your request
must conform with the Privacy Act
regulations set forth in 6 CFR Part 5.
You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. § 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
http://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain why you believe DHS
would have information on you;

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• Identify which component(s) of
DHS 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.
RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

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

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EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Secretary of Homeland Security
has exempted this system from the
following provisions of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2): 5 U.S.C.
552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8),
(e)(12), (f), (g)(1), and (h). Additionally,
the Secretary of Homeland Security has
exempted this system from the
following provisions of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(1) and
(k)(2); 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
Dated: October 28, 2013.
Jonathan R. Cantor,
Deputy Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2013–27895 Filed 11–20–13; 8:45 am]
BILLING CODE 9111–97–P

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DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0117]

Agency Information Collection
Activities: myE-Verify, Revision of a
Currently Approved Collection
ACTION:

60-Day Notice.

The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration Services (USCIS) invites
the general public and other Federal
agencies to comment upon this
proposed revision of a currently
approved collection of information. In
accordance with the Paperwork
Reduction Act (PRA) of 1995, the
information collection notice is
published in the Federal Register to
obtain comments regarding the nature of
the information collection, the
categories of respondents, the estimated
burden (i.e., the time, effort, and
resources used by the respondents to
respond), the estimated cost to the
respondent, and the actual information
collection instruments.
DATES: Comments are encouraged and
will be accepted for 60 days until
January 21, 2014.
ADDRESSES: All submissions received
must include the OMB Control Number
1615–0117 in the subject box, the
agency name and Docket ID USCIS–
2010–0014. To avoid duplicate
submissions, please use only one of the
following methods to submit comments:
(1) Online. Submit comments via the
Federal eRulemaking Portal Web site at
www.regulations.gov under e-Docket ID
number USCIS–2010–0014;
(2) Email. Submit comments to
[email protected];
(3) Mail. Submit written comments to
DHS, USCIS, Office of Policy and
Strategy, Chief, Regulatory Coordination
Division, 20 Massachusetts Avenue
NW., Washington, DC 20529–2140.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Comments
Regardless of the method used for
submitting comments or material, all
submissions will be posted, without
change, to the Federal eRulemaking
Portal at http://www.regulations.gov,
and will include any personal
information you provide. Therefore,
submitting this information makes it
public. You may wish to consider
limiting the amount of personal
information that you provide in any
voluntary submission you make to DHS.

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69871

DHS may withhold information
provided in comments from public
viewing that it determines may impact
the privacy of an individual or is
offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
http://www.regulations.gov.
Note: The address listed in this notice
should only be used to submit comments
concerning this information collection.
Please do not submit requests for individual
case status inquiries to this address. If you
are seeking information about the status of
your individual case, please check ‘‘My Case
Status’’ online at: https://egov.uscis.gov/cris/
Dashboard.do, or call the USCIS National
Customer Service Center at 1–800–375–5283.

Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Revision of a Currently Approved
Collection.
(2) Title of the Form/Collection: myEVerify (previously, E-Verify Self Check
Program).
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: USCIS (No
form number).
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. myE-Verify will allow
workers in the United States to enter
data into the E-Verify system to ensure
that the information relating to their
eligibility to work is correct and
accurate. The additional features of
myE-Verify will allow employees to
proactively engage with E-Verify

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