System of Record Notice - DHS/USCIS-010 Asylum Information and Pre-screening System of Records, November 30, 2015, 80 FR 74781

DHS.USCIS.010 Asylum Information and Pre-screening System of Records, November 30, 2015, 80 FR 74781.pdf

Refugee/Asylee Relative Petition

System of Record Notice - DHS/USCIS-010 Asylum Information and Pre-screening System of Records, November 30, 2015, 80 FR 74781

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jstallworth on DSK7TPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices
on HIV/AIDS (PACHA) will hold a
conference call to discuss and vote on
a letter to President Obama and
Secretary Burwell asking for support of
PACHA’s recommendations to address
persistent disparities in HIV-related
clinical outcomes through the
implementation of standardized HIV
clinical performance measures. The call
will be open to the public.
DATES: The call will be held on Monday,
December 14, 2015, at 4:30 p.m. (ET) to
approximately 5:30 p.m. (ET).
ADDRESSES: The conference call-in
number for members of the public in the
United States or Canada is (888) 390–
3967 and the International dial-in
number is (862) 255–5351.
FOR FURTHER INFORMATION CONTACT: Ms.
Caroline Talev, Public Health Analyst,
Presidential Advisory Council on HIV/
AIDS, Department of Health and Human
Services, 200 Independence Avenue
SW., Room 443H, Hubert H. Humphrey
Building, Washington, DC 20201; (202)
205–1178. More detailed information
about PACHA can be obtained by
accessing the Council’s Web site
www.aids.gov/pacha.
SUPPLEMENTARY INFORMATION: PACHA
was established by Executive Order
12963, dated June 14, 1995, as amended
by Executive Order 13009, dated June
14, 1996. The Council was established
to provide advice, information, and
recommendations to the Secretary
regarding programs, policies, and
research to promote effective treatment,
prevention, and cure of HIV disease and
AIDS, including considering common
co-morbidities of those infected with
HIV as needed to promote effective
prevention and treatment and quality
services to persons living with HIV
disease and AIDS. The functions of the
Council are solely advisory in nature.
The Council consists of not more than
25 members. Council members are
selected from prominent community
leaders with particular expertise in, or
knowledge of, matters concerning HIV
and AIDS, public health, global health,
philanthropy, marketing or business, as
well as other national leaders held in
high esteem from other sectors of
society. Council members are appointed
by the Secretary or designee, in
consultation with the White House
Office on National AIDS Policy. The
agenda for the upcoming meeting will
be posted on the Council’s Web site at
www.aids.gov/pacha.
Pre-registration for the call is
advisable and can be accomplished by
contacting Caroline Talev at
[email protected]. Members of the
public will have the opportunity to
listen in on the conference call.

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Dated: November 16, 2015.
B. Kaye Hayes,
Executive Director, Presidential Advisory
Council on HIV/AIDS.

Dated: November 23, 2015.
David Clary,
Program Analyst, Office of Federal Advisory
Committee Policy.

[FR Doc. 2015–30260 Filed 11–27–15; 8:45 am]

[FR Doc. 2015–30230 Filed 11–27–15; 8:45 am]

BILLING CODE 4150–43–P

BILLING CODE 4140–01–P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES

DEPARTMENT OF HOMELAND
SECURITY

National Institutes of Health

Office of the Secretary

National Center for Advancing
Translational Sciences; Notice of
Meeting

[Docket No. DHS–2015–0077]

Pursuant to section 10(a) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of a meeting of the Cures
Acceleration Network Review Board.
The meeting will be open to the
public, viewing virtually by WebEx.
Individuals can register to view and
access the meeting by the link below.
https://nih.webex.com/nih/onstage/
g.php?MTID=e75f38f731121aa
e102c9a0e75cabdaf9
1. Go to ‘‘Event Status’’ on the left
hand side of page, then click ‘‘Register’’.
On the registration form, enter your
information and then click ‘‘Submit’’ to
complete the required registration.
2. You will receive a personalized
email with the live event link.
Name of Committee: Cures Acceleration
Network Review Board.
Date: December 11, 2015.
Time: 11:00 a.m. to 2:00 p.m.
Agenda: The CAN Review Board will meet
virtually to discuss updates regarding CAN
programs and next steps.
Place: National Institutes of Health, One
Democracy Plaza, 6701 Rockledge Drive,
Bethesda, MD 20892 (Virtual Meeting).
Contact Person: Anna L. Ramsey-Ewing,
Ph.D., Executive Secretary, National Center
for Advancing Translational Sciences, One
Democracy Plaza, Room 1072, Bethesda, MD
20892, 301–435–0809, anna.ramseyewing@
nih.gov.
This notice is being published less than 15
days prior to the meeting due to finalizing
the agenda and scheduling of meeting topics.
Any interested person may file written
comments with the committee by forwarding
the statement to the Contact Person listed on
this notice. The statement should include the
name, address, telephone number and when
applicable, the business or professional
affiliation of the interested person.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.859, Pharmacology,
Physiology, and Biological Chemistry
Research; 93.350, B—Cooperative
Agreements; 93.859, Biomedical Research
and Research Training, National Institutes of
Health, HHS)

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Privacy Act of 1974; Department of
Homeland Security U.S. Citizenship
and Immigration Services-010 Asylum
Information and Pre-Screening System
of Records
Department of Homeland
Security, Privacy Office.
ACTION: Notice 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
titled, ‘‘Department of Homeland
Security/U.S. Citizenship and
Immigration Services-010 Asylum
Information and Pre-Screening System
of Records.’’ This system of records
allows the Department of Homeland
Security/U.S. Citizenship Immigration
Services to collect and maintain records
pertaining to asylum applications,
credible fear and reasonable fear
screening processes, and applications
for benefits provided by section 203 of
the Nicaraguan Adjustment and Central
American Relief Act.
As a result of a biennial review of this
system, Department of Homeland
Security/U.S. Citizenship and
Immigration Services is updating this
system of records notice to: (1) Clarify
that data originating from this system of
records may be stored in a classified
network; (2) provide an updated system
location; (3) include follow-to-join
(derivative) asylum information as a
category of records; (4) expand the
categories of records for benefit
requestors, beneficiaries, derivatives,
accredited representatives (including
attorneys), form preparers, and
interpreters; (5) remove routine use K
because it was duplicative; (6) add two
new routine uses K and L to permit the
sharing of information with the
Departments of State and Health and
Human Services, respectively; (7)
update the retention schedules to
include additional systems; (8) add
name and date of birth combination and
receipt number to retrieve records; and

SUMMARY:

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Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices

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(9) update record source categories to
include accredited representatives
(including attorneys), interpreters,
preparers, and USCIS personnel.
Additionally, this notice includes nonsubstantive 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
December 30, 2015. This updated
system will be effective December 30,
2015.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2015–0077 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: Karen L. Neuman, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
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:
Karen L. Neuman, (202) 343–1717, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) U.S.
Citizenship and Immigration Services
(USCIS) proposes to update and reissue
a current DHS system of records titled,
‘‘DHS/USCIS–010 Asylum Information
and Pre-Screening System of Records.’’
As set forth in section 451(b) of the
Homeland Security Act of 2002,
Congress charged USCIS with the
administration of the asylum program,
which provides protection to qualified
individuals in the United States who
have suffered past persecution or have
a well-founded fear of future

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persecution in their country of origin as
outlined under Title 8, Code of Federal
Regulations (8 CFR) section 208. USCIS
is also responsible for adjudicating the
benefit program established by Section
203 of the Nicaraguan Adjustment and
Central American Relief Act (Pub. L.
105–100, hereinafter ‘‘NACARA’’), in
accordance with 8 CFR part 241, and
maintaining and administering the
credible fear and reasonable fear
screening processes, under 8 CFR
208.30 and 208.31.
Asylum
Every year people come to the United
States seeking protection because they
have suffered persecution or fear that
they will suffer persecution on account
of race, religion, nationality,
membership in a particular social group,
or political opinion. The two ways to
obtain asylum in the United States are
through the affirmative process and
defensive process. To obtain asylum, the
individual must be physically present in
the United States. An individual may
apply for affirmative asylum status
regardless of how he or she arrived in
the United States or his or her current
immigration status. An individual may
include his or her spouse and/or
unmarried children present in the
United States as derivatives on his or
her asylum application. A defensive
application for asylum occurs when an
individual requests asylum as a defense
against removal from the United States.
In defensive asylum cases, the
individual is currently in removal
proceedings in immigration court with
the Department of Justice’s Executive
Office for Immigration Review (EOIR).
USCIS is responsible for the
administration and adjudication of the
affirmative asylum process. Individuals
granted asylum status possess this status
indefinitely, may work in the United
States, may request derivative status for
immediate family members within two
years of the grant of asylum status, and
may apply for permanent residence after
one year.
Follow-to-Join or Derivative Asylum
Status
An individual who entered the United
States and was granted asylum status
within the past two years may petition
to have his or her spouse and/or
unmarried children ‘‘follow-to-join’’
him or her in the United Sates and
obtain derivative asylum status under 8
CFR 208.21. The derivatives may be in
the United States or outside the United
States.

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Nicaraguan Adjustment and Central
American Relief Act (NACARA Section
203)
Section 203 of NACARA applies to
certain individuals from Guatemala, El
Salvador, and the former Soviet bloc
countries (the Soviet Union or any
republic of the former Soviet Union,
such as Russia, Latvia, Lithuania,
Estonia, Albania, Bulgaria, the former
Czechoslovakia, the former East
Germany, Hungary, Poland, Romania, or
Yugoslavia or any state of the former
Yugoslavia) who entered the United
States and applied for asylum by
specified dates or registered for benefits.
Section 203 of NACARA allows
qualified individuals to apply for
suspension of deportation or for special
rule cancellation of removal under the
standards similar to those in effect
before the Illegal Immigration Reform
and Immigrant Responsibility Act of
1996. If granted, individuals receive
lawful permanent resident status.
Credible Fear Screenings
Section 235 of Immigration and
Nationality Act (INA), as amended, and
its implementing regulations provide
that certain categories of individuals are
subject to expedited removal without a
hearing before an immigration judge.
These include: arriving stowaways;
certain arriving aliens at ports of entry
who are inadmissible under section
212(a)(6)(C) of the INA (because they
have presented fraudulent documents or
made a false claim to USCIS or other
material misrepresentations to gain
admission or other immigration
benefits) or 212(a)(7) of the INA
(because they lack proper documents to
gain admission); and certain designated
aliens who have not been admitted or
paroled into the United States.
Individuals subject to expedited
removal who indicate an intention to
apply for asylum, express a fear of
persecution or torture, or a fear of return
to their home country are referred to
USCIS asylum officers to determine
whether they have a credible fear of
persecution or torture. Individuals
found to have a credible fear of
persecution or torture may apply for
asylum or withholding of removal as a
defense to removal before an
immigration judge.
Reasonable Fear Screenings
Sections 238(b) and 241(a)(5) of the
INA provide for streamlined removal
procedures that prohibit certain
individuals (i.e., subject to a final
administrative removal order under
section 238(b) or subject to
reinstatement of a prior order of

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Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices
exclusion, deportation, or removal
under section 241(a)(5) of the INA) from
contesting removability before an
immigration judge and from seeking any
relief from removal. If an individual
ordered removed under either section
238(b) or section 241(a)(5) of the INA
expresses a fear of return to the country
to which he or she has been ordered
removed, the case must be referred to a
USCIS asylum officer, who determines
whether the individual has a reasonable
fear of persecution or torture.
Individuals found to have a reasonable
fear of persecution or torture may seek
withholding or deferral of removal
before an immigration judge.
In order to carry out its statutory
obligations in administering these
benefit programs, USCIS has established
the Asylum Information and PreScreening System of Records to
facilitate every aspect of intake,
adjudication, and review of the
specified programs. The Asylum
Information and Pre-Screening System
records are used to track case status,
facilitate scheduling appointments,
issue notices throughout the process,
and generate decision documents. These
records are also used to initiate,
facilitate, and track security and
background check screening, and to
prevent the approval of any benefit prior
to the review and completion of all
security checks. Finally, these records
are used by USCIS to generate statistical
reports to assist with oversight of
production and processing goals.
Information contained in DHS/
USCIS–010 Asylum Information and
Pre-Screening is afforded the
confidentiality protections contained in
8 CFR 208.6, which strictly limits the
disclosure of information to third
parties. 8 CFR 208.6 specifically covers
the confidentiality of asylum applicants
and individuals in the credible fear and
reasonable fear screening processes.
Information may not be disclosed
without the written consent of the
applicant, except as permitted by 8 CFR
208.6 or at the discretion of the
Secretary of Homeland Security or the
Attorney General of the United States.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/USCIS–010 Asylum
Information and Pre-Screening 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 confidentiality

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provisions of 8 CFR 208.6 and with the
routine uses set forth in this system of
records notice. This updated system
will be included in DHS’s inventory of
record systems.
DHS/USCIS is updating this system of
records notice to: (1) Clarify that data
originating from this system of records
may be stored in a classified network;
(2) provide an updated system location;
(3) include follow-to-join (derivative)
asylum information as a category of
records; and (4) expand the categories of
records for benefit requestors,
beneficiaries, derivatives, accredited
representatives (including attorneys),
form preparers, and interpreters. The
categories of records for benefit
requestors, beneficiaries, and
derivatives are being updated to
include: date of birth; receipt number;
Social Security number; foreign
residency history; detention center
location; phone number; gender; place
of marriage; education history;
government identification number;
notices and communication; records
regarding membership or affiliation
with organizations; personal
background information; description of
foreign travel; supporting
documentation; and photographs. The
category of records for attorneys and
accredited representatives include:
name; law firm/recognized organization;
physical and mailing addresses; phone
and fax numbers; email address;
attorney bar card number or equivalent;
bar membership and accreditation date;
Board of Immigration Appeals
representative accreditation and
expiration date; law practice restriction
explanation; and signature. The category
of records for preparers and interpreters
is being updated to include: name;
organization name; business state ID
number; physical and mailing
addresses; email address; phone and fax
numbers; relationship to benefit
requestor; and signature.)
DHS/USCIS is also updating this
system of records to (1) remove routine
use K since it was duplicative of routine
use E; (2) add two new routine uses K
and L to permit the sharing of
information with the Departments of
State and Health and Human Services;
(3) update the retention schedules to
include additional systems; (4) add
name and date of birth combination and
receipt number to retrieve records; and
(5) update record source categories to
include accredited representatives
(including attorneys), interpreters,
preparers, and USCIS personnel.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a

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statutory framework governing the
means by which Federal Government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
USCIS–010 Asylum Information and
Pre-Screening 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)/U.S. Citizenship and Immigration
Services (USCIS)–010
SYSTEM NAME:

DHS/USCIS–010 Asylum Information
and Pre-Screening
SECURITY CLASSIFICATION:

Unclassified. The data originating
from this system may be retained on
classified DHS networks but this does
not change the nature and character of
the data until it is combined with
classified information.
SYSTEM LOCATION:

The operational information
technology (IT) systems that support the
Asylum Information Pre-Screening
System include: Refugees, Asylum, and
Parole System (RAPS), Asylum PreScreening System (APSS), Case and
Activity Management for International
Operations (CAMINO), and the
Computer Linked Information
Application Management System 3
(CLAIMS 3). Affirmative asylum and
cases under section 203 of NACARA
cases are processed in RAPS.
Reasonable fear and credible fear
screenings are processed in APSS.
Asylee Relative Petitions are processed
in CLAIMS 3 and CAMINO.
Records are maintained in the
respective USCIS case management
systems and associated electronic and
paper files located at USCIS

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Headquarters in Washington, DC and in
USCIS service centers, national records
center, asylum offices, and domestic
and international field offices. Records
are replicated from the operational
system and maintained on the DHS
unclassified and classified networks.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
Asylum Information and Pre-Screening
System include:
• Individuals covered by provisions
of section 208 of the INA, as amended,
who have applied with USCIS for
asylum on Form I–589 (Application for
Asylum and for Withholding of
Removal);
• The spouse and children of a
principal asylum applicant properly
included in an asylum application as
beneficiaries;
• Individuals who have applied for
suspension of deportation/special rule
cancellation of removal under section
203 of NACARA on Form I–881
(Application for Suspension of
Deportation or Special Rule
Cancellation of Removal (Pursuant to
section 203 of Public Law 105–100
(NACARA)));
• Individuals who were referred to a
USCIS asylum officer for a credible fear
or reasonable fear screening
determination under 8 CFR 208, Subpart
B, after having expressed a fear of return
to the intended country of removal
because of fear of persecution or torture,
during the expedited removal process
under 8 § U.S.C. 1225(b), the
administrative removal processes under
8 U.S.C. 1228(b) (removal of certain
aliens convicted of aggravated felonies),
or 8 U.S.C. 1231(a)(5) (reinstatement of
certain prior removal orders);
• Individuals who have petitioned for
follow-to-join (derivative) asylum status
for their spouse and children on Form
I–730 (Refugee/Asylee Relative
Petition); and
• Persons who complete asylum,
Section 203 of NACARA, or follow-tojoin applications, or participate in the
credible fear or reasonable fear
processes on behalf of the applicant
(e.g., attorneys, form preparers,
accredited representatives, and
interpreters).
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CATEGORIES OF RECORDS IN THE SYSTEM:

Information about benefit requestor,
beneficiaries, and family members
includes:
• Name;
• Alias names;
• Dates of birth;
• Alien number (A-number);
• Receipt Number;

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• Social Security number (if
available);
• Address/residence in the United
States;
• Foreign residence history;
• Detention location (if detained by
U.S. Immigration and Customs
Enforcement);
• Phone number;
• Gender;
• Marital status;
• Place of marriage;
• Date of birth;
• Country of birth;
• Country of nationality (or
nationalities);
• Ethnic origin;
• Religion;
• Port(s), date(s) of entry, and status
at entry(ies);
• Filing date of asylum, Section 203
of NACARA, or follow-to-join
application;
• Education history;
• Work history;
• Results of security checks;
• Languages spoken;
• Claimed basis of eligibility for
benefit(s) sought;
• Case status;
• Case history;
• Employment authorization
eligibility and application history;
• Government-issued identification
(e.g., passport):
Æ Document type;
Æ Issuing organization;
Æ Document number;
Æ Expiration date; or
Æ Benefit requested.
• Notices and communications,
including:
Æ Appointment notices;
Æ Receipt notices;
Æ Requests for evidence;
Æ Notices of Intent to Deny (NOID);
Æ Decision notices and assessments;
or
Æ Proofs of benefit.
• Records regarding organization
membership or affiliation;
• Personal background information
(e.g., arrests/detentions, involvement
with national security threats, criminal
offenses, persecution, 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);
• Tax records;
• Explanation/description of foreign
travel;
• Signature;
• Supporting documentation as
necessary (e.g., birth, marriage, and/or
divorce certificates, licenses,
explanatory statements, and unsolicited

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information submitted voluntarily by
the applicant or family members in
support of a benefit request);
• Photographs; and
• Criminal and national security
background check information.
Information about Attorneys,
Accredited Representatives, and Form
Prepares 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:
• Name;
• Organization;
• Business state ID number;
• Physical and mailing addresses;
• Email address;
• Phone and fax numbers;
• Relationship to benefit requestor;
and
• Signature.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Authority for maintaining this system
is in 8 U.S.C. 1101, 1103, 1158, 1225,
1228, and 1522.
PURPOSE(S):

The purpose of Asylum Information
and Pre-Screening System is to manage,
control, and track the following types of
adjudications:
A. Affirmative asylum applications
(Form I–589);
B. Applications filed with USCIS for
suspension of deportation/special rule
cancellation of removal pursuant to
Section 203 of NACARA (Form I–881);
C. Credible fear screening cases under
8 U.S.C. 1225(b)(1)(B);
D. Reasonable fear screening cases
under 8 CFR 208.31; and
E. Follow-to-join derivative asylum/
refugee cases (Form I–730) under 8 CFR
208.21.
DHS maintains a replica of some or all
of the data in the operating system on
unclassified and classified DHS
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.

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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 the
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 asylum or in credible fear
or reasonable fear processes.
Information in this system of records
contains information relating to persons
who have pending or approved asylum
applications, follow-to-join
applications, or in the credible fear or
reasonable fear process and should not
be disclosed pursuant to a routine use
unless disclosure is otherwise
permissible under 8 CFR 208.6. These
confidentiality provisions do not
prevent DHS from disclosing
information to the U.S. Department of
Justice and Offices of the U.S. Attorneys
as part of an ongoing criminal or civil
investigation. These provisions permit
disclosure to courts under certain
circumstances as well, as provided
under 8 CFR 208.6(c)(2). Subject to
these restrictions, DHS may disclose:
A. To the Department of Justice (DOJ),
including Offices of the U.S. 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 to the litigation or has an
interest in such litigation:
1. DHS or any Component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.

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E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations of 8 CFR
208.6 on disclosure as are applicable to
DHS officers and employees. 8 CFR
208.6 prohibits the disclosure to third
parties information contained in or
pertaining to asylum applications,
credible fear determinations, and
reasonable fear determinations except
under certain limited circumstances.
G. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, 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 as
limited by the terms and conditions of
8 CFR 208.6 and any waivers issued by
the Secretary pursuant to 8 CFR 208.6.
H. To any element of the U.S.
Intelligence Community, or any other
federal or state agency having a
counterterrorism function, provided that
the need to examine the information or
the request is made in connection with
its authorized intelligence or
counterterrorism function or functions
and the information received will be

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used for the authorized purpose for
which it is requested.
I. To other federal, state, tribal, and
local government agencies, foreign
governments, intergovernmental
organizations and other individuals and
organizations as necessary and proper
during the course of an investigation,
processing of a matter, or during a
proceeding within the purview of U.S.
or foreign immigration and nationality
laws, to elicit or provide information to
enable DHS to carry out its lawful
functions and mandates, or to enable the
lawful functions and mandates of other
federal, state, tribal, and local
government agencies, foreign
governments, or intergovernmental
organizations as limited by the terms
and conditions of 8 CFR 208.6 and any
waivers issued by the Secretary.
J. To a federal, state, tribal, or local
government agency or foreign
government 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 as limited by
the terms and conditions of 8 CFR 208.6
and any waivers issued by the Secretary
pursuant to 8 CFR 208.6.
K. To the Department of State for the
purpose of assisting in the processing of
petitions or applications for benefits
under the Immigration and Nationality
Act, and all other immigration and
nationality laws including treaties and
reciprocal agreements.
L. To the Department of Health and
Human Services (HHS), Office of
Refugee Resettlement (ORR) and the
Centers for Disease Control and
Prevention (CDC) to provide emergency
relief to qualified asylees, meet
congressional reporting requirements,
provide post-decisions services, and
generate statistical reports for allocating
funding for asylee social benefits.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

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

Records in this system are stored
electronically in the operational system
as well as on the unclassified and
classified network or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM. The records may be stored on
magnetic disc, tape, and digital media.

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Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices

RETRIEVABILITY:

Records may be retrieved by name
and date of birth, A-number, or 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. 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:

USCIS stores the physical documents
and supplemental documentation in the
Alien File and processes asylum,
NACARA and follow-to-join
applications, and credible fear or
reasonable fear determinations in the
respective case management system.
The A-File records are permanent
whether hard copy or electronic. USCIS
transfers the A-Files to the custody of
NARA 100 years after the individual’s
date of birth.
NARA approved the RAPS [N1–563–
04–06], APSS [N1–563–04–07],
CAMINO [N1–566–12–06] and CLAIMS
3 [N1–566–08–12] Retention Schedule.
RAPS, APSS, and CAMINO Master File
automated records are maintained for 25
years after the case is closed and then
destroyed. CLAIMS 3 records are
destroyed after the data is transferred to
the electronic master file and verified.
Information in the master file is
destroyed 15 years after the last
completed action with respect to the
benefit. USCIS is proposing to update
the CLAIMS 3 Retention Schedule to
destroy records 25 years after the last
completed action.
Records replicated on the unclassified
and classified networks will follow the
same retention schedule.

jstallworth on DSK7TPTVN1PROD with NOTICES

SYSTEM MANAGER AND ADDRESS:

The Chief of the Asylum Division,
Refugee, Asylum, and International
Operations Directorate, U.S. Citizenship
and Immigration Services, Suite 3300,
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

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Records Center (NRC) FOIA/PA Office,
P.O. Box 648010, Lee’s Summit, MO,
64064–8010. The NRC’s contact
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
Freedom of Information Act (FOIA)
Officer, Department of Homeland
Security, Washington, DC 20528–0655.
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 1–866–431–0486. In addition, you
should:
• Explain why you believe the
Department would have information on
you;
• Identify which Component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records;
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and 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 not only the records in the
operational system but also the records
that were replicated on the unclassified
and classified networks, and based on
this notice provide appropriate access to
the information.
RECORD ACCESS PROCEDURES:

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

See ‘‘Notification procedure’’ above.

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RECORD SOURCE CATEGORIES:

Records are obtained from the
applicant orhis or her accredited
representative, preparer, or interpreter.
Information contained in this system
may also be supplied by DHS, other U.S.
federal, state, tribal, or local government
agencies, foreign government agencies,
and international organizations. 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. Information from
other systems of records (or their
successor systems) such as Alien File,
Index, and National File Tracking
System of Records (DHS/USCIS/ICE/
CBP–001, 78 FR 69983, November 22,
2013); USCIS Benefits Information
System (BIS) (DHS/USCIS–007, 73 FR
56596, September 29, 2008); ICE
Removable Alien Records System (DHS/
ICE–011, 75 FR 23274, May 3, 2010);
U.S. Customs and Border Protection
(CBP) TECS (DHS/CBP–011, 73 FR
77778, December 19, 2008); DHS
Automated Biometric Identification
System (IDENT) (DHS/USVISIT–004, 72
FR 31080, June 5, 2007); Department of
Justice (DOJ) Records and Management
Information System (JUSTICE/EOIR–
001, 72 FR 3410, January 25, 2007;)
Department of Defense (DOD) Defense
Biometric Services, 74 FR 48237,
(September 22, 2009); DOD Detainee
Biometric Information System, 72 FR
14534, (March 28, 2007); and DOD
Defense Biometric Identification
Records System, 74 FR 17840, (April 17,
2009).
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: November 16, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2015–30270 Filed 11–27–15; 8:45 am]
BILLING CODE 9111–97–P

DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
[Docket No. TSA–2009–0018]

Intent To Request Renewal From OMB
of One Current Public Collection of
Information: Certified Cargo Screening
Program
Transportation Security
Administration, DHS.
ACTION: 60-day Notice.
AGENCY:

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