Dhs-uscis-007 Sorn

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72069

TABLE 1—ANNUALIZED ESTIMATE OF RESPONDENT BURDEN
Instrument

Number of
respondents

Number of
responses

Total number
of responses

Hours per
response

Total burden
hours

DTAC Customer Feedback
Survey.

200

1

200

0.5

100

Type of respondent
TA requestor, e-communications recipient, colleague of previous requestor.

Written comments and
recommendations concerning the
proposed information collection should
be sent by November 18, 2016 to the
SAMHSA Desk Officer at the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB). To ensure timely receipt of
comments, and to avoid potential delays
in OMB’s receipt and processing of mail
sent through the U.S. Postal Service,
commenters are encouraged to submit
their comments to OMB via email to:
[email protected].
Although commenters are encouraged to
send their comments via email,
commenters may also fax their
comments to: 202–395–7285.
Commenters may also mail them to:
Office of Management and Budget,
Office of Information and Regulatory
Affairs, New Executive Office Building,
Room 10102, Washington, DC 20503.
Summer King,
Statistician.
[FR Doc. 2016–25310 Filed 10–18–16; 8:45 am]
BILLING CODE 4162–20–P

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

Privacy Act of 1974; Department of
Homeland Security/United States
Citizenship and Immigration Services007 Benefit Information System,
System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act system of
records.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
update and reissue a current DHS
system of records titled, ‘‘DHS/United
States Citizenship and Immigration
Services (USCIS)-007 Benefit
Information System’’ system of records.
DHS/USCIS collects, uses, and
maintains the Benefit Information
System records to administer immigrant

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SUMMARY:

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or nonimmigrant benefit requests,
‘‘hereinafter collectively referred to as
‘‘benefit requests’’ ’’ to process and
adjudicate all benefit requests submitted
for naturalization, lawful permanent
residence, asylum, refugee status, and
other immigrant and nonimmigrant
benefits in accordance with U.S.
immigration law. DHS/USCIS also uses
the Benefit Information System to
support national security by preventing
individuals from fraudulently obtaining
immigration benefits and by denying
benefit requests submitted by
individuals who pose national security
or public safety threats. This system of
records notice was previously published
in the Federal Register on September
29, 2008, (73 FR 56596).
DHS/USCIS is updating this system of
records to: (1) Update the system
location to include international offices
and replicated copies on unclassified
and classified networks; (2) update the
category of individuals to include
interpreters, preparers, physicians, and
sponsors; (3) expand the categories of
records to clarify the data elements that
USCIS collects from benefit requestors,
beneficiaries, and family members’,
benefit sponsors; representatives;
preparers and interpreters; and
physicians; (4) separate routine use (N)
into two separate routine uses (i.e., (N),
(O)) to provide clarity on information
sharing with federal, state, tribal, or
local government agencies and foreign
government agencies for the repayment
of loans; (5) update routine uses (W),
(X), (Y), and (Z) to permit the sharing of
information pursuant to a Computer
Matching Agreement or other
agreement, with the Department of
Labor, with the public during the course
of naturalization ceremonies, and with
the Department of Treasury,
respectively; (6) update retention
schedules for each record type; (7)
expand data elements used to retrieve
records from the elements listed or a
combination thereof; (8) update sources
of records to include interpreters,
preparers, and physicians; and (9)
expand the system classification to
provide notice that Benefit Information
System records may be stored on both
DHS unclassified and classified
networks to allow for analysis and

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vetting consistent with existing DHS/
USCIS authorities and purposes and this
published notice. Additionally, this
notice includes non-substantive changes
to simplify the formatting and text of the
previously published notice.
This updated system will be included
in the Department of Homeland
Security’s inventory of record systems.
DATES: Submit comments on or before
November 17, 2016. This updated
system will be effective November 17,
2016.
You may submit comments,
identified by docket number DHS–
2016–0043 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
INSTRUCTIONS: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
DOCKET: For access to the docket to read
background documents or comments
received, please visit http://
www.regulations.gov.
ADDRESSES:

For
general questions, please contact:
Donald K. Hawkins, (202) 272–8000,
Privacy Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts
Avenue NW., Washington, DC 20529.
For privacy questions, please contact:
Jonathan R. Cantor, (202) 343–1717,
Acting Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) United States
Citizenship and Immigration Services
(USCIS) proposes to update and reissue
a current DHS system of records titled,

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‘‘DHS/USCIS–007 Benefit Information
System’’ system of records.
DHS/USCIS oversees lawful
immigration and non-immigration to the
United States and is responsible for the
administration of immigration, nonimmigration, and naturalization
adjudication functions and for
establishing immigration policies and
priorities. In executing its mission,
DHS/USCIS performs functions that
include the intake, review, and
adjudication of the following types of
benefits:
(1) Family-Based; 1
(2) Employment-Based; 2
(3) Humanitarian-Based; 3
(4) Adoption-Based; 4 and
(5) Citizenship and NaturalizationBased.5
The Benefits Information System
SORN covers the processing of
immigrant and nonimmigrant benefit
requests and does not cover requests for
asylum and refugee status. The Benefits
Information System includes:
Information provided by or on behalf of
individuals who submit immigrant and
nonimmigrant benefit requests;
background check results collected as
part of the USCIS-initiated background
check process; and transactional data
that indicates which steps of the
adjudication process have been
completed, such as an appointment to
submit biometrics for a background
check, other pending benefits, whether
the benefit requestor may have engaged
in fraudulent activity, or activities that
adversely impact the national security
or public safety of the United States that
could bear on fitness or eligibility for
the requested benefits.
Records covered by this Benefit
Information System (BIS) SORN differ
1 An individual may petition for relatives (or
future relatives such as a fiance´(e) or a prospective
adopted child) to immigrate to the United States.
2 All foreign workers must obtain permission to
work legally in the United States. Each employment
category for admission has different requirements,
conditions, and authorized periods of stay. USCIS
offers the following employment-based categories:
Temporary (nonimmigrant) worker, permanent
workers, students and exchange visitors, and
temporary visitors for business.
3 USCIS provides a number of humanitarian
programs and protection to assist individuals in
need of shelter or aid from disasters, from
oppression, for emergency medical issues, and for
other urgent circumstances, including: Asylum;
refugee; parole; deferred action; temporary
protective status; battered spouse, children, and
parents; and victims of human trafficking and other
crimes.
4 USCIS is responsible for determining the
eligibility and suitability of the Prospective
Adoptive Parents (individuals) looking to adopt and
determining the eligibility of the child to immigrate
to the United States.
5 Naturalization is the manner in which a person
not born in the United States voluntarily becomes
a U.S. citizen.

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from records covered by the Alien File
(A-File), Index, and National File
Tracking SORN (see DHS/USCIS/ICE/
CBP–001 Alien File, Index, and
National File Tracking System of
Records, November 21, 2013, 78 FR
69864). The A-File is the official record
regarding the transactions of an
individual as he or she passes through
the U.S. immigration and inspection
process. The A-File contains
information relating to immigration
benefits processing, protection of
national security, and administering and
enforcing immigration and nationality
laws and related statutes. While USCIS
is the custodian of the A-File, the three
former Immigration and Naturalization
Service (INS) agencies: USCIS, U.S.
Customs and Border Protection (CBP),
and U.S. Immigrations and Customs
Enforcement (ICE), all contribute
information to and use A-Files. The AFile SORN covers the paper and
electronic copy A-File and/or Receipt
File, supplemental forms, supplemental
evidence, and identity history
summaries (formally known as RAP
sheets), but does not include all case
processing and decisional data. The BIS
SORN is specific to USCIS’ collection,
use, maintenance, dissemination, and
storage of benefit request information,
including case processing and
decisional data not included in the Afile. USCIS records case processing
information such as date USCIS
received or filed benefit requests;
benefit request status; location of record;
other control number when applicable;
fee receipt data; status of USCIS
appointments and interviews; date of
issuance of a notice; and whether the
benefit request form was referred to the
Fraud Detection and National Security
Directorate for review. Decisional data
such as approval/denial code is also
stored in the BIS SORN.
USCIS is updating this system of
records to (1) update system location to
include international offices; (2) update
category of individuals covered by this
SORN, to include interpreters,
preparers, and physicians, and
sponsors; (3) expand the categories of
records to clarify the data elements that
USCIS collects from benefit requestors,
beneficiaries, and family members;
benefit sponsors; representatives;
preparers and interpreters; and
physicians; (4) separate routine use (N)
has been separated into two separate
routine uses (i.e., (N), (O)) to provide
clarity on information sharing of
information with federal, state, tribal, or
local government agencies and foreign
government agencies for the,
respectively, in collecting the

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repayment of loans; later routine uses
are being re-lettered for formatting; (5)
update routine uses (W), (X), (Y), and
(Z) to permit the sharing of information
pursuant to a Computer Matching
Agreement or other agreement, with the
Department of Labor, with the public
during the course of naturalization
ceremonies, and with the Department of
Treasury, respectively; (6) update
retention schedules for each record
type; (7) expand data elements used to
retrieve records from the elements listed
or a combination thereof; (8) update
sources of records to include
interpreters, preparers, and physicians;
(9) expand the system classification to
provide notice that Benefit Information
System records may be stored on both
DHS unclassified and classified
networks to allow for analysis and
vetting consistent with existing DHS/
USCIS authorities and purposes and this
published notice. Furthermore, this
notice includes non-substantive changes
to simplify the formatting and text of the
previously published notice.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/USCIS–007 Benefit
Information System may be shared with
other DHS components that have a need
to know the information to carry out
their national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, DHS/USCIS may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
Even when a valid routine use permits
disclosure of information from this
system of records to a third party, in
some cases such disclosure may not be
permissible because of confidentiality
laws and policies that limit the sharing
of information regarding individuals
applying for certain immigration or nonimmigration benefits.
This updated system will be included
in DHS’s inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which federal government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the

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individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
USCIS–007 Benefit Information System
System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
SYSTEM OF RECORDS

DEPARTMENT OF HOMELAND SECURITY
(DHS)/UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES (USCIS)–007
SYSTEM NAME:

DHS/USCIS–007 Benefit Information
System.
SECURITY CLASSIFICATION:

Unclassified, Sensitive, For Official
Use Only. The data may be retained on
classified networks, but this does not
change the nature and character of the
data until it is combined with classified
information.
SYSTEM LOCATION:

Records are maintained in DHS/
USCIS information technology (IT)
systems (e.g., Computer Linked
Application Information Management
System (CLAIMS) 3, CLAIMS 4,
Adoptions Case Management System,
Case and Activity Management for
International Operations) and associated
electronic and paper files located at
USCIS Headquarters in Washington, DC
and in DHS/USCIS service centers and
domestic and international field offices.
Records are replicated from the
operational DHS/USCIS IT systems and
maintained on DHS unclassified and
classified networks.

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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include (1) persons who
have filed, for themselves or on the
behalf of others (benefit requestors and
beneficiaries), benefit requests for
immigration benefits under the
Immigration and Nationality Act as
amended, and/or who have submitted
fee payments or received refunds from
such benefit requests; (2) current,
former, and potential derivatives of
benefit requestors (family members); (3)
sponsors (e.g., employers, law
enforcement officers, individuals); (4)
attorneys and representatives

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recognized by USCIS and/or accredited
by the Board of Immigration Appeals
(Representatives); (5) interpreters; (6)
individuals who assist in the
preparation of the benefit request
(Preparers); (7) individuals who make
fee payments on behalf of the benefit
requestor; and (8) physicians who
conduct immigration related medical
examinations.
CATEGORIES OF RECORDS IN THE SYSTEM:

Information about benefit requestor,
beneficiaries, and family members may
include:
• Full Name;
• Alias(es);
• Physical and Mailing Addresses;
• A-Number;
• USCIS Online Account Number;
• Social Security number (SSN);
• Date of birth and/or Death;
• Nationality;
• Country of Citizenship;
• Place of birth;
• Gender;
• Marital status;
• Military status;
• Phone and fax numbers;
• Email address;
• Immigration status;
• Government-issued identification
(e.g., passport, drivers’ license):
Æ Document type;
Æ Issuing organization;
Æ Document number;
Æ Expiration date;
Æ Benefit requested;
• Notices and communications,
including:
Æ Receipt notices;
Æ Requests for Evidence;
Æ Notices of Intent to Deny;
Æ Proofs of benefit;
• Signature;
• Benefit request fee payment
information (e.g., credit card number,
Pay.gov Payment Tracking Number);
and
• Audio-visual recordings, including
interviews and naturalization
ceremonies.
Benefit-specific eligibility information
about benefit requestor, beneficiaries,
and family members may include:
• Other unique identifying numbers
(e.g., Department of State (DOS)-Issued
Personal Identification Number, ICE
Student and Exchange Visitor Number,
USCIS E-Verify Company Identification
Number);
• Arrival/Departure Information;
• Immigration history (e.g.,
citizenship/naturalization certificate
number, removals, explanations);
• Family relationships (e.g., parent,
spouse, sibling, child, other dependents)
and Relationship Practices (e.g.,
polygamy, custody, guardianship);

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

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

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• Type of Degree/License (i.e.,
medical doctor, doctor of osteopathy, or
clinical psychologist);
• Type of medical practice;
• Examination dates of the benefit
requestor;
• Clinical methods used to diagnose
benefit requestor;
• Email address; and
• Signature.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

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

The purpose of this system is to
permit USCIS’ collection, use,
maintenance, dissemination, and
storage of paper and electronic benefit
request information, including case
processing and decisional data not
included in the A–File SORN (DHS/
USCIS/ICE/CBP–001 Alien File, Index,
and National File Tracking System of
Records, November 21, 2013, 78 FR
69864). These records assist in the
processing of immigrant and
nonimmigrant benefit requests from the
time when USCIS collects the
information from the benefit requestor
until the case reaches a final decision in
the relevant case management system.
This system of records does not cover
requests for asylum or refugee status.
This system of records notice enables
DHS/USCIS to process benefit requests
electronically; determine the status of
pending benefit requests; account for
and control the receipt and disposition
of any fees and refunds collected;
conduct searches pursuant to Freedom
of Information Act (FOIA) and Privacy
Act requests; and locate related physical
and automated files to support DHS/
USCIS responses to inquiries about
these records.
DHS/USCIS maintains a replica of
some or all of the data in the operating
system on DHS unclassified and
classified networks to allow for analysis
and vetting consistent with the above
stated purposes and this published
notice.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3). Even

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when a valid routine use permits
disclosure of information from this
system of records to a third party, in
some cases such disclosure may not be
permissible because of confidentiality
laws and policies that limit the sharing
of information regarding individuals
applying for certain immigration or nonimmigration benefits.
Information in this system of records
contains information relating to persons
who have pending or approved benefit
requests for special protected classes
and should not be disclosed pursuant to
a routine use unless disclosure is
otherwise permissible under the
confidentiality statutes, regulations, or
policies applicable to that information.
For example, information relating to
persons who have pending or approved
benefit requests for protection under the
Violence Against Women Act, Seasonal
Agricultural Worker or Legalization
claims, the Temporary Protected Status
of an individual, and information
relating to nonimmigrant visas protected
under special confidentiality provisions
should not be disclosed pursuant to a
routine use unless disclosure is
otherwise permissible under the
confidentiality statutes, regulations, or
policies applicable to that information.
These confidentiality provisions do not
prevent DHS from disclosing
information to the U.S. Department of
Justice (DOJ) and Offices of the United
States Attorney as part of an ongoing
criminal or civil investigation.
A. To the DOJ, including Offices of
the United States Attorneys, or other
federal agency conducting litigation or
in proceedings before any court,
adjudicative, or administrative body,
when it is relevant or necessary to the
litigation and one of the following is a
party of the litigation or has an interest
in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or

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oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’ efforts to respond
to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation, enforcing, or
implementing a law, rule, regulation, or
order, when a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To clerks and judges of courts
exercising naturalization jurisdiction for
the purpose of filing applications for
naturalization and to enable such courts
to determine eligibility for
naturalization or grounds for revocation
of naturalization.
I. To the Department of State for the
purpose of assisting in the processing of
benefit requests under the Immigration
and Nationality Act, and all other
immigration and nationality laws
including treaties and reciprocal
agreements.

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J. To appropriate Federal, State, tribal,
and local government law enforcement
and regulatory agencies, foreign
governments, and international
organizations, as well as to other
individuals and organizations during
the course of an investigation by DHS or
the processing of a matter under DHS
jurisdiction, or during a proceeding
within the purview of the immigration
and nationality laws, when DHS deems
that such disclosure is necessary to
carry out its functions and statutory
mandates to elicit information required
by DHS to carry out its functions and
statutory mandates.
K. To an appropriate Federal, State,
local, tribal, foreign, or international
agency, if the information is relevant
and necessary to a requesting agencies
decision concerning the hiring or
retention of an individual, or issuance
of a security clearance, license, contract,
grant, or other benefit, or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant, or other benefit and
when such disclosure is appropriate to
the proper performance of the official
duties of the person making the request.
L. To the Office of Management and
Budget in connection with the review of
private relief legislation as set forth in
OMB Circular No. A–19 at any stage of
the legislative coordination and
clearance process as set forth in the
Circular.
M. To an attorney or representative
(as defined in 8 CFR 1.1(j)) who is acting
on behalf of an individual covered by
this system of records in connection
with any proceeding before DHS/USCIS
or the Executive Office for Immigration
Review.
N. To a federal, state, tribal, or local
government agency to assist such
agencies in collecting the repayment of
loans, fraudulently or erroneously
secured benefits, grants, or other debts
owed to them or to the United States
Government, or to obtain information
that may assist USCIS in collecting
debts owed to the United States
Government.
O. To a foreign government to assist
such government in collecting the
repayment of loans, fraudulently or
erroneously secured benefits, grants, or
other debts owed to it, provided that the
foreign government in question:
1. Provides sufficient documentation
to establish the validity of the stated
purpose of its request; and
2. Provides similar information to the
United States upon request.

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P. To a coroner for purposes of
affirmatively identifying a deceased
individual (whether or not such
individual is deceased as a result of a
crime).
Q. Consistent with the requirements
of the Immigration and Nationality Act,
to the Department of Health and Human
Services (HHS), the Centers for Disease
Control and Prevention (CDC), or to any
State or local health authorities, to:
1. Provide proper medical oversight of
DHS-designated civil surgeons who
perform medical examinations of both
arriving foreign nationals and of those
requesting status as a lawful permanent
resident; and
2. To ensure that all health issues
potentially affecting public health and
safety in the United States are being or
have been, adequately addressed.
R. To a federal, state, or local
government agency seeking to verify or
ascertain the citizenship or immigration
status of any individual within the
jurisdiction of the agency for any
purpose authorized by law.
S. To the Social Security
Administration (SSA) for the purpose of
issuing a Social Security number and
card to an alien who has made a request
for a Social Security number as part of
the immigration process and in
accordance with any related agreements
in effect between the SSA, DHS, and the
Department of State entered into
pursuant to 20 CFR 422.103(b)(3);
422.103(c); and 422.106(a), or other
relevant laws and regulations.
T. To a former employee of DHS, in
accordance with applicable regulations,
for purposes of responding to an official
inquiry by a federal, state, or local
government entity or professional
licensing authority; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes when the Department requires
information or consultation assistance
from the former employee regarding a
matter within that persons former area
of responsibility.
U. To an individual’s prospective or
current employer to the extent necessary
to determine employment eligibility (for
example, pursuant to the Form I–140,
Immigrant Petition for Alien Worker).
V. To a federal, state, or local agency,
or other appropriate entities or
individuals, or through established
liaison channels to selected foreign
governments, in order to provide
intelligence, counterintelligence, or
other information for the purposes of
intelligence, counterintelligence, or
antiterrorism activities authorized by
U.S. law, or Executive Order.

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Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices

W. To approved federal, state, and
local government agencies that grant
public benefits, licenses, grants,
governmental credentials, or any other
statutorily authorized purpose when the
immigration status of the benefit
applicant is legally required and an
approved Memorandum of Agreement
or Computer Matching Agreement
(CMA) is in place between DHS and the
entity.
X. To the Department of Labor for
enforcement of labor certification
violations and violations of U.S. labor
laws.
Y. To the news media and the public
during the course of naturalization
ceremonies administered by USCIS or
an Immigration Judge. Pursuant to 8
CFR 337.2 individuals to be naturalized
are generally required to appear in a
public ceremony, unless an appearance
is specifically excused.
Z. To the Department of Treasury to
perform initial processing of benefit
requests and to accept and resolve
payment and any related issues.
AA. To the news media and the
public, with the approval of the Chief
Privacy Officer in consultation with
counsel, when there exists a legitimate
public interest in the disclosure of the
information, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute an unwarranted invasion of
personal privacy.

sradovich on DSK3GMQ082PROD with NOTICES

DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

Through the ICE Financial
Operations—Burlington at DHS,
Benefits Information Systems
information may be shared with credit
reporting agencies. The primary mission
of the ICE Financial Operations—
Burlington is to collect debts resulting
from an individual’s participation in
DHS benefits programs. USCIS may
share Benefits Information System
information with the ICE Financial
Operations—Burlington regarding fees
charged during the various benefit
requests processes to ensure collection
of debts.
Pursuant to 5 U.S.C. 552a(b)(12), the
Department of Treasury Financial
Management Service, on behalf of
USCIS, may disclose to consumer
reporting agencies in accordance with
the provision of 15 U.S.C. 1681, et seq.
or the Federal Claims Collection Act of

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1966 as amended (31 U.S.C. 3701, et
seq.). The purpose of this disclosure is
to aid in the collection of outstanding
debts owed to the Federal Government,
typically, to provide an incentive for
debtors to repay delinquent Federal
Government debts by making these part
of their credit records.
Disclosure of records is limited to the
individual’s name, address, EIN/SSN,
and other information necessary to
establish the individual’s identity; the
amount, status, and history of the claim;
and the agency or program under which
the claim arose. The disclosure will be
made only after the procedural
requirements of 31 U.S.C. 3711(e) have
been followed.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

DHS/USCIS stores records in this
system electronically in the operational
IT systems (such as CLAIMS 3 and
CLAIMS 4), including on DHS
unclassified and classified networks, or
on paper in secure facilities in a locked
drawer or behind a locked door. The
records may be stored on magnetic disc,
tape, within cloud service providers,
and digital media.
RETRIEVABILITY:

Records may be retrieved by any of
the data elements listed above or a
combination thereof. This may include,
but is not limited to, name, date of birth,
Alien Number, SSN, USCIS Online
Account Number, and Receipt Number.
SAFEGUARDS:

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

DHS/USCIS stores the physical
documents (paper forms) and
supplemental documentation in the
Alien File and processes benefit
requests in the respective DHS/USCIS
case management system. The A-File
records are permanent whether hard
copy or electronic. DHS/USCIS transfers
the A-Files to the custody of NARA 100
years after the individual’s date of birth.

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Electronic benefits information is
archived and disposed of in accordance
with NARA-approved retention
schedule for the respective USCIS
systems.
• Electronic data pertaining to
applications for naturalization will be
deleted 15 years after the processing of
the benefit being sought is completed.
Information in the master file is
destroyed 15 years after the last
completed action with respect to the
application.
• Electronic records pertaining to
benefits other than naturalization
completed by benefit requestors
domestically are destroyed after the data
is transferred to the electronic master
file and verified. Information in the
master file is destroyed 50 years after
the last completed action with respect to
the benefit.
• Electronic records pertaining to
benefits requests other than
naturalization and are completed by
benefit requestors internationally are
destroyed after the data is transferred to
the electronic master file and verified.
Information in the master file is
destroyed 25 years after the last
completed action with respect to the
benefit.
• Electronic notices and
communications associated with a
benefit request, to include Approval or
Denial letters, Requests for Evidence,
Notices of Intent to Deny, Appeal/
Motion Responses, etc. are retained for
13 years after the last completed action
with respect to the benefit.
• Electronic appointments with
USCIS are maintained for 60 days after
the date of the appointment.
• Daily reports generated by
associated information technology
systems are maintained in accordance
with the respective retention schedule
and then destroyed.
Records replicated on the unclassified
and classified networks for analysis and
vetting will follow the same retention
schedule.
SYSTEM MANAGER AND ADDRESS:

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

Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the National
Records Center, Freedom of Information

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sradovich on DSK3GMQ082PROD with NOTICES

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices
Act (FOIA)/Privacy Act (PA) Office, P.O.
Box 648010, Lee’s Summit, MO 64064–
8010. Specific FOIA information can be
found at http://www.dhs.gov/foia under
‘‘Contacts.’’ If an individual believes
more than one component maintains
Privacy Act records concerning him or
her, the individual may submit the
request to the Chief Privacy Officer and
Chief FOIA Officer, Department of
Homeland Security, 245 Murray Drive
SW., Building 410, STOP–0655,
Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
FOIA Officer, http://www.dhs.gov/foia
or 1–866–431–0486. 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 the records in the operational
system and coordinate with DHS to
address access to records on the DHS
unclassified and classified networks.
RECORD ACCESS PROCEDURES:

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

See ‘‘Notification procedure’’ above.

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RECORD SOURCE CATEGORIES:

EXEMPTIONS CLAIMED FOR THE SYSTEM:

DHS/USCIS obtains records from the
benefit requestor, his or her
Representative, Physician, Preparer, or
Interpreter. DHS/USCIS personnel may
input information as they process a
case, including information from
internal and external sources to verify
whether a benefit requestor or family is
eligible for the benefit requested. BIS
also stores and uses information from
the following USCIS, DHS, and other
federal agency systems of records:
• DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records, 78 FR 69864
(November 21, 2013);
• DHS/USCIS–002 Background Check
Service, 72 FR 31082 (June 5, 2007);
• DHS/USCIS–003 Biometric Storage
System, 72 FR 17172 (April 6, 2007);
• DHS/USCIS–005 Inter-Country
Adoptions Security 72 FR 31086 (June
5, 2007);
• DHS/USCIS–006 Fraud Detection
and National Security Records (FDNS)
77 FR 47411 (August 8, 2012);
• DHS/USCIS–010 Asylum
Information and Pre-Screening, 75 FR
409 (January 5, 2010);
• DHS/CBP–011 U.S. Customs and
Border Protection TECS, 73 FR 77778
(December 19, 2008);
• DHS/ICE–001 Student and
Exchange Visitor Information System,
75 FR 412 (January 5, 2010);
• DHS/ICE–011 Immigration and
Enforcement Operational Records
System (ENFORCE), 80 FR 24269 (April
30, 2015);
• DHS/CBP–021 Arrival and
Departure Information System (ADIS),
80 FR 72081 (November 18, 2015);
• DHS/NPPD–004 DHS Automated
Biometric Identification System
(IDENT), 72 FR 31080 (June 5, 2007);
• JUSTICE/EOIR–001 Records and
Management Information System, 72 FR
3410 (January 25, 2007);
• JUSTICE/FBI–002 The FBI Central
Records System, 72 FR 3410 (January
25, 2007);
• JUSTICE/FBI–009 Fingerprint
Identification Records System (FIRS), 72
FR 3410 (January 25, 2007);
• DOL/ETA–7 Employer Application
and Attestation File for Permanent and
Temporary Alien Workers, 77 FR 1728,
(January 10, 2012);
• STATE–05 Overseas Citizens
Services Records, 73 FR 24343 (May 2,
2008);
• STATE–26 Passport Records, 76 FR
34966 (July 6, 2011);
• STATE–39 Visa Records, 77 FR
65245 (October 25, 2012); and
• TREASURY/FMS–017 Collections
Records, 74 FR 23006 (May 15, 2009).

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None.
Dated: October 5, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–25192 Filed 10–18–16; 8:45 am]
BILLING CODE 9111–97–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2016–0047]

Privacy Act of 1974; Department of
Homeland Security/United States
Citizenship and Immigration Services–
017 Refugee Case Processing and
Security Screening Information System
of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act system of
records.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
establish a new Department of
Homeland Security system of records
titled, ‘‘DHS/United States Citizenship
and Immigration Services (USCIS)–017
Refugee Case Processing and Security
Screening Information’’ system of
records. DHS/USCIS collects, uses, and
maintains records on individuals
seeking refugee status.
This newly established system will be
included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
November 18, 2016. This new system
will be effective November 18, 2016.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2016–0047 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
SUMMARY:

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