Privacy Act of 1974; United States Citizenship and Immigration Services-008 Refugee Access Verification Unit System of Records., 77795-77798 [E8-29837]
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or 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 individual who
relies 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, 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, where 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 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.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically 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.
RETRIEVABILITY:
Records are retrieved by individual’s
name, business’ name, addresses,
telephone number, account number, or
order number.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated system
security 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.
77795
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 Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Specify when you believe the
records would have been created,
• 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 this bulleted information the
FEMA 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.
RETENTION AND DISPOSAL:
Flood plain Management Files end at
the close of each fiscal year, retired to
the Federal Record Center, and
destroyed ten years after cutoff, in
accordance with FEMA Records
Schedule N1–311–02–01, Item 4. Files
generated in processing flood insurance
policies under the continuing National
Flood Insurance Program end when file
becomes inactive and destroyed five
years after cutoff, in accordance with
FEMA Records Schedule N1–311–86–1,
Item 1A13a(2).
CONTESTING RECORD PROCEDURES:
SYSTEM MANAGER AND ADDRESS:
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29812 Filed 12–18–08; 8:45 am]
Administrator, Federal Insurance and
Mitigation Administration, Federal
Emergency Management Agency
Headquarters, 500 C Street, SW.,
Washington, DC 20472.
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Individual’s who apply for and
individuals who are insured under the
National Flood Insurance Program,
Write-Your-Own companies, flood
insurance agents and lenders, and
individuals who request information on
the National Flood Insurance Program.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
BILLING CODE 4410–10–P
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 FEMA’s FOIA
Officer, 500 C Street, SW., Attn: FOIA
Coordinator, Washington, DC 20472.
When seeking records about yourself
from this system of records or any other
FEMA 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,
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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0162]
Privacy Act of 1974; United States
Citizenship and Immigration
Services—008 Refugee Access
Verification Unit System of Records.
AGENCY:
E:\FR\FM\19DEN1.SGM
Privacy Office; DHS.
19DEN1
77796
Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
ACTION: Notice of Privacy Act system of
records.
SUMMARY: In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of records notices, the
Department of Homeland Security is
giving notice that it proposes to update
and reissue the following legacy record
system, Justice/INS–006 Refugee Access
Verification Unit Records, December 26,
2002, as a Department of Homeland
Security U.S. Citizenship and
Immigration Services system of records
titled, U.S. Citizenship and Immigration
Services Refugee Access Verification
Unit System of Records.
The identification of potential
refugees and the initial processing of
potential refugees is performed by the
Department of State, outside of the
United States, and information
associated with this process is captured
in the Department of States’ Worldwide
Refugee Processing System. Although
the Department of Homeland Security
U.S. Citizenship and Immigration
Services has limited access to the
system, it does not belong to
Department of Homeland Security U.S.
Citizenship and Immigration Services.
There are four categories of fact patterns
under which an individual can become
eligible for resettlement in the United
States as a refugee. The Department of
Homeland Security U.S. Citizenship and
Immigration Services has a separate
system that contains information related
to only one of these categories, which is
when a family member in the United
States files an Affidavit of Relationship.
Information related to the other three
categories is initially captured in the
Department of States’ Worldwide
Refugee Processing System and then in
the Department of Homeland Security
U.S. Citizenship and Immigration
Services’ DHS–USCIS–001 A-File
system (72 FR 1755 January 16, 2007)
after the individual comes to the United
States. In addition, information related
to individuals for whom Affidavits of
Relationships have been filed may also
be captured in Department of Homeland
Security U.S. Citizenship and
Immigration Services’ DHS–USCIS–007
Benefits Information System (73 FR
56596, September 29, 2008) as the
applicant seeks to adjust his or her
status.
Categories of individuals, categories
of records and routine uses and purpose
of this legacy system of records notice
have been updated to better reflect the
United States Citizenship and
Immigration Services’ Refugee Access
Verification Unit records. Additionally,
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17:29 Dec 18, 2008
Jkt 217001
authorities for maintenance of the
system, retention and disposal, and
system manager have been updated to
reflect the systems current operations.
This updated system of records notice
will be included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Written comments must be
submitted on or before January 20, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0162 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, 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 and may be read at
https://www.regulations.gov, including
any personal information provided.
• Docket: For access to the docket, to
read background documents, or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact Donald
K. Hawkins (202–272–8404), Privacy
Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts
Avenue, NW., Washington, DC 20529.
For privacy issues please contact Hugo
Teufel III (703–235–0780), Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the
Homeland Security Act of 2002, Public
Law 107–296, Section 1512, 116 Stat.
2310 (November 25, 2002), the
Department of Homeland Security
(DHS) and the U.S. Citizenship and
Immigration Services (USCIS) have
relied on preexisting Privacy Act
systems of records notices for the
collection and maintenance of records
handled by USCIS Refugee Access
Verification Unit (RAVU).
As part of its efforts to streamline and
consolidate its record systems, DHS is
updating and reissuing a USCIS system
of records under the Privacy Act (5
U.S.C. 552a) that deals with storing and
reporting the results of the Affidavit of
Relationship (AOR) review for refugee
applicants. This record system allows
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Frm 00206
Fmt 4703
Sfmt 4703
DHS/USCIS to collect and preserve the
records regarding the processing of
AORs for potential refugee applicants.
The collection and maintenance of this
information will assist DHS/USCIS in
accomplishing the following three
functions: (1) Issuing its findings to the
Department of State (DOS) in
furtherance of the DOS’ onward
processing outside of the United States;
(2) to permit the return of the AOR to
the anchor relative due to a finding of
ineligibility and; (3) to assist USCIS in
tracking statistics regarding findings of
fraud.
In accordance with the Privacy Act of
1974 and as part of the Department of
Homeland Security’s ongoing effort to
review and update legacy system of
records notices, the Department of
Homeland Security is giving notice that
it proposes to update and reissue the
following legacy record system, Justice/
INS–006 Refugee Access Verification
Unit Records, December 26, 2002, as a
Department of Homeland Security U.S.
Citizenship and Immigration Services
system of records titled, U.S.
Citizenship and Immigration Services
Refugee Access Verification Unit
System of Records.
The identification of potential
refugees and the initial processing of
potential refugees is performed by the
Department of State, outside of the
United States, and information
associated with this process is captured
in the Department of States’ Worldwide
Refugee Processing System. Although
the Department of Homeland Security
U.S. Citizenship and Immigration
Services has limited access to the
system, it does not belong to
Department of Homeland Security U.S.
Citizenship and Immigration Services.
There are four categories of fact patterns
under which an individual can become
eligible for resettlement in the United
States as a refugee. The Department of
Homeland Security U.S. Citizenship and
Immigration Services has a separate
system that contains information related
to only one of these categories, which is
when a family member in the United
States files an Affidavit of Relationship.
Information related to the other three
categories is initially captured in the
Department of States’ Worldwide
Refugee Processing System and then in
the Department of Homeland Security
U.S. Citizenship and Immigration
Services’ DHS–USCIS–001 A-File
system (72 FR 1755, January 16, 2007)
after the individual comes to the United
States. In addition, information related
to individuals for whom Affidavits of
Relationships have been filed may also
be captured in Department of Homeland
Security U.S. Citizenship and
E:\FR\FM\19DEN1.SGM
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
Immigration Services’ DHS–USCIS–007
Benefits Information System (73 FR
56596, September 29, 2008) as he or she
seeks to adjust his or her status.
Categories of individuals, categories
of records and routine uses and purpose
of this legacy system of records notice
have been updated to better reflect the
United States Citizenship and
Immigration Services’ Refugee Access
Verification Unit records. Additionally,
authorities for maintenance of the
system, retention and disposal, and
system manager have been updated to
reflect the systems current operations.
This updated system of records notice
will be included in the Department of
Homeland Security’s inventory of
record systems.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates 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
for 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
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR part 5.
In addition, information pertaining to
an individual’s status as a refugee is as
a matter of DHS policy, afforded the
confidentiality protections contained in
8 CFR 208.6 which strictly limits the
disclosure of information to third
parties.
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 of their
records, and to assist individuals to
more easily find such files within the
agency. Below is the description of the
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17:29 Dec 18, 2008
Jkt 217001
Protected Status Application
Information System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this new
system of records to the Office of
Management and Budget and to
Congress.
System of Records
DHS/USCIS–008
SYSTEM NAME:
United States Citizenship and
Immigration Services Refugee Access
Verification Unit Records.
SECURITY CLASSIFICATION:
SYSTEM LOCATION:
Records are maintained at the United
States Citizenship and Immigration
Services Headquarters, Refugee Affairs
Division in Washington, DC, and field
locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include priority three (P3)
refugee applicants and their relatives
who have not yet received a refugee
classification interview by DHS/USCIS;
and anchor relatives such as lawful
permanent residents and/or United
States citizen relatives in the United
States who have filed an Affidavit of
Relationship (AOR) on behalf of a
refugee applicant overseas under the P3
worldwide processing priorities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
may include:
• Applicant’s name and the name of
accompanying family members and
their contact information;
• Anchor’s Alien number (if
applicable);
• Anchor relative’s name and contact
information;
• Interview worksheets;
• Other applications for USCIS
benefits and related forms;
• AOR and AOR review checklists
and decision notices;
• Biographic and demographic
information of anchor relative and
applicant such as family trees and
documents establishing identity;
• Communication from voluntary
agencies; Members of Congress; U.S.
Government agencies and International
organizations;
• AOR Review findings;
• Case number.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; the Federal Records Act,
44 U.S.C. 3101; 8 U.S.C. 1522(b)
(Authorization for Programs for Initial
Frm 00207
Fmt 4703
Sfmt 4703
Domestic Resettlement of and
Assistance to Refugees) and 8 U.S.C.
1157 (Annual Admission of Refugees
and Admission of Emergency Situation
Refugees).
PURPOSE(S):
The purpose of this system is to track
and manage the review of Affidavits of
Relationship (AORs) filed by anchor
relatives in the United States on behalf
of certain family members overseas
seeking consideration for refugee
resettlement under Priority Three (P3) to
the United States.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Unclassified.
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77797
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 of 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 or
other Federal agency conducting
litigation or in proceedings before any
court, adjudicative or administrative
body, when it is 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 of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
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 other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual 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
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77798
Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
information in the system of records has
been compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or 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 individual who
relies 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, 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, where 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 the Department of State (DOS),
when necessary to accomplish an
agency function related to this system of
records.
I. To an attorney or representative
who is acting on behalf of an individual
covered by this system of records (as
defined in 8 CFR 1.1(j)) in conjunction
with any proceeding before DHS/USCIS
or the Executive Office for Immigration
Review.
J. To a former employee of the
Department for purposes of responding
to an official inquiry by a Federal, State,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
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17:29 Dec 18, 2008
Jkt 217001
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
K. To Federal and foreign government
intelligence or counterterrorism
agencies or components where DHS
becomes aware of an indication of a
threat or potential threat to national or
international security, or where such
use is to assist in anti-terrorism efforts
and disclosure is appropriate to the
proper performance of the official duties
of the person making the disclosure.
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 and on paper in secure
facilities in a locked drawer behind a
locked door.
RETRIEVABILITY:
Records may be retrieved by refugee
applicant’s name, refugee alien number,
case number, and anchor relative’s
name.
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.
In accordance with National Archives
and Records Administration approved
schedule N1–563–04–5, the RAVU
electronic master file records are
maintained 20 years before destruction;
case files are maintained at USCIS
Headquarters for 2 years and then
destroyed.
SYSTEM MANAGER AND ADDRESS:
Chief, Refugee Affairs Division,
Refugee, Asylum and International
Operations Directorate, 111
Massachusetts Avenue, Eighth Floor,
Washington, DC 20529.
NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any record contained in
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Sfmt 4703
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RETENTION AND DISPOSAL:
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this system of records, or seeking to
contest its content, may submit a
request in writing to National Records
Center, FOIA/PA Office, P.O. Box
648010, Lee’s Summit, MO 64064–8010.
Specific FOIA contact information can
be found at https://www.dhs.gov/foia
under ‘‘contacts.’’
When seeking records about yourself
from this system of records or any other
USCIS 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 Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition, you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Specify when you believe the
records would have been created,
• 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 this bulleted information
USCIS 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 SOURCE CATEGORIES:
Information contained in this system
of records is obtained from the
individual who is the subject of these
records as well as relatives, sponsors,
Members of Congress, U.S. Government
agencies, voluntary agencies,
international organizations, and local
sources at overseas posts.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, U.S. Department of
Homeland Security.
[FR Doc. E8–29837 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
E:\FR\FM\19DEN1.SGM
19DEN1
]]>Agencies
[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77795-77798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29837]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0162]
Privacy Act of 1974; United States Citizenship and Immigration
Services--008 Refugee Access Verification Unit System of Records.
AGENCY: Privacy Office; DHS.
[[Page 77796]]
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
is giving notice that it proposes to update and reissue the following
legacy record system, Justice/INS-006 Refugee Access Verification Unit
Records, December 26, 2002, as a Department of Homeland Security U.S.
Citizenship and Immigration Services system of records titled, U.S.
Citizenship and Immigration Services Refugee Access Verification Unit
System of Records.
The identification of potential refugees and the initial processing
of potential refugees is performed by the Department of State, outside
of the United States, and information associated with this process is
captured in the Department of States' Worldwide Refugee Processing
System. Although the Department of Homeland Security U.S. Citizenship
and Immigration Services has limited access to the system, it does not
belong to Department of Homeland Security U.S. Citizenship and
Immigration Services. There are four categories of fact patterns under
which an individual can become eligible for resettlement in the United
States as a refugee. The Department of Homeland Security U.S.
Citizenship and Immigration Services has a separate system that
contains information related to only one of these categories, which is
when a family member in the United States files an Affidavit of
Relationship. Information related to the other three categories is
initially captured in the Department of States' Worldwide Refugee
Processing System and then in the Department of Homeland Security U.S.
Citizenship and Immigration Services' DHS-USCIS-001 A-File system (72
FR 1755 January 16, 2007) after the individual comes to the United
States. In addition, information related to individuals for whom
Affidavits of Relationships have been filed may also be captured in
Department of Homeland Security U.S. Citizenship and Immigration
Services' DHS-USCIS-007 Benefits Information System (73 FR 56596,
September 29, 2008) as the applicant seeks to adjust his or her status.
Categories of individuals, categories of records and routine uses
and purpose of this legacy system of records notice have been updated
to better reflect the United States Citizenship and Immigration
Services' Refugee Access Verification Unit records. Additionally,
authorities for maintenance of the system, retention and disposal, and
system manager have been updated to reflect the systems current
operations. This updated system of records notice will be included in
the Department of Homeland Security's inventory of record systems.
DATES: Written comments must be submitted on or before January 20,
2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0162 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, 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 and may be read at https://
www.regulations.gov, including any personal information provided.
Docket: For access to the docket, to read background
documents, or comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact
Donald K. Hawkins (202-272-8404), Privacy Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts Avenue, NW., Washington, DC
20529. For privacy issues please contact Hugo Teufel III (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS) and the U.S.
Citizenship and Immigration Services (USCIS) have relied on preexisting
Privacy Act systems of records notices for the collection and
maintenance of records handled by USCIS Refugee Access Verification
Unit (RAVU).
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a USCIS system of records under
the Privacy Act (5 U.S.C. 552a) that deals with storing and reporting
the results of the Affidavit of Relationship (AOR) review for refugee
applicants. This record system allows DHS/USCIS to collect and preserve
the records regarding the processing of AORs for potential refugee
applicants. The collection and maintenance of this information will
assist DHS/USCIS in accomplishing the following three functions: (1)
Issuing its findings to the Department of State (DOS) in furtherance of
the DOS' onward processing outside of the United States; (2) to permit
the return of the AOR to the anchor relative due to a finding of
ineligibility and; (3) to assist USCIS in tracking statistics regarding
findings of fraud.
In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
is giving notice that it proposes to update and reissue the following
legacy record system, Justice/INS-006 Refugee Access Verification Unit
Records, December 26, 2002, as a Department of Homeland Security U.S.
Citizenship and Immigration Services system of records titled, U.S.
Citizenship and Immigration Services Refugee Access Verification Unit
System of Records.
The identification of potential refugees and the initial processing
of potential refugees is performed by the Department of State, outside
of the United States, and information associated with this process is
captured in the Department of States' Worldwide Refugee Processing
System. Although the Department of Homeland Security U.S. Citizenship
and Immigration Services has limited access to the system, it does not
belong to Department of Homeland Security U.S. Citizenship and
Immigration Services. There are four categories of fact patterns under
which an individual can become eligible for resettlement in the United
States as a refugee. The Department of Homeland Security U.S.
Citizenship and Immigration Services has a separate system that
contains information related to only one of these categories, which is
when a family member in the United States files an Affidavit of
Relationship. Information related to the other three categories is
initially captured in the Department of States' Worldwide Refugee
Processing System and then in the Department of Homeland Security U.S.
Citizenship and Immigration Services' DHS-USCIS-001 A-File system (72
FR 1755, January 16, 2007) after the individual comes to the United
States. In addition, information related to individuals for whom
Affidavits of Relationships have been filed may also be captured in
Department of Homeland Security U.S. Citizenship and
[[Page 77797]]
Immigration Services' DHS-USCIS-007 Benefits Information System (73 FR
56596, September 29, 2008) as he or she seeks to adjust his or her
status.
Categories of individuals, categories of records and routine uses
and purpose of this legacy system of records notice have been updated
to better reflect the United States Citizenship and Immigration
Services' Refugee Access Verification Unit records. Additionally,
authorities for maintenance of the system, retention and disposal, and
system manager have been updated to reflect the systems current
operations. This updated system of records notice will be included in
the Department of Homeland Security's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates 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 for 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 United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
In addition, information pertaining to an individual's status as a
refugee is as a matter of DHS policy, afforded the confidentiality
protections contained in 8 CFR 208.6 which strictly limits the
disclosure of information to third parties.
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 of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the Protected Status
Application Information System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget and
to Congress.
System of Records
DHS/USCIS-008
System name:
United States Citizenship and Immigration Services Refugee Access
Verification Unit Records.
Security classification:
Unclassified.
System location:
Records are maintained at the United States Citizenship and
Immigration Services Headquarters, Refugee Affairs Division in
Washington, DC, and field locations.
Categories of individuals covered by the system:
Categories of individuals covered by this system include priority
three (P3) refugee applicants and their relatives who have not yet
received a refugee classification interview by DHS/USCIS; and anchor
relatives such as lawful permanent residents and/or United States
citizen relatives in the United States who have filed an Affidavit of
Relationship (AOR) on behalf of a refugee applicant overseas under the
P3 worldwide processing priorities.
Categories of records in the system:
Categories of records in this system may include:
Applicant's name and the name of accompanying family
members and their contact information;
Anchor's Alien number (if applicable);
Anchor relative's name and contact information;
Interview worksheets;
Other applications for USCIS benefits and related forms;
AOR and AOR review checklists and decision notices;
Biographic and demographic information of anchor relative
and applicant such as family trees and documents establishing identity;
Communication from voluntary agencies; Members of
Congress; U.S. Government agencies and International organizations;
AOR Review findings;
Case number.
Authority for maintenance of the system:
5 U.S.C. 301; the Federal Records Act, 44 U.S.C. 3101; 8 U.S.C.
1522(b) (Authorization for Programs for Initial Domestic Resettlement
of and Assistance to Refugees) and 8 U.S.C. 1157 (Annual Admission of
Refugees and Admission of Emergency Situation Refugees).
Purpose(s):
The purpose of this system is to track and manage the review of
Affidavits of Relationship (AORs) filed by anchor relatives in the
United States on behalf of certain family members overseas seeking
consideration for refugee resettlement under Priority Three (P3) to the
United States.
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 of
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 or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when it is 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 of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
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 other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual 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
[[Page 77798]]
information in the system of records has been compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or 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
individual who relies 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, 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, where 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 the Department of State (DOS), when necessary to accomplish
an agency function related to this system of records.
I. To an attorney or representative who is acting on behalf of an
individual covered by this system of records (as defined in 8 CFR
1.1(j)) in conjunction with any proceeding before DHS/USCIS or the
Executive Office for Immigration Review.
J. To a former employee of the Department for purposes of
responding to an official inquiry by a Federal, State, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility;
K. To Federal and foreign government intelligence or
counterterrorism agencies or components where DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or where such use is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper performance of the official
duties of the person making the disclosure.
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 and on paper in
secure facilities in a locked drawer behind a locked door.
Retrievability:
Records may be retrieved by refugee applicant's name, refugee alien
number, case number, and anchor relative's name.
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:
In accordance with National Archives and Records Administration
approved schedule N1-563-04-5, the RAVU electronic master file records
are maintained 20 years before destruction; case files are maintained
at USCIS Headquarters for 2 years and then destroyed.
System Manager and address:
Chief, Refugee Affairs Division, Refugee, Asylum and International
Operations Directorate, 111 Massachusetts Avenue, Eighth Floor,
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 National Records Center, FOIA/PA
Office, P.O. Box 648010, Lee's Summit, MO 64064-8010. Specific FOIA
contact information can be found at https://www.dhs.gov/foia under
``contacts.''
When seeking records about yourself from this system of records or
any other USCIS 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 Director,
Disclosure and FOIA, https://www.dhs.gov or 1-866-431-0486. In addition,
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Specify when you believe the records would have been
created,
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 this bulleted information USCIS 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:
Information contained in this system of records is obtained from
the individual who is the subject of these records as well as
relatives, sponsors, Members of Congress, U.S. Government agencies,
voluntary agencies, international organizations, and local sources at
overseas posts.
Exemptions claimed for the system:
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. E8-29837 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P
