Privacy Act of 1974; Department of Homeland Security/U.S. Citizenship and Immigration Services-014 Electronic Immigration System-1 Temporary Accounts and Draft Benefit Requests System of Records, 70730-70735 [2011-29449]
Download as PDF
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Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices
ESTIMATED ANNUALIZED BURDEN HOURS
Number of
responses
per respondent
Number of
respondents
Form name
Average
burden per
response
(in hours)
Total burden
(in hours)
Screener ..........................................................................................................
Pre-Implementation Survey .............................................................................
Screener ..........................................................................................................
Post-Implementation Survey ............................................................................
1200
1000
1200
1000
1
1
1
1
3/60
10/60
3/60
10/60
60
167
60
167
Total ..........................................................................................................
........................
........................
........................
454
Dated: November 8, 2011.
Daniel L. Holcomb,
Reports Clearance Officer, Centers for Disease
Control and Prevention.
[FR Doc. 2011–29417 Filed 11–14–11; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2011–0112]
The Critical Infrastructure Partnership
Advisory Council (CIPAC)
National Protection and
Programs Directorate, DHS.
ACTION: Quarterly CIPAC membership
update.
AGENCY:
The Department of Homeland
Security (DHS) announced the
establishment of the Critical
Infrastructure Partnership Advisory
Council (CIPAC) by notice published in
the Federal Register Notice (71 FR
14930–14933) dated March 24, 2006.
That notice identified the purpose of
CIPAC as well as its membership. This
notice provides: (i) The quarterly CIPAC
membership update; (ii) instructions on
how the public can obtain the CIPAC
membership roster and other
information on the Council; and, (iii)
information on recently completed
CIPAC meetings.
FOR FURTHER INFORMATION CONTACT:
Nancy J. Wong, Director, Partnership
Programs and Information Sharing
Office, Partnership and Outreach
Division, Office of Infrastructure
Protection, National Protection and
Programs Directorate, U.S. Department
of Homeland Security, 245 Murray
Lane, Mail Stop 0607, Arlington, VA
20598–0607, by telephone (703) 235–
3999 or via email at CIPAC@dhs.gov.
Responsible DHS Official: Nancy J.
Wong, Director Partnership Programs
and Information Sharing Office,
Partnership and Outreach Division,
Office of Infrastructure Protection,
National Protection and Programs
Directorate, U.S. Department of
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SUMMARY:
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Homeland Security, 245 Murray Lane,
Mail Stop 0607, Arlington, VA 20598–
0607, by telephone (703) 235–3999 or
via email at CIPAC@dhs.gov.
SUPPLEMENTARY INFORMATION:
Purpose and Activity: The CIPAC
facilitates interaction between
government officials and representatives
of the community of owners and/or
operators for each of the critical
infrastructure sectors defined by
Homeland Security Presidential
Directive 7 (HSPD–7) and identified in
the National Infrastructure Protection
Plan (NIPP). The scope of activities
covered by the CIPAC includes
planning; coordinating among
government and critical infrastructure
owner/operator security partners;
implementing security program
initiatives; conducting operational
activities related to critical
infrastructure protection security
measures, incident response, recovery,
infrastructure resilience, reconstituting
critical infrastructure assets and systems
for both man-made as well as naturally
occurring events; and sharing threat,
vulnerability, risk mitigation, and
infrastructure continuity information.
Organizational Structure: CIPAC
members are organized into eighteen
(18) critical infrastructure sectors.
Within all of the sectors containing
critical infrastructure owners/operators,
there generally exists a Sector
Coordinating Council (SCC) that
includes critical infrastructure owners
and/or operators or their representative
trade associations. Each of the sectors
also has a Government Coordinating
Council (GCC) whose membership
includes a lead Federal agency that is
defined as the Sector Specific Agency
(SSA), and all relevant Federal, state,
local, Tribal, and/or territorial
government agencies (or their
representative bodies) whose mission
interests also involve the scope of the
CIPAC activities for that particular
sector.
CIPAC Membership: CIPAC
Membership may include:
(i) Critical infrastructure owner and/
or operator members of an SCC;
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(ii) Trade association members who
are members of an SCC representing the
interests of critical infrastructure
owners and/or operators;
(iii) Each sector’s Government
Coordinating Council (GCC) members;
and,
(iv) State, local, Tribal, and territorial
governmental officials comprising the
DHS State, Local, Tribal, and Territorial
GCC.
CIPAC Membership Roster and
Council Information: The current roster
of CIPAC membership is published on
the CIPAC Web site (https://
www.dhs.gov/cipac) and is updated as
the CIPAC membership changes.
Members of the public may visit the
CIPAC Web site at any time to obtain
current CIPAC membership as well as
the current and historic list of CIPAC
meetings and agendas.
Dated: November 4, 2011.
Nancy Wong,
Designated Federal Officer for the CIPAC.
[FR Doc. 2011–29347 Filed 11–14–11; 8:45 am]
BILLING CODE 9110–9P–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2011–0084]
Privacy Act of 1974; Department of
Homeland Security/U.S. Citizenship
and Immigration Services—014
Electronic Immigration System-1
Temporary Accounts and Draft Benefit
Requests System of Records
Privacy Office, DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a Department of Homeland
Security system of records titled,
‘‘Department of Homeland Security/U.S.
Citizenship and Immigration Services—
014 Electronic Immigration System-1
Temporary Accounts and Draft Benefit
SUMMARY:
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Requests System of Records.’’ This
system of records allows the Department
of Homeland Security/U.S. Citizenship
and Immigration Services to collect and
maintain records on an individual as he
or she creates a temporary electronic
account and/or drafts a benefit request
for submission through the U.S.
Citizenship and Immigration Services
Electronic Immigration System. This
system of records notice is being
updated to reflect the incorporation of
new forms, new categories of records,
and clarified data retention to better
inform the public. This updated system
will be included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
December 15, 2011. This system will be
effective December 15, 2011.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2011–0084 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (703) 483–2999.
• Mail: Mary Ellen Callahan, 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 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) 272–8000, Privacy
Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts
Avenue NW., Washington, DC 20529.
For privacy issues please contact: Mary
Ellen Callahan (703) 235–0780, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) U.S.
Citizenship and Immigration Services
(USCIS) proposes to update and reissue
the DHS system of records titled, ‘‘DHS/
USCIS–014 Electronic Immigration
System-1 Temporary Accounts and
Draft Benefit Requests System of
Records.’’ This system of records notice
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is being updated to reflect the
incorporation of new forms, new
categories of records, and clarified data
retention to better inform the public.
DHS received one public comment
which did not address this system of
records notice. DHS will not make any
changes in response to the public
comment.
DHS/USCIS is creating a new
electronic environment known as the
Electronic Immigration System (USCIS
ELIS). USCIS ELIS allows individuals
requesting a USCIS benefit to register
online and submit certain benefit
requests through the online system. This
system will improve customer service;
increase efficiency for processing
benefits; better identify potential
national security concerns, criminality,
and fraud; and create improved access
controls and better auditing capabilities.
DHS and USCIS promulgated the
regulation ‘‘Immigration Benefits
Business Transformation, Increment I’’
(August 29, 2011, 76 FR 53764) to allow
USCIS to transition to an electronic
environment. This regulation assists
USCIS in the transformation of its
operations by removing references and
processes that inhibit the use of
electronic systems or constrain USCIS’s
ability to respond to new requirements.
Applicants and petitioners
(Applicants); co-applicants,
beneficiaries, derivatives, dependents,
or other persons on whose behalf a
benefit request is made or whose
immigration status may be derived
because of a relationship to an
Applicant (Co-Applicants); and their
attorneys and representatives accredited
by the Board of Immigration Appeals
(Representatives) may create
individualized online accounts. These
online accounts help Applicants and
their Representatives file for benefits,
track the status of open benefit requests,
schedule appointments, change their
addresses and contact information, and
receive notices and notifications
regarding their cases. Through USCIS
ELIS, individuals may submit evidence
electronically. Once an individual
provides biographic information in one
benefit request, USCIS ELIS uses that
information to pre-populate any future
benefit requests. This eases the burden
on an individual so he or she does not
have to repeatedly type in the same
information.
USCIS is publishing three System of
Records Notices (SORNs) to cover the
following three distinct processes of this
new electronic environment and the
privacy and security protections
incorporated into USCIS ELIS:
1. Temporary Accounts and Draft
Benefit Requests: The Electronic
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Immigration System-1 Temporary
Accounts and Draft Benefit Requests
SORN (DHS/USCIS–014) addresses
temporary data provided by Applicants
or Representatives. This temporary data
includes temporary accounts for firsttime Applicants and draft benefit
request data from first-time Applicants,
Applicants with permanent accounts,
and Representatives. Applicants first
interact with USCIS ELIS by creating a
temporary account, setting notification
preferences, and drafting the first
benefit request. If a first-time Applicant
does not begin drafting a benefit request
within 30 days of opening the
temporary account, USCIS ELIS deletes
the temporary account. If he or she does
not submit the benefit request within 30
days of starting a draft benefit request,
USCIS ELIS deletes the temporary
account and all draft benefit request
data. If a first-time Applicant submits
the benefit request within 30 days,
USCIS ELIS changes the status of the
account from temporary to permanent.
Applicants with permanent USCIS ELIS
accounts or Representatives may also
draft benefit requests. USCIS ELIS
deletes all draft benefit requests if they
are not submitted within 30 days of
initiation.
2. Account and Case Management:
The Electronic Immigration System-2
Account and Case Management SORN
(DHS/USCIS–015) addresses the
activities undertaken by USCIS after
Applicants or Representatives submit a
benefit request. USCIS ELIS uses
information provided on initial and
subsequent benefit requests and
subsequent collections through the
Account and Case Management process
to create or update USCIS ELIS
accounts; collect any missing
information; manage workflow; assist
USCIS adjudicators as they make a
benefit determination; and provide a
repository of data to assist with future
benefit requests. In addition, USCIS
ELIS processes and tracks all actions
related to the case, including scheduling
appointments and issuing decision
notices and/or proofs of benefit.
3. Automated Background Functions:
The Electronic Immigration System-3
Automated Background Functions
SORN (DHS/USCIS–016) addresses the
actions USCIS ELIS takes to detect
duplicate and related accounts and
identify potential national security
concerns, criminality, and fraud to
ensure that serious or complex cases
receive additional scrutiny.
This SORN addresses the USCIS ELIS
temporary account process for first-time
Applicants in USCIS ELIS and the draft
benefit request process for all
Applicants and Representatives.
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Because USCIS ELIS collects this
information before a benefit request is
submitted, USCIS does not have an
official need-to-know the information in
the drafted benefit request. USCIS is
segregating temporary account and draft
benefit request information from
permanent information in USCIS ELIS
and preventing USCIS personnel (aside
from USCIS ELIS System
Administrators as part of their system
maintenance duties) from viewing this
temporary data until the Applicant or
Representative submits the benefit
request. USCIS will purge this
information from USCIS ELIS if the
Applicant or Representative does not
submit the benefit request within 30
days of initiation. If the Applicant
submits the benefit request, USCIS
converts the temporary account to a
permanent account and processes the
benefit request information according to
the guidelines set forth in the Electronic
Immigration System-2 Account and
Case Management SORN and Electronic
Immigration System-3 Automated
Background Functions SORN.
Temporary Accounts
DHS is clarifying the process used to
establish and retain temporary accounts
and draft benefit requests. USCIS ELIS
creates temporary accounts for
Applicants that have not previously
submitted a benefit request through
USCIS ELIS. These temporary accounts
permit the first-time Applicant to log in
to USCIS ELIS, set notification
preferences, and draft a benefit request.
If a first-time Applicant does not begin
drafting a benefit request within 30 days
of opening the temporary account,
USCIS ELIS deletes the temporary
account. If a first-time Applicant begins
drafting a benefit request within 30 days
of creating the temporary account, he or
she will have 30 days to submit the
benefit request. If he or she does not
submit the benefit request within 30
days of starting a draft benefit request,
USCIS ELIS deletes the temporary
account and all draft benefit request
data. If a first-time Applicant submits
the benefit request within 30 days,
USCIS ELIS changes the status of the
account from temporary to permanent.
This minimizes the time USCIS ELIS
retains personally identifiable
information (PII) about individuals that
have no pending benefit requests with
USCIS, while still giving Applicants
time to draft and submit a benefit
request. If the Applicant submits a
benefit request within the time allotted,
USCIS ELIS converts the temporary
account to a permanent account and
treats it according to the Electronic
Immigration System-2 Account and
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Case Management SORN and Electronic
Immigration System-3 Automated
Background Functions SORN.
Draft Benefit Requests
USCIS ELIS retains benefit requests
drafted by Applicants or
Representatives for 30 days from
initiation to further minimize the PII
retained by USCIS ELIS. This
information is not accessible by USCIS
personnel (aside from system
administrators for system maintenance)
and will only be shared internally for
system maintenance purposes and
externally to reduce the harm to
individuals in the event the system is
compromised. However, once a benefit
request has been formally submitted to
USCIS, the information will be retained
and used according to the Electronic
Immigration System-2 Account and
Case Management SORN and Electronic
Immigration System-3 Automated
Background Functions SORN in order to
maintain USCIS ELIS accounts and
determine eligibility for requested
benefits.
DHS is revising the list of legacy
forms that will be incorporated into
USCIS ELIS. Additional forms from
which information will be collected will
be posted to the USCIS ELIS Web site
as the system develops. New categories
of records collected on this revised list
of forms include immigration history
(citizenship/naturalization certificate
number, removals, statuses,
explanations, etc.), appeals or motions
to reopen or reconsider decisions, U.S.
State Department-Issued Personal
Identification Number (PID),
vaccinations, and medical referrals. In
the first release of USCIS ELIS, USCIS
collects information from the following
updated list of forms:
• I–90—Application to Replace
Permanent Residence Card (1615–0082),
08/31/12;
• I–102—Application for
Replacement/Initial Nonimmigrant
Departure Document (1615–0079), 08/
31/12;
• I–130—Petition for Alien Relative
(1615–0012), 01/31/12 (as evidence);
• I–131—Application for Travel
Document (1615–0013), 03/31/12;
• I–134—Affidavit of Support (1615–
0014), 05/31/12 (as evidence);
• I–290B—Notice of Appeal or
Motion (91615–0095), 05/31/12;
• I–508/I–508F—Waiver of Rights,
Privileges, Exemptions, and Immunities
(1615–0025), 11/30/11;
• I–539—Application to Extend/
Change Nonimmigrant Status (1615–
0003), 02/29/12;
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• I–539—Application to Extend/
Change Nonimmigrant Status (On-Line
Application) (Pending);
• I–566—Interagency Record of
Request—A, G or NATO Dependent
Employment Authorization or Change/
Adjustment to/from A, G or NATO
Status (1615–0027), 01/31/11 (as
evidence);
• I–601—Application for Waiver of
Grounds of Inadmissibility (1615–0029),
06/30/12;
• I–693—Report of Medical
Examination and Vaccination Record
(1615–0033), 10/31/11;
• I–765—Application for
Employment Authorization (1615–
0040), 09/30/11;
• I–821—Application for Temporary
Protected Status (1615–0043), 10/31/13;
• I–912—Request for Fee Waiver
(1615–0116), 10/31/12;
• AR–11—Alien Change of Address
Card System (1615–0007), 09/30/11; and
• G–28 Notice of Entry of Appearance
as Attorney or Accredited
Representative (1615–0105), 04/30/12.
USCIS collects, uses, and maintains
temporary account and draft benefit
request information pursuant to the
Immigration and Nationality Act of
1952, Public Law No. 82–414, sections
101 and 103, as amended.
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 the U.S. 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 U.S.
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.
Below is the description of the DHS/
USCIS—014 Electronic Immigration
System-1 Temporary Accounts and
Draft Benefit Requests System of
Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
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•
•
•
•
•
•
•
•
•
Management and Budget and to
Congress.
System of Records
DHS/USCIS–014
SYSTEM NAME:
DHS/USCIS–014 Electronic
Immigration System-1 Temporary
Accounts and Draft Benefit Requests
System of Records
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
Records are maintained at the USCIS
Headquarters in Washington, DC and
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Electronic Immigration System-1
Temporary Accounts and Draft Benefit
Requests (USCIS ELIS Temporary
Accounts and Draft Benefit Requests)
stores and/or uses information about
individuals who receive or petition for
benefits under the Immigration and
Nationality Act, as amended. These
individuals include: Applicants and
petitioners (Applicants); co-applicants,
beneficiaries, derivatives, dependents,
or other persons on whose behalf a
benefit request is made or whose
immigration status may be derived
because of a relationship to an
Applicant (Co-Applicants); attorneys
and Board of Immigration Appeals
accredited representatives
(Representatives); and individuals that
assist in the preparation of the benefit
request.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Temporary USCIS ELIS account
information includes the following from
all of the categories of individuals
above. If an Applicant or Representative
formally submits a benefit request
within the 30-day window, USCIS
converts the temporary account to a
permanent USCIS ELIS account and
retains the information according to the
Electronic Immigration System-2
Account and Case Management SORN
and Electronic Immigration System-3
Automated Background Functions
SORN.
An Applicant’s temporary USCIS
ELIS account registration information
includes the following:
• Valid email address
• Password
• Challenge questions and answers
• Telephone Number (optional)
All benefit requests about the Applicant
or Co-Applicant includes the following
information:
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Alien Registration Number(s)
Full name and any alias(es) used
Physical and mailing address(es)
Immigration status
Date of birth
Place of birth (city, state, and country)
Country of citizenship
Gender
Contact information (Phone
number(s), Email address)
• Military status
• Government-issued identification (e.g.
passport, driver’s license):
Æ Document type
Æ Issuing organization
Æ Document number
Æ Expiration date
• Benefit requested
• IP Address
• Browser information
• USCIS ELIS account number (for
returning Applicants)
The following information may be
requested for benefit-specific eligibility:
• U.S. State Department-Issued Personal
Identification Number (PID)
• Arrival/Departure Information
• Immigration history (citizenship/
naturalization certificate number,
removals, explanations, etc.)
• Family Relationships (e.g., Parent,
Spouse, Sibling, Child, Other
Dependents, etc., as well as
polygamy, custody, guardianship,
and other relationship issues)
• USCIS Receipt/Case Number
• Personal Background Information
(e.g., involvement with national
security threats, 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, etc.)
• Health Information (e.g., vaccinations,
referrals, communicable disease,
physical or mental disorder,
prostitution, drug abuse, etc.)
• Education History
• Work History
• Financial Information (income,
expenses, scholarships, savings,
assets, property, financial support,
supporter information, life
insurance, debts, encumbrances,
etc.)
• Social Security Number, if applicable
• Supporting documentation as
necessary (i.e. birth certificate,
appeals or motions to reopen or
reconsider decisions, etc.)
• Criminal Records
Preparer information includes:
• Name
• Organization
• Physical and Mailing Addresses
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• Phone and Fax Numbers
• Paid/Not Paid
• Relationship to Applicant
Representative information 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
• BIA Representative Accreditation
Expiration Date
• Law Practice Restriction Explanation
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Immigration and Nationality Act
of 1952, Public Law 82–414, sections
101 and 103, as amended.
PURPOSE(S):
The purpose of the system collecting
this information is to provide an
Applicant with a temporary account so
that he or she may submit a benefit
request through USCIS ELIS for the first
time. All draft benefit request
information is collected to assist the
Applicant or Representative in
providing all of the information
necessary to request a benefit. If a firsttime Applicant does not formally
submit a benefit request within 30 days
of opening the temporary account or
initiating the draft benefit request, the
information will be deleted. If an
Applicant or Representative formally
submits a benefit request within the 30day window, USCIS converts the
temporary account to a permanent
USCIS ELIS account and retains the
information according to the USCIS
ELIS Account and Case Management
SORN and USCIS ELIS Automated
Background Functions SORN.
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) as
follows:
A. 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 harm to
economic or property interests, identity
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theft or fraud, 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 that relies upon
the compromised information; and
3. The disclosure made to such
agencies, entities, and/or 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.
B. 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.
If a benefit request has been submitted
to USCIS within 30 days of initiation,
the information will become permanent
and shared according to the routine uses
listed in the Electronic Immigration
System-2 Account and Case
Management SORN and Electronic
Immigration System-3 Automated
Background Functions SORN in order to
maintain USCIS ELIS accounts and
determine eligibility for requested
benefits.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
Records in this system are stored
electronically in secure facilities. The
records are stored on magnetic disc and/
or tape to maintain a real-time copy of
the data for disaster recovery purposes.
Real-time copies of data are deleted at
the same time as the original data.
RETRIEVABILITY:
Records may be retrieved by any of
the data elements listed above or
combination thereof.
SAFEGUARDS:
mstockstill on DSK4VPTVN1PROD with NOTICES
RETENTION AND DISPOSAL:
USCIS has submitted to the National
Archives and Records Administration
(NARA) a retention schedule for these
records. USCIS proposes that if a firsttime Applicant does not begin drafting
a benefit request within 30 days of
opening the temporary account, USCIS
ELIS deletes the temporary account. If a
first-time Applicant begins drafting a
benefit request within 30 days of
creating the temporary account, he or
she will have 30 days to submit the
benefit request. If he or she does not
submit the benefit request within 30
days of starting a draft benefit request,
USCIS ELIS deletes the temporary
account and all draft benefit request
data. If an Applicant or Representative
formally submits a benefit request
within the 30-day window, USCIS
converts the temporary account to a
permanent USCIS ELIS account and
retains the information according to the
Electronic Immigration System-2
Account and Case Management SORN
and Electronic Immigration System-3
Automated Background Functions
SORN.
SYSTEM MANAGER AND ADDRESS:
The DHS system manager is the Chief,
Records Division, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, U.S. Citizenship
and Immigration Services, 20
Massachusetts Avenue NW.,
Washington, DC 20529.
NOTIFICATION PROCEDURE:
STORAGE:
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
VerDate Mar<15>2010
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.
19:06 Nov 14, 2011
Jkt 226001
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may log in to USCIS
ELIS to amend their information within
the 30-day window. If they submit a
benefit request, the information will still
be available by logging in to their USCIS
ELIS account and may be amended
through the processes described in the
USCIS ELIS Account and Case
Management SORN and USCIS ELIS
Automated Background Functions
SORN.
Because of the temporary nature of
this data, records will not likely be
available for FOIA requests. However,
individuals are free to request records
pertaining to them by submitting a
request in writing to the National
Records Center, FOIA/PA Office, P.O.
Box 648010, Lee’s Summit, MO 64064–
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
8010. Specific FOIA contact information
can be found at https://www.dhs.gov/foia
under ‘‘Contacts.’’ If an individual
believes more than one component
maintains Privacy Act records
concerning him or her, the individual
may submit the request to the Chief
Privacy Officer and Chief Freedom of
Information Act 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
Freedom of Information Act Officer,
https://www.dhs.gov or 1–866–431–0486.
In addition you should:
• Provide an explanation of 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;
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
• 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
component(s) may not be able to
conduct an effective search and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records are obtained from the
Applicant or his or her Representative.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
E:\FR\FM\15NON1.SGM
15NON1
Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices
• Fax: (703) 483–2999.
• Mail: Mary Ellen Callahan, 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 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.
Dated: November 2, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2011–29449 Filed 11–14–11; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2011–0087]
Privacy Act of 1974; Department of
Homeland Security/U.S. Citizenship
and Immigration Services—016
Electronic Immigration System-3
Automated Background Functions
System of Records
Privacy Office, DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue the Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/U.S. Citizenship and
Immigration Services—016 Electronic
Immigration System-3 Automated
Background Functions System of
Records.’’ This system of records will
allow the Department of Homeland
Security/U.S. Citizenship and
Immigration Services to collect and
maintain certain biographic information
about individuals in the U.S.
Citizenship and Immigration -Services
Electronic Immigration System and its
legacy systems in order to detect
duplicate and related accounts and
identify potential national security
concerns, criminality, and fraud to
ensure that serious or complex cases
receive additional scrutiny. This system
of records notice is being updated to
clarify the data retention policy.
Additionally, the Department of
Homeland Security is issuing a Final
Rule elsewhere in the Federal Register,
to exempt this system of records from
certain provisions of the Privacy Act.
This updated system will be included in
the Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
December 15, 2011. This system will be
effective December 15, 2011.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2011–0087 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
19:06 Nov 14, 2011
Jkt 226001
For
general questions please contact: Donald
K. Hawkins ((202) 272–8030), Privacy
Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts
Avenue NW., Washington, DC 20529.
For privacy issues please contact: Mary
Ellen Callahan ((703) 235–0780), 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)/U.S.
Citizenship and Immigration Services
(USCIS) proposes to update and reissue
the DHS system of records titled, ‘‘DHS/
USCIS–016 Electronic Immigration
System-3 Automated Background
Functions System of Records.’’ This
system of records notice is being
updated to clarify the data retention
policy and to recognize the issuance of
a Final Rule exempting the system from
portions of the Privacy Act. DHS
received no public comments for this
system of records notice. Consequently,
DHS is not making any changes in
response to public comments.
DHS/USCIS is creating a new
electronic environment known as the
Electronic Immigration System (USCIS
ELIS). USCIS ELIS allows individuals
requesting a USCIS benefit to register
online and submit certain benefit
requests through the online system. This
system will improve customer service;
increase efficiency for processing
benefits; better identify potential
national security concerns, criminality,
and fraud; and create improved access
controls and better auditing capabilities.
DHS and USCIS are promulgating the
regulation ‘‘Immigration Benefits
Business Transformation, Increment I’’
(August 29, 2011, 76 FR 53764) to allow
for USCIS to transition to an electronic
environment. This regulation will assist
USCIS in the transformation of its
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
70735
operations by removing references and
processes that inhibit the use of
electronic systems or constrain USCIS’s
ability to respond to changing
workloads, priorities, and statutory
requirements.
Applicants and petitioners
(Applicants); co-applicants,
beneficiaries, derivatives, dependents,
or other persons on whose behalf a
benefit request is made or whose
immigration status may be derived
because of a relationship to the
Applicant (Co-Applicants); and their
attorneys and representatives accredited
by the Board of Immigration Appeals
(Representatives) may create
individualized online accounts. These
online accounts help Applicants and
their Representatives file for benefits,
track the status of open benefit requests,
schedule appointments, change their
addresses and contact information, and
receive notices and notifications
regarding their particular cases.
Through USCIS ELIS, individuals may
submit evidence electronically. Once an
individual provides biographic
information for one benefit request,
USCIS ELIS uses that information to
pre-populate any future benefit requests
by the same individual. This eases the
burden on an individual so he or she
does not have to repeatedly type in the
same information and also reduces the
number of possible errors.
USCIS is publishing three System of
Records Notices (SORNs) to cover the
following three distinct processes of this
new electronic environment and the
privacy and security protections
incorporated into USCIS ELIS:
1. Temporary Accounts and Draft
Benefit Requests: The Electronic
Immigration System-1 Temporary
Accounts and Draft Benefit Requests
SORN (DHS/USCIS–014) addresses
temporary data provided by Applicants
or Representatives. This temporary data
includes temporary accounts for firsttime Applicants and draft benefit
request data from first-time Applicants,
Applicants with permanent accounts,
and Representatives. Applicants first
interact with USCIS ELIS by creating a
temporary account, setting notification
preferences, and drafting the first
benefit request. If a first-time Applicant
does not begin drafting a benefit request
within 30 days of opening the
temporary account, USCIS ELIS deletes
the temporary account. If he or she does
not submit the benefit request within 30
days of starting a draft benefit request,
USCIS ELIS deletes the temporary
account and all draft benefit request
data. If a first-time Applicant submits
the benefit request within 30 days,
USCIS ELIS automatically changes the
E:\FR\FM\15NON1.SGM
15NON1
Agencies
[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Pages 70730-70735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29449]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2011-0084]
Privacy Act of 1974; Department of Homeland Security/U.S.
Citizenship and Immigration Services--014 Electronic Immigration
System-1 Temporary Accounts and Draft Benefit Requests System of
Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a Department of
Homeland Security system of records titled, ``Department of Homeland
Security/U.S. Citizenship and Immigration Services--014 Electronic
Immigration System-1 Temporary Accounts and Draft Benefit
[[Page 70731]]
Requests System of Records.'' This system of records allows the
Department of Homeland Security/U.S. Citizenship and Immigration
Services to collect and maintain records on an individual as he or she
creates a temporary electronic account and/or drafts a benefit request
for submission through the U.S. Citizenship and Immigration Services
Electronic Immigration System. This system of records notice is being
updated to reflect the incorporation of new forms, new categories of
records, and clarified data retention to better inform the public. This
updated system will be included in the Department of Homeland
Security's inventory of record systems.
DATES: Submit comments on or before December 15, 2011. This system will
be effective December 15, 2011.
ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0084 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (703) 483-2999.
Mail: Mary Ellen Callahan, 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 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) 272-8000, Privacy Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts Avenue NW., Washington, DC
20529. For privacy issues please contact: Mary Ellen Callahan (703)
235-0780, Chief Privacy Officer, Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) U.S. Citizenship and Immigration
Services (USCIS) proposes to update and reissue the DHS system of
records titled, ``DHS/USCIS-014 Electronic Immigration System-1
Temporary Accounts and Draft Benefit Requests System of Records.'' This
system of records notice is being updated to reflect the incorporation
of new forms, new categories of records, and clarified data retention
to better inform the public. DHS received one public comment which did
not address this system of records notice. DHS will not make any
changes in response to the public comment.
DHS/USCIS is creating a new electronic environment known as the
Electronic Immigration System (USCIS ELIS). USCIS ELIS allows
individuals requesting a USCIS benefit to register online and submit
certain benefit requests through the online system. This system will
improve customer service; increase efficiency for processing benefits;
better identify potential national security concerns, criminality, and
fraud; and create improved access controls and better auditing
capabilities.
DHS and USCIS promulgated the regulation ``Immigration Benefits
Business Transformation, Increment I'' (August 29, 2011, 76 FR 53764)
to allow USCIS to transition to an electronic environment. This
regulation assists USCIS in the transformation of its operations by
removing references and processes that inhibit the use of electronic
systems or constrain USCIS's ability to respond to new requirements.
Applicants and petitioners (Applicants); co-applicants,
beneficiaries, derivatives, dependents, or other persons on whose
behalf a benefit request is made or whose immigration status may be
derived because of a relationship to an Applicant (Co-Applicants); and
their attorneys and representatives accredited by the Board of
Immigration Appeals (Representatives) may create individualized online
accounts. These online accounts help Applicants and their
Representatives file for benefits, track the status of open benefit
requests, schedule appointments, change their addresses and contact
information, and receive notices and notifications regarding their
cases. Through USCIS ELIS, individuals may submit evidence
electronically. Once an individual provides biographic information in
one benefit request, USCIS ELIS uses that information to pre-populate
any future benefit requests. This eases the burden on an individual so
he or she does not have to repeatedly type in the same information.
USCIS is publishing three System of Records Notices (SORNs) to
cover the following three distinct processes of this new electronic
environment and the privacy and security protections incorporated into
USCIS ELIS:
1. Temporary Accounts and Draft Benefit Requests: The Electronic
Immigration System-1 Temporary Accounts and Draft Benefit Requests SORN
(DHS/USCIS-014) addresses temporary data provided by Applicants or
Representatives. This temporary data includes temporary accounts for
first-time Applicants and draft benefit request data from first-time
Applicants, Applicants with permanent accounts, and Representatives.
Applicants first interact with USCIS ELIS by creating a temporary
account, setting notification preferences, and drafting the first
benefit request. If a first-time Applicant does not begin drafting a
benefit request within 30 days of opening the temporary account, USCIS
ELIS deletes the temporary account. If he or she does not submit the
benefit request within 30 days of starting a draft benefit request,
USCIS ELIS deletes the temporary account and all draft benefit request
data. If a first-time Applicant submits the benefit request within 30
days, USCIS ELIS changes the status of the account from temporary to
permanent. Applicants with permanent USCIS ELIS accounts or
Representatives may also draft benefit requests. USCIS ELIS deletes all
draft benefit requests if they are not submitted within 30 days of
initiation.
2. Account and Case Management: The Electronic Immigration System-2
Account and Case Management SORN (DHS/USCIS-015) addresses the
activities undertaken by USCIS after Applicants or Representatives
submit a benefit request. USCIS ELIS uses information provided on
initial and subsequent benefit requests and subsequent collections
through the Account and Case Management process to create or update
USCIS ELIS accounts; collect any missing information; manage workflow;
assist USCIS adjudicators as they make a benefit determination; and
provide a repository of data to assist with future benefit requests. In
addition, USCIS ELIS processes and tracks all actions related to the
case, including scheduling appointments and issuing decision notices
and/or proofs of benefit.
3. Automated Background Functions: The Electronic Immigration
System-3 Automated Background Functions SORN (DHS/USCIS-016) addresses
the actions USCIS ELIS takes to detect duplicate and related accounts
and identify potential national security concerns, criminality, and
fraud to ensure that serious or complex cases receive additional
scrutiny.
This SORN addresses the USCIS ELIS temporary account process for
first-time Applicants in USCIS ELIS and the draft benefit request
process for all Applicants and Representatives.
[[Page 70732]]
Because USCIS ELIS collects this information before a benefit request
is submitted, USCIS does not have an official need-to-know the
information in the drafted benefit request. USCIS is segregating
temporary account and draft benefit request information from permanent
information in USCIS ELIS and preventing USCIS personnel (aside from
USCIS ELIS System Administrators as part of their system maintenance
duties) from viewing this temporary data until the Applicant or
Representative submits the benefit request. USCIS will purge this
information from USCIS ELIS if the Applicant or Representative does not
submit the benefit request within 30 days of initiation. If the
Applicant submits the benefit request, USCIS converts the temporary
account to a permanent account and processes the benefit request
information according to the guidelines set forth in the Electronic
Immigration System-2 Account and Case Management SORN and Electronic
Immigration System-3 Automated Background Functions SORN.
Temporary Accounts
DHS is clarifying the process used to establish and retain
temporary accounts and draft benefit requests. USCIS ELIS creates
temporary accounts for Applicants that have not previously submitted a
benefit request through USCIS ELIS. These temporary accounts permit the
first-time Applicant to log in to USCIS ELIS, set notification
preferences, and draft a benefit request. If a first-time Applicant
does not begin drafting a benefit request within 30 days of opening the
temporary account, USCIS ELIS deletes the temporary account. If a
first-time Applicant begins drafting a benefit request within 30 days
of creating the temporary account, he or she will have 30 days to
submit the benefit request. If he or she does not submit the benefit
request within 30 days of starting a draft benefit request, USCIS ELIS
deletes the temporary account and all draft benefit request data. If a
first-time Applicant submits the benefit request within 30 days, USCIS
ELIS changes the status of the account from temporary to permanent.
This minimizes the time USCIS ELIS retains personally identifiable
information (PII) about individuals that have no pending benefit
requests with USCIS, while still giving Applicants time to draft and
submit a benefit request. If the Applicant submits a benefit request
within the time allotted, USCIS ELIS converts the temporary account to
a permanent account and treats it according to the Electronic
Immigration System-2 Account and Case Management SORN and Electronic
Immigration System-3 Automated Background Functions SORN.
Draft Benefit Requests
USCIS ELIS retains benefit requests drafted by Applicants or
Representatives for 30 days from initiation to further minimize the PII
retained by USCIS ELIS. This information is not accessible by USCIS
personnel (aside from system administrators for system maintenance) and
will only be shared internally for system maintenance purposes and
externally to reduce the harm to individuals in the event the system is
compromised. However, once a benefit request has been formally
submitted to USCIS, the information will be retained and used according
to the Electronic Immigration System-2 Account and Case Management SORN
and Electronic Immigration System-3 Automated Background Functions SORN
in order to maintain USCIS ELIS accounts and determine eligibility for
requested benefits.
DHS is revising the list of legacy forms that will be incorporated
into USCIS ELIS. Additional forms from which information will be
collected will be posted to the USCIS ELIS Web site as the system
develops. New categories of records collected on this revised list of
forms include immigration history (citizenship/naturalization
certificate number, removals, statuses, explanations, etc.), appeals or
motions to reopen or reconsider decisions, U.S. State Department-Issued
Personal Identification Number (PID), vaccinations, and medical
referrals. In the first release of USCIS ELIS, USCIS collects
information from the following updated list of forms:
I-90--Application to Replace Permanent Residence Card
(1615-0082), 08/31/12;
I-102--Application for Replacement/Initial Nonimmigrant
Departure Document (1615-0079), 08/31/12;
I-130--Petition for Alien Relative (1615-0012), 01/31/12
(as evidence);
I-131--Application for Travel Document (1615-0013), 03/31/
12;
I-134--Affidavit of Support (1615-0014), 05/31/12 (as
evidence);
I-290B--Notice of Appeal or Motion (91615-0095), 05/31/12;
I-508/I-508F--Waiver of Rights, Privileges, Exemptions,
and Immunities (1615-0025), 11/30/11;
I-539--Application to Extend/Change Nonimmigrant Status
(1615-0003), 02/29/12;
I-539--Application to Extend/Change Nonimmigrant Status
(On-Line Application) (Pending);
I-566--Interagency Record of Request--A, G or NATO
Dependent Employment Authorization or Change/Adjustment to/from A, G or
NATO Status (1615-0027), 01/31/11 (as evidence);
I-601--Application for Waiver of Grounds of
Inadmissibility (1615-0029), 06/30/12;
I-693--Report of Medical Examination and Vaccination
Record (1615-0033), 10/31/11;
I-765--Application for Employment Authorization (1615-
0040), 09/30/11;
I-821--Application for Temporary Protected Status (1615-
0043), 10/31/13;
I-912--Request for Fee Waiver (1615-0116), 10/31/12;
AR-11--Alien Change of Address Card System (1615-0007),
09/30/11; and
G-28 Notice of Entry of Appearance as Attorney or
Accredited Representative (1615-0105), 04/30/12.
USCIS collects, uses, and maintains temporary account and draft
benefit request information pursuant to the Immigration and Nationality
Act of 1952, Public Law No. 82-414, sections 101 and 103, as amended.
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 the U.S. 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 U.S. 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.
Below is the description of the DHS/USCIS--014 Electronic
Immigration System-1 Temporary Accounts and Draft Benefit Requests
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
[[Page 70733]]
Management and Budget and to Congress.
System of Records
DHS/USCIS-014
System name:
DHS/USCIS-014 Electronic Immigration System-1 Temporary Accounts
and Draft Benefit Requests System of Records
Security classification:
Unclassified
System location:
Records are maintained at the USCIS Headquarters in Washington, DC
and field offices.
Categories of individuals covered by the system:
Electronic Immigration System-1 Temporary Accounts and Draft
Benefit Requests (USCIS ELIS Temporary Accounts and Draft Benefit
Requests) stores and/or uses information about individuals who receive
or petition for benefits under the Immigration and Nationality Act, as
amended. These individuals include: Applicants and petitioners
(Applicants); co-applicants, beneficiaries, derivatives, dependents, or
other persons on whose behalf a benefit request is made or whose
immigration status may be derived because of a relationship to an
Applicant (Co-Applicants); attorneys and Board of Immigration Appeals
accredited representatives (Representatives); and individuals that
assist in the preparation of the benefit request.
Categories of records in the system:
Temporary USCIS ELIS account information includes the following
from all of the categories of individuals above. If an Applicant or
Representative formally submits a benefit request within the 30-day
window, USCIS converts the temporary account to a permanent USCIS ELIS
account and retains the information according to the Electronic
Immigration System-2 Account and Case Management SORN and Electronic
Immigration System-3 Automated Background Functions SORN.
An Applicant's temporary USCIS ELIS account registration
information includes the following:
Valid email address
Password
Challenge questions and answers
Telephone Number (optional)
All benefit requests about the Applicant or Co-Applicant includes the
following information:
Alien Registration Number(s)
Full name and any alias(es) used
Physical and mailing address(es)
Immigration status
Date of birth
Place of birth (city, state, and country)
Country of citizenship
Gender
Contact information (Phone number(s), Email address)
Military status
Government-issued identification (e.g. passport, driver's
license):
[cir] Document type
[cir] Issuing organization
[cir] Document number
[cir] Expiration date
Benefit requested
IP Address
Browser information
USCIS ELIS account number (for returning Applicants)
The following information may be requested for benefit-specific
eligibility:
U.S. State Department-Issued Personal Identification Number
(PID)
Arrival/Departure Information
Immigration history (citizenship/naturalization certificate
number, removals, explanations, etc.)
Family Relationships (e.g., Parent, Spouse, Sibling, Child,
Other Dependents, etc., as well as polygamy, custody, guardianship, and
other relationship issues)
USCIS Receipt/Case Number
Personal Background Information (e.g., involvement with
national security threats, 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, etc.)
Health Information (e.g., vaccinations, referrals,
communicable disease, physical or mental disorder, prostitution, drug
abuse, etc.)
Education History
Work History
Financial Information (income, expenses, scholarships,
savings, assets, property, financial support, supporter information,
life insurance, debts, encumbrances, etc.)
Social Security Number, if applicable
Supporting documentation as necessary (i.e. birth certificate,
appeals or motions to reopen or reconsider decisions, etc.)
Criminal Records
Preparer information includes:
Name
Organization
Physical and Mailing Addresses
Phone and Fax Numbers
Paid/Not Paid
Relationship to Applicant
Representative information 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
BIA Representative Accreditation Expiration Date
Law Practice Restriction Explanation
Authority for maintenance of the system:
The Immigration and Nationality Act of 1952, Public Law 82-414,
sections 101 and 103, as amended.
Purpose(s):
The purpose of the system collecting this information is to provide
an Applicant with a temporary account so that he or she may submit a
benefit request through USCIS ELIS for the first time. All draft
benefit request information is collected to assist the Applicant or
Representative in providing all of the information necessary to request
a benefit. If a first-time Applicant does not formally submit a benefit
request within 30 days of opening the temporary account or initiating
the draft benefit request, the information will be deleted. If an
Applicant or Representative formally submits a benefit request within
the 30-day window, USCIS converts the temporary account to a permanent
USCIS ELIS account and retains the information according to the USCIS
ELIS Account and Case Management SORN and USCIS ELIS Automated
Background Functions SORN.
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) as follows:
A. 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 harm to economic or property
interests, identity
[[Page 70734]]
theft or fraud, 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 that relies upon the compromised
information; and
3. The disclosure made to such agencies, entities, and/or 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.
B. 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.
If a benefit request has been submitted to USCIS within 30 days of
initiation, the information will become permanent and shared according
to the routine uses listed in the Electronic Immigration System-2
Account and Case Management SORN and Electronic Immigration System-3
Automated Background Functions SORN in order to maintain USCIS ELIS
accounts and determine eligibility for requested benefits.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically in secure
facilities. The records are stored on magnetic disc and/or tape to
maintain a real-time copy of the data for disaster recovery purposes.
Real-time copies of data are deleted at the same time as the original
data.
Retrievability:
Records may be retrieved by any of the data elements listed above
or combination thereof.
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:
USCIS has submitted to the National Archives and Records
Administration (NARA) a retention schedule for these records. USCIS
proposes that if a first-time Applicant does not begin drafting a
benefit request within 30 days of opening the temporary account, USCIS
ELIS deletes the temporary account. If a first-time Applicant begins
drafting a benefit request within 30 days of creating the temporary
account, he or she will have 30 days to submit the benefit request. If
he or she does not submit the benefit request within 30 days of
starting a draft benefit request, USCIS ELIS deletes the temporary
account and all draft benefit request data. If an Applicant or
Representative formally submits a benefit request within the 30-day
window, USCIS converts the temporary account to a permanent USCIS ELIS
account and retains the information according to the Electronic
Immigration System-2 Account and Case Management SORN and Electronic
Immigration System-3 Automated Background Functions SORN.
System Manager and address:
The DHS system manager is the Chief, Records Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
U.S. Citizenship and Immigration Services, 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 log in to USCIS ELIS to amend their information within the 30-day
window. If they submit a benefit request, the information will still be
available by logging in to their USCIS ELIS account and may be amended
through the processes described in the USCIS ELIS Account and Case
Management SORN and USCIS ELIS Automated Background Functions SORN.
Because of the temporary nature of this data, records will not
likely be available for FOIA requests. However, individuals are free to
request records pertaining to them by submitting a request in writing
to the 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.'' If an individual
believes more than one component maintains Privacy Act records
concerning him or her, the individual may submit the request to the
Chief Privacy Officer and Chief Freedom of Information Act 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 Freedom of Information Act Officer, https://www.dhs.gov or 1-866-431-0486. In addition you should:
Provide an explanation of 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;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
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 component(s) may not be able
to conduct an effective search and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained from the Applicant or his or her
Representative.
Exemptions claimed for the system:
None.
[[Page 70735]]
Dated: November 2, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-29449 Filed 11-14-11; 8:45 am]
BILLING CODE 9111-97-P