Privacy Act of 1974; Department of Homeland Security United States Citizenship and Immigration Services-005 Intercountry Adoptions Security System of Records, 78614-78619 [2016-26498]
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BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2016–0071]
Privacy Act of 1974; Department of
Homeland Security United States
Citizenship and Immigration Services–
005 Intercountry Adoptions Security
System of Records
Department of Homeland
Security, Privacy Office.
ACTION: Notice of Privacy Act system of
records.
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AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
update and reissue a current DHS
system of records titled, ‘‘DHS/United
States Citizenship and Immigration
SUMMARY:
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Services (USCIS)–005 Intercountry
Adoptions Security’’ system of records.
DHS/USCIS collects, uses, and
maintains Intercountry Adoptions
Security records on prospective
adoptive parents and other individuals
associated with an intercountry
adoption-related application or petition.
DHS/USCIS is updating this system of
records to: Clarify the information
technology used to process intercountry
adoption-based applications and
petitions; update the categories of
individuals in the system; clarify the
categories of records in the system;
update the legal authorities for the
intercountry adoption immigration
process from countries that are party to
the Hague Convention on Protection of
Children and Co-operation in Respect of
Intercountry Adoption (Hague Adoption
Convention) and from non-Hague
Adoption Convention (orphan)
countries; reflect an increased retention
period for intercountry adoption
records; include all sources of records
for adoption-based forms used in the
Hague Adoption Convention process
and non-Hague (orphan) process; and
add Routine Use R, which permits the
disclosure of information to the
Department of Health and Human
Services. Additionally, this notice
includes non-substantive changes to
simplify the formatting and text of the
previously published notice.
This updated system will be included
in the Department of Homeland
Security’s inventory of record systems.
DATES: Submit comments on or before
December 8, 2016. This updated system
will be effective December 8, 2016.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2016–0071 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
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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, please visit 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 questions, please contact:
Jonathan R. Cantor, (202) 343–1717,
Acting 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 DHS/USCIS
proposes to update and reissue a current
DHS system of records titled, ‘‘DHS/
USCIS–005 Intercountry Adoptions
Security’’ system of records.
DHS/USCIS oversees certain
intercountry adoption-related requests
from U.S. citizens seeking to adopt a
child from a foreign country and bring
that child to the United States to
permanently live with them. The
intercountry adoption process is a
cooperative effort between USCIS and
the Department of State (DOS). USCIS
plays a vital role in the intercountry
adoption process by determining the
suitability and eligibility of a
prospective adoptive parent to adopt,
and by determining the eligibility of a
child to immigrate as an immediate
relative of a U.S. citizen under 8 U.S.C.
1101(b)(1)(F) or (G). USCIS receives and
adjudicates both domestic and
internationally-filed applications and
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petitions related to intercountry
adoptions. DHS delegated authority to
DOS to approve certain adoption-related
petitions on behalf of USCIS. The
Department of State also adjudicates the
application for an immigrant visa for the
child, which permits the child to
immigrate into the United States.
USCIS uses two information
technology (IT) systems to process
intercounty adoption filings, depending
on whether the intercounty adoption
application was filed domestically or
internationally. The USCIS National
Benefits Center (NBC) processes all
Hague and domestically-filed orphan
intercountry adoption filings. USCIS
uses the National Benefits Center’s
Adoption Case Management System
(ACMS) within the National Processing
Workflow Repository (NPWR) as the
case management system for
domestically filed intercountry
adoption-based applications and
petitions from receipt of the application
or petition to final adjudication. USCIS
uses the Case and Activity Management
for International Operations (CAMINO)
system to process applications and
petitions filed internationally with
USCIS international offices. Previously,
USCIS used the Secure Information
Management Service (SIMS) to track
and review intercountry adoption cases.
SIMS, however, did not fully meet the
case tracking requirements of the
intercountry adoption process. USCIS
decommissioned SIMS after the launch
of these systems.
USCIS is updating this system of
records to: (1) Identify the Adoptions
Case Management System (ACMS) and
Case and Activity Management for
International Operations (CAMINO) as
the information technology systems
used to process intercountry adoptionbased applications and petitions; (2)
update the categories of individuals in
the system to include other individuals
whose presence in the residence of the
prospective adoptive parent(s) (known
as the Adult Household Member) as
relevant to determine suitability; (3)
clarify the categories of record in the
system; (4) update the legal authorities
for the intercountry adoption
immigration process to include the
Intercountry Adoption Universal
Accreditation Act of 2012 (UAA) (Pub.
L. 112–276), which went into effect on
July 14, 2014; (5) reflect a reduced
retention period from 75 years to 25 and
15 years for internationally and
domestically, respectively, filed
intercountry adoption applications and
petitions; (6) update the sources of
records to include Hague petition and
application forms (i.e., Form I–800 and
Form I–800A); and (7) add Routine Use
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R, which permits the disclosure of
information to the Department of Health
and Human Services. Additionally, this
notice includes non-substantive changes
to simplify the formatting and text of the
previously published notices.
Consistent with DHS’s informationsharing mission, information stored in
the DHS/USCIS–005 Intercountry
Adoptions Security may be shared with
other DHS components that have a need
to know the information to carry out
their national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, when appropriate, information
may be shared with appropriate Federal,
State, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice
unless disclosure is otherwise
prohibited under the confidentiality
statutes, regulations, or policies
applicable to that information.
This updated system will be included
in DHS’s inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which Federal Government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
USCIS–005 Intercountry Adoptions
Security System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
System of Records
Department of Homeland Security
(DHS)/United States Citizenship and
Immigration Services (USCIS)-005
System name:
DHS/USCIS–005 Intercountry
Adoptions Security
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SECURITY CLASSIFICATION:
Unclassified, Sensitive.
SYSTEM LOCATION:
Intercountry adoption records are
maintained in the ACMS or CAMINO IT
systems and associated electronic and
paper files located at the USCIS NBC,
service centers, and domestic and
international field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include:
(1) All individuals, including the
applicant or petitioner (and spouse, if
married), seeking an intercountry
adoption through the Hague Adoption
Convention process or non-Hague
orphan process;
(2) All individuals who meet the
definition of an adult member of the
household; 1
(3) Any other individual whose
presence in the applicant’s or
petitioner’s residence is relevant to the
suitability of the prospective adoptive
parent(s) suitability to adopt;
(4) Representatives, including
attorneys, adoption service providers,
and form preparers, of the prospective
adoptive parent(s);
(5) Children being adopted; and
(6) Birth mothers, fathers, or
custodians of adopted children.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information about the prospective
adoptive parent(s) may include:
• Full Name;
• Alias(es);
• Gender;
• Physical and mailing address;
• Address abroad;
• Email address;
• Telephone number;
• Physical Description (e.g., height,
weight, eye color, hair color, race,
ethnicity, identifying marks like tattoos
or birthmarks);
• Biometric (i.e., fingerprints and
photographs) and other information
(i.e., race, ethnicity, weight, height, eye
color, hair color) collected to conduct
background checks;
1 Adult member of the household is defined as:
(1) Any individual, other than the applicant, who
has the same principal residence as the applicant
and who had reached his or her 18th birthday on
or before the date the form is filed; or (2) any person
who has not yet reached his or her 18th birthday
before the date the form is filed, or who does not
actually live at the same residence, but whose
presence in the residence is relevant to the issue of
suitability to adopt, if the officer adjudicating the
form concludes, based on the facts of the case, that
it is necessary to obtain an evaluation of how that
persons presence in the home affects the
determination whether the applicant is suitable as
the adoptive parent(s) of a Convention adoptee.
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• Date of birth;
• Country of birth;
• City of birth;
• State or Province of birth;
• Citizenship status;
• Naturalization history;
• Certificate of Citizenship or
Certificate of Naturalization Number;
• Residence status;
• Marital history and status;
• Spouse’s immigration status;
• USCIS Online Account Number;
• Social Security number (SSN);
• A-Number;
• USCIS Receipt/Case Number;
• Passport number;
• Country of adoption;
• Adoption filing history;
• Payments made and anticipated
future payments in relation to the
adoption;
• Criminal history;
• Photographs;
• Accommodations/Disabilities;
• Home study;
• Medical and Social History (e.g.,
vaccinations, referrals, communicable
diseases, physical or mental disorders); 2
• Financial Information (e.g., income,
expenses, scholarships, savings, assets,
property, financial support, supporter
information, life insurance, debts,
encumbrances, tax records);
• Supporting Documentation as
necessary (e.g., birth, marriage, divorce
certificates; licenses; academic
diplomas; academic transcripts; appeals
or motions to reopen or reconsider
decisions; explanatory statements;
deoxyribonucleic acid (DNA) results;
and unsolicited information submitted
voluntarily by the benefit requestor or
family members in support of a benefit
request);
• Proof of Citizenship (i.e., unexpired
passport, citizenship/naturalization
certificate, school records, census
records, church records, and affidavits);
• Proof of Marriage and termination
of previous marriages;
• Criminal and National Security
Background Check Results;
• Case Decision; and
• Signature.
Information about any adult members
of the household may include:
• Full Name;
• Alias(es);
• Gender;
• Mailing address;
• Email address;
• Telephone number;
• Date of birth;
• County of birth;
• State or Province of birth;
• City, Town, or Village of Birth;
• A-Number;
2 See
8 CFR 204.311(m)
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• SSN;
• Passport number;
• Relationship to Prospective
adoptive parent(s);
• Photographs;
• Physical Description (e.g., height,
weight, eye color, hair color, race,
ethnicity, identifying marks like tattoos
or birthmarks);
• Biometric (i.e., fingerprints and
photographs) and other information
(i.e., race, ethnicity, weight, height eye
color, hair color) collected to conduct
background checks;
• Criminal and National Security
background check results;
• Accommodations/Disabilities;
• Signature; and
• Email Address.
Information about the adoptive
beneficiary may include:
• Full Name at Birth;
• Full Name at Present;
• Alias;
• Date of birth;
• Gender;
• Country of birth
• City/Town/Village of Birth;
• Place of habitual residency;
• Present legal custodian;
• Present address;
• Address where the beneficiary will
reside;
• Parental history and custody
information (e.g., birthmothers, fathers,
or custodians of adopted children);
• Date of adoption;
• Country/Place of adoption;
• Physical or mental afflictions;
• Accommodations/disabilities;
• A-Number;
• Passport number;
• Relationship to prospective
adoptive parent, if any;
• Article 16 Report, which is an
official report from countries that are
party to the Hague Adoption
Convention, on a child’s psychological,
social, medical history, and reasons the
child is in need of an adoptive
placement;
• Supporting Documentation as
Necessary (e.g., birth certificate, appeals
or motions to reopen or reconsider
decisions, DNA results); and
• Case decision.
Information about birth mothers,
fathers, or custodians of adopted
children:
• Name;
• Date of birth;
• Relationship to adopted child(ren)
(e.g., living birth parent, surviving birth
parent, sole birth parent); and
• Supporting documentation (identity
information, death certificates, DNA test
results, description of how the child
beneficiary was abandoned or released
for adoption, consent to adoption,
adoption documentation, etc.).
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Information about the adoption
service providers and home study
preparers may include:
• Name;
• Organization name;
• Mailing address;
• Phone and Fax numbers;
• Email address;
• Accreditation or Approval status;
and
• Signature.
Information about the preparer may
include:
• Full name;
• Organization or Business name;
• Business State ID number;
• Employer Tax Identification
Number;
• Physical and Mailing addresses;
• Email address;
• Phone and fax numbers;
• Relationship to benefit requestor;
and
• Signature.
Information about the representative
may include:
• Name;
• Law firm/Recognized organization
name;
• Physical and Mailing addresses;
• Phone and fax numbers;
• Email address;
• USCIS Online Account Number;
• Attorney Bar Card Number or
equivalent;
• Bar Membership;
• Accreditation date;
• Source of Accreditation;
• Board of Immigration Appeals
Representative Accreditation;
• Expiration date;
• Law Practice Restriction
Explanation; and
• Signature.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The legal authorities for intercountry
adoption from Hague Adoption
Convention countries include the Hague
Adoption Convention, the Intercountry
Adoption Act of 2000, 8 U.S.C.
1101(b)(1)(G) (INA 101(b)(1)(G)), and 8
CFR 204.300–204.314. The legal
authorities for intercountry adoption for
non-Hague Adoption Convention
countries include the Intercountry
Adoption Universal Accreditation Act
of 2012, Consolidated Appropriations
Act of 2014 sec. 7083, 8 U.S.C.
1101(b)(1)(F) (INA 101(b)(1)(F)), and 8
CFR 204.3.
PURPOSE(S):
USCIS collects information on
prospective adoptive parents and other
associated individuals in order to assess
the suitability and eligibility of the
prospective adoptive parent(s) to adopt.
USCIS also collects information
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pertaining to the child to be adopted to
determine whether he or she is eligible
to immigrate as an immediate relative of
a U.S. citizen under INA sec.
101(b)(1)(F) or (G). USCIS collects
information on organizations that
facilitate the adoption process,
including law firms, home study
preparers, accredited agencies,
approved persons, exempted providers,
supervised providers, and other
adoption service providers so that
USCIS can track and verify those
entities that are authorized to
participate in the adoption process.
Finally, as a fraud monitoring tool,
USCIS collects available biographic
information relating to the birth parents
and the custodians of the children being
adopted.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Except as permitted by the Privacy
Act, 5 U.S.C. 552a and applicable
routine uses, USCIS may not disclose or
give access to any information or record
relating to any applicant, petitioner,
spouse (if married), or adult member of
the household to any individual or
entity other than that person, including
an accredited agency, approved person,
exempted provider, supervised
provider, or other adoption service
provider, absent written consent, as
provided by the Privacy Act, 5 U.S.C.
552a.
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3). Even
when a valid routine use permits
disclosure of information from this
system of records to a third party, in
some cases such disclosure may not be
permissible because of confidentiality
laws and policies that limit the sharing
of information regarding individuals
applying for certain immigration
benefits. These confidentiality
provisions may be subject to certain
exceptions which would allow for
disclosure, such as in the case of a
criminal or civil investigation.
A. To the Department of Justice (DOJ),
including Offices of the U.S. Attorneys,
or other federal agencies conducting
litigation or in proceedings before any
court, adjudicative, or administrative
body, when it is relevant or necessary to
the litigation and one of the following
is a party to the litigation or has an
interest in such litigation:
1. DHS or any component thereof;
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2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate federal, state,
local, tribal, territorial, international, or
foreign law enforcement agency or other
appropriate authority charged with
investigating or prosecuting a violation,
enforcing, or implementing a law, rule,
regulation, or order, when a record,
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either on its face or in conjunction with
other information, indicates a violation
or potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To clerks and judges of courts
exercising naturalization jurisdiction to
enable such courts to determine
eligibility for naturalization and
grounds for revocation of naturalization.
I. To DOS in the processing of visas,
applications, or petitions for benefits
under the INA, and all other
immigration and nationality laws
including treaties and reciprocal
agreements.
J. To an attorney or representative (as
defined in 8 CFR 1.2) who is acting on
behalf of an individual covered by this
system of records.
K. To appropriate federal, state, tribal,
and local government law enforcement
and regulatory agencies, foreign
governments, and international
organizations for example the
Department of Defense, the DOS, the
Department of the Treasury, the United
Nations, and INTERPOL and
individuals and organizations during
the course of an investigation by DHS or
the processing of a matter under DHS’s
jurisdiction, or during a proceeding
within the purview of the immigration
and nationality laws, when necessary to
elicit information required by DHS to
carry out its functions and statutory
mandates.
L. To an appropriate federal, state,
tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence,
whether civil or criminal, or charged
with investigating, prosecuting,
enforcing, or implementing civil or
criminal laws, related rules, regulations
or orders, to enable these entities to
carry out their law enforcement
responsibilities, including the collection
of law enforcement intelligence, and the
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
M. To an appropriate federal, state,
local, tribal, territorial, foreign, or
international agency, if the information
is relevant and necessary to a requesting
agencies decision concerning the hiring
or retention of an individual, or
issuance of a security clearance, license,
contract, grant, or other benefit, or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
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a license, grant, or other benefit and
when disclosure is appropriate to the
proper performance of the official duties
of the person making the request.
N. To a federal, state, or local
government agency, or employer
seeking to verify or ascertain the
citizenship or immigration status of any
individual within the jurisdiction of the
agency or employer for any purpose
authorized by law.
O. To the Social Security
Administration (SSA) for the purpose of
issuing a Social Security number and
card to an alien who has made a request
for a Social Security number as part of
the immigration process and in
accordance with any related agreements
in effect between the SSA, DHS, and the
DOS entered into pursuant to 20 CFR
422.103(b) (3); 422.103(c); and
422.106(a), or other relevant laws and
regulations.
P. To federal and foreign government
intelligence or counterterrorism
agencies or components when DHS
becomes aware of an indication of a
threat or potential threat to national or
international security, or when the
information is needed to assist in antiterrorism efforts and disclosure is
appropriate to the proper performance
of the official duties of the person
making the disclosure.
Q. To officials of other federal, state,
and local government agencies and
adoption agencies and social workers to
elicit information required for making a
final determination of the prospective
adoptive parent’s ability to care for a
beneficiary or the beneficiary’s
immigration eligibility.
R. To the Department of Health and
Human Services to obtain information
about children who are under its legal
custody and/or protection.
S. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute an unwarranted invasion of
personal privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
VerDate Sep<11>2014
16:27 Nov 07, 2016
Jkt 241001
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
DHS/USCIS stores records in this
system electronically or on paper in
secure facilities in a locked drawer or
behind a locked door. The records may
be stored on magnetic disc, tape, cloud
services, and digital media.
RETRIEVABILITY:
Records may be retrieved by an
individual’s name, date of birth,
address, A-Number, Receipt Number,
SSN, or a combination thereof.
SAFEGUARDS:
DHS/USCIS safeguards records
according to applicable rules and
policies, including all applicable DHS
automated systems security and access
policies. DHS/USCIS has imposed strict
controls 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:
DHS/USCIS stores the physical
documents (paper forms) and
supplemental documentation in the
Alien File and processes applications
and petitions in the respective DHS/
USCIS case management system.
Physical applications and supplemental
documentation is stored in the Alien
File. The A-File records are permanent
whether hard copy or electronic. USCIS
transfers the A-Files to the custody of
NARA 100 years after the individual’s
date of birth.
Electronic benefits information is
archived and disposed of in accordance
with NARA-approved retention
schedule for the respective USCIS case
management systems (CAMINO and
ACMS):
• Electronic data pertaining to
intercountry applications and petitions
filed internationally are electronically
stored in CAMINO. NARA approved the
CAMINO retention schedule [N1–566–
12–06] on April 17, 2013. CAMINO
retains records 25 years from the last
completed action.
• Electronic data pertaining to
intercountry applications and petitions
filed domestically are stored in ACMS.
USCIS is working with NARA to
develop a retention and disposal
schedule for data contained within
ACMS. USCIS proposal for retention
and disposal of these records is to store
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Sfmt 4703
and retain adoption related records for
15 years, during which time the records
will be archived. The 15 year retention
period is derived from the length of time
USCIS may interact with a customer.
SYSTEM MANAGER AND ADDRESS:
Assistant Center Director, Adoptions,
National Benefits Center, Overland Park,
KS 66213; and Director, Refugee,
Asylum, and International Operations
Directorate, 20 Massachusetts Avenue
NW., Washington, DC 20529.
NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the National
Records Center (NRC) FOIA/PA Office,
P.O. Box 648010, Lee’s Summit, MO
64064–8010. The NRC can be found at
https://www.dhs.gov/foia under
‘‘Contacts.’’ If an individual believes
more than one component maintains
Privacy Act (PA) records concerning
him or her, the individual may submit
the request to the Chief Privacy Officer
and Chief Freedom of Information Act
(FOIA) Officer, Department of
Homeland Security, 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/foia or 1–866–431–
0486. In addition, you should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
E:\FR\FM\08NON1.SGM
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Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices
individual certifying his/her agreement
for you to access his/her records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
mstockstill on DSK3G9T082PROD with NOTICES
RECORD SOURCE CATEGORIES:
Information contained in this system
of records is primarily supplied by
prospective adoptive parents and adult
members of the household on forms
associated with either the Hague
Adoption Convention process or the
orphan intercountry adoption process.
These application and petition forms
include:
• Form I–600, Petition to Classify
Orphan as an Immediate Relative
• Form I–600A, Application for
Advance Processing of Orphan Petition
• Form I–600A/Form I–600,
Supplement 1 (Listing of Adult Member
of the Household)
• Form I–800, Petition to Classify
Convention Adoptee as an Immediate
Relative
• Form I–800A, Application for
Determination of Suitability to Adopt a
Child from Convention Country
• Form I–800A Supplement 1 (Listing
of Adult Member of the Household)
• Form I–800A Supplement 2
(Consent to Disclose Information)
• Form I–800A Supplement 3
(Request for Action on Approved Form
I–800A)
Information contained in this system
of records is also obtained through
representatives of prospective adoptive
parents and other organizations
involved in an intercountry adoption
case including information from the
child’s country of origin; the home
study prepared by an authorized home
study preparer submitted to USCIS in
furtherance of the intercountry adoption
immigration process; interviews
performed by authorized USCIS and
DOS personnel of individuals seeking to
adopt; and data obtained from other
DHS and non-DHS federal agency’s
systems and databases, including the
Federal Bureau of Investigation, DOS,
and U.S. Customs and Border
Protection.
Specifically, Intercountry Adoptions
Security stores and uses information
from the following USCIS, DHS, and
other federal agency systems of records:
• DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
VerDate Sep<11>2014
16:27 Nov 07, 2016
Jkt 241001
System of Records, 78 FR 69864
(November 21, 2013);
• DHS/USCIS–002 Background Check
Service, 72 FR 31082 (June 5, 2007);
• DHS/USCIS–003 Biometric Storage
System, 72 FR 17172 (April 6, 2007);
• DHS/USCIS–006 Fraud Detection
and National Security Records (FDNS)
77 FR 47411 (August 8, 2012);
• DHS/USCIS–007 Benefit
Information System, 81 FR 72069,
(October 19, 2016)
• DHS/CBP–011 U.S. Customs and
Border Protection TECS, 73 FR 77778
(December 19, 2008);
• DHS/CBP–021 Arrival and
Departure Information System (ADIS),
80 FR 72081 (November 18, 2015);
• DHS/NPPD–004 DHS Automated
Biometric Identification System
(IDENT), 72 FR 31080 (June 5, 2007);
• JUSTICE/FBI–002 The FBI Central
Records System, 72 FR 3410 (January
25, 2007);
• JUSTICE/FBI–009 Fingerprint
Identification Records System (FIRS), 72
FR 3410 (January 25, 2007);
• STATE–05 Overseas Citizens
Services Records, 73 FR 24343 (May 2,
2008);
• STATE–26 Passport Records, 76 FR
34966 (July 6, 2011); and
• STATE–39 Visa Records, 77 FR
65245 (October 25, 2012).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: October 27, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–26498 Filed 11–7–16; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2016–0076]
Privacy Act of 1974; Department of
Homeland Security United States
Citizenship and Immigration Services–
004 Systematic Alien Verification for
Entitlements Program System of
Records
Department of Homeland
Security, Privacy Office.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
update and reissue a current DHS
system of records titled, ‘‘DHS/United
States Citizenship and Immigration
SUMMARY:
PO 00000
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Sfmt 4703
78619
Services (USCIS)–004 Systematic Alien
Verification for Entitlements (SAVE)
Program’’ system of records. DHS/
USCIS collects, uses, and maintains the
SAVE Program records on noncitizen
applicants for public benefits, licenses,
grants, governmental credentials, or
other statutorily authorized purposes.
DHS/USCIS is updating this system of
records to: (1) Update the category of
individuals to include sponsors listed
on the Form I–864 Affidavit of Support
Under Section 213A of the Act; (2)
expand the categories of records to
clarify the data elements that USCIS
collects from benefit requestors, spouse,
and children; the Dun & Bradstreet Data
Universal Numbering System (DUNS)
number of the benefit granting agency;
and information collected from the
benefit-issuing agency about users
accessing the system to facilitate
immigration status verification; (3) add
new routine use (I) to account for
disclosure to airport operators as
authorized by the FAA Extension,
Safety, and Security Act of 2016; (4)
expand and add additional record
source categories; and (5) explain that
this system of records contains records
from systems of records that may claim
exemptions and DHS will comply with
the record source system exemptions
when relevant. Additionally, this notice
includes non-substantive changes to
simplify the formatting and text of the
previously published notice.
This updated system will be included
in the Department of Homeland
Security’s inventory of record systems.
DATES: Submit comments on or before
December 8, 2016. This updated system
will be effective December 8, 2016.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2016–0076 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, please visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
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[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Pages 78614-78619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26498]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2016-0071]
Privacy Act of 1974; Department of Homeland Security United
States Citizenship and Immigration Services-005 Intercountry Adoptions
Security System of Records
AGENCY: Department of Homeland Security, Privacy Office.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to update and reissue a current DHS
system of records titled, ``DHS/United States Citizenship and
Immigration Services (USCIS)-005 Intercountry Adoptions Security''
system of records. DHS/USCIS collects, uses, and maintains Intercountry
Adoptions Security records on prospective adoptive parents and other
individuals associated with an intercountry adoption-related
application or petition.
DHS/USCIS is updating this system of records to: Clarify the
information technology used to process intercountry adoption-based
applications and petitions; update the categories of individuals in the
system; clarify the categories of records in the system; update the
legal authorities for the intercountry adoption immigration process
from countries that are party to the Hague Convention on Protection of
Children and Co-operation in Respect of Intercountry Adoption (Hague
Adoption Convention) and from non-Hague Adoption Convention (orphan)
countries; reflect an increased retention period for intercountry
adoption records; include all sources of records for adoption-based
forms used in the Hague Adoption Convention process and non-Hague
(orphan) process; and add Routine Use R, which permits the disclosure
of information to the Department of Health and Human Services.
Additionally, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice.
This updated system will be included in the Department of Homeland
Security's inventory of record systems.
DATES: Submit comments on or before December 8, 2016. This updated
system will be effective December 8, 2016.
ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0071 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, please visit 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 questions, please contact: Jonathan R. Cantor, (202)
343-1717, Acting 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 DHS/
USCIS proposes to update and reissue a current DHS system of records
titled, ``DHS/USCIS-005 Intercountry Adoptions Security'' system of
records.
DHS/USCIS oversees certain intercountry adoption-related requests
from U.S. citizens seeking to adopt a child from a foreign country and
bring that child to the United States to permanently live with them.
The intercountry adoption process is a cooperative effort between USCIS
and the Department of State (DOS). USCIS plays a vital role in the
intercountry adoption process by determining the suitability and
eligibility of a prospective adoptive parent to adopt, and by
determining the eligibility of a child to immigrate as an immediate
relative of a U.S. citizen under 8 U.S.C. 1101(b)(1)(F) or (G). USCIS
receives and adjudicates both domestic and internationally-filed
applications and
[[Page 78615]]
petitions related to intercountry adoptions. DHS delegated authority to
DOS to approve certain adoption-related petitions on behalf of USCIS.
The Department of State also adjudicates the application for an
immigrant visa for the child, which permits the child to immigrate into
the United States.
USCIS uses two information technology (IT) systems to process
intercounty adoption filings, depending on whether the intercounty
adoption application was filed domestically or internationally. The
USCIS National Benefits Center (NBC) processes all Hague and
domestically-filed orphan intercountry adoption filings. USCIS uses the
National Benefits Center's Adoption Case Management System (ACMS)
within the National Processing Workflow Repository (NPWR) as the case
management system for domestically filed intercountry adoption-based
applications and petitions from receipt of the application or petition
to final adjudication. USCIS uses the Case and Activity Management for
International Operations (CAMINO) system to process applications and
petitions filed internationally with USCIS international offices.
Previously, USCIS used the Secure Information Management Service (SIMS)
to track and review intercountry adoption cases. SIMS, however, did not
fully meet the case tracking requirements of the intercountry adoption
process. USCIS decommissioned SIMS after the launch of these systems.
USCIS is updating this system of records to: (1) Identify the
Adoptions Case Management System (ACMS) and Case and Activity
Management for International Operations (CAMINO) as the information
technology systems used to process intercountry adoption-based
applications and petitions; (2) update the categories of individuals in
the system to include other individuals whose presence in the residence
of the prospective adoptive parent(s) (known as the Adult Household
Member) as relevant to determine suitability; (3) clarify the
categories of record in the system; (4) update the legal authorities
for the intercountry adoption immigration process to include the
Intercountry Adoption Universal Accreditation Act of 2012 (UAA) (Pub.
L. 112-276), which went into effect on July 14, 2014; (5) reflect a
reduced retention period from 75 years to 25 and 15 years for
internationally and domestically, respectively, filed intercountry
adoption applications and petitions; (6) update the sources of records
to include Hague petition and application forms (i.e., Form I-800 and
Form I-800A); and (7) add Routine Use R, which permits the disclosure
of information to the Department of Health and Human Services.
Additionally, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notices.
Consistent with DHS's information-sharing mission, information
stored in the DHS/USCIS-005 Intercountry Adoptions Security may be
shared with other DHS components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, when appropriate, information may be shared with appropriate
Federal, State, local, tribal, territorial, foreign, or international
government agencies consistent with the routine uses set forth in this
system of records notice unless disclosure is otherwise prohibited
under the confidentiality statutes, regulations, or policies applicable
to that information.
This updated system will be included in DHS's inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/USCIS-005 Intercountry
Adoptions Security System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
Department of Homeland Security (DHS)/United States Citizenship and
Immigration Services (USCIS)-005
System name:
DHS/USCIS-005 Intercountry Adoptions Security
Security classification:
Unclassified, Sensitive.
System location:
Intercountry adoption records are maintained in the ACMS or CAMINO
IT systems and associated electronic and paper files located at the
USCIS NBC, service centers, and domestic and international field
offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
(1) All individuals, including the applicant or petitioner (and
spouse, if married), seeking an intercountry adoption through the Hague
Adoption Convention process or non-Hague orphan process;
(2) All individuals who meet the definition of an adult member of
the household; \1\
---------------------------------------------------------------------------
\1\ Adult member of the household is defined as: (1) Any
individual, other than the applicant, who has the same principal
residence as the applicant and who had reached his or her 18th
birthday on or before the date the form is filed; or (2) any person
who has not yet reached his or her 18th birthday before the date the
form is filed, or who does not actually live at the same residence,
but whose presence in the residence is relevant to the issue of
suitability to adopt, if the officer adjudicating the form
concludes, based on the facts of the case, that it is necessary to
obtain an evaluation of how that persons presence in the home
affects the determination whether the applicant is suitable as the
adoptive parent(s) of a Convention adoptee.
---------------------------------------------------------------------------
(3) Any other individual whose presence in the applicant's or
petitioner's residence is relevant to the suitability of the
prospective adoptive parent(s) suitability to adopt;
(4) Representatives, including attorneys, adoption service
providers, and form preparers, of the prospective adoptive parent(s);
(5) Children being adopted; and
(6) Birth mothers, fathers, or custodians of adopted children.
Categories of records in the system:
Information about the prospective adoptive parent(s) may include:
Full Name;
Alias(es);
Gender;
Physical and mailing address;
Address abroad;
Email address;
Telephone number;
Physical Description (e.g., height, weight, eye color,
hair color, race, ethnicity, identifying marks like tattoos or
birthmarks);
Biometric (i.e., fingerprints and photographs) and other
information (i.e., race, ethnicity, weight, height, eye color, hair
color) collected to conduct background checks;
[[Page 78616]]
Date of birth;
Country of birth;
City of birth;
State or Province of birth;
Citizenship status;
Naturalization history;
Certificate of Citizenship or Certificate of
Naturalization Number;
Residence status;
Marital history and status;
Spouse's immigration status;
USCIS Online Account Number;
Social Security number (SSN);
A-Number;
USCIS Receipt/Case Number;
Passport number;
Country of adoption;
Adoption filing history;
Payments made and anticipated future payments in relation
to the adoption;
Criminal history;
Photographs;
Accommodations/Disabilities;
Home study;
Medical and Social History (e.g., vaccinations, referrals,
communicable diseases, physical or mental disorders); \2\
---------------------------------------------------------------------------
\2\ See 8 CFR 204.311(m)
---------------------------------------------------------------------------
Financial Information (e.g., income, expenses,
scholarships, savings, assets, property, financial support, supporter
information, life insurance, debts, encumbrances, tax records);
Supporting Documentation as necessary (e.g., birth,
marriage, divorce certificates; licenses; academic diplomas; academic
transcripts; appeals or motions to reopen or reconsider decisions;
explanatory statements; deoxyribonucleic acid (DNA) results; and
unsolicited information submitted voluntarily by the benefit requestor
or family members in support of a benefit request);
Proof of Citizenship (i.e., unexpired passport,
citizenship/naturalization certificate, school records, census records,
church records, and affidavits);
Proof of Marriage and termination of previous marriages;
Criminal and National Security Background Check Results;
Case Decision; and
Signature.
Information about any adult members of the household may include:
Full Name;
Alias(es);
Gender;
Mailing address;
Email address;
Telephone number;
Date of birth;
County of birth;
State or Province of birth;
City, Town, or Village of Birth;
A-Number;
SSN;
Passport number;
Relationship to Prospective adoptive parent(s);
Photographs;
Physical Description (e.g., height, weight, eye color,
hair color, race, ethnicity, identifying marks like tattoos or
birthmarks);
Biometric (i.e., fingerprints and photographs) and other
information (i.e., race, ethnicity, weight, height eye color, hair
color) collected to conduct background checks;
Criminal and National Security background check results;
Accommodations/Disabilities;
Signature; and
Email Address.
Information about the adoptive beneficiary may include:
Full Name at Birth;
Full Name at Present;
Alias;
Date of birth;
Gender;
Country of birth
City/Town/Village of Birth;
Place of habitual residency;
Present legal custodian;
Present address;
Address where the beneficiary will reside;
Parental history and custody information (e.g.,
birthmothers, fathers, or custodians of adopted children);
Date of adoption;
Country/Place of adoption;
Physical or mental afflictions;
Accommodations/disabilities;
A-Number;
Passport number;
Relationship to prospective adoptive parent, if any;
Article 16 Report, which is an official report from
countries that are party to the Hague Adoption Convention, on a child's
psychological, social, medical history, and reasons the child is in
need of an adoptive placement;
Supporting Documentation as Necessary (e.g., birth
certificate, appeals or motions to reopen or reconsider decisions, DNA
results); and
Case decision.
Information about birth mothers, fathers, or custodians of adopted
children:
Name;
Date of birth;
Relationship to adopted child(ren) (e.g., living birth
parent, surviving birth parent, sole birth parent); and
Supporting documentation (identity information, death
certificates, DNA test results, description of how the child
beneficiary was abandoned or released for adoption, consent to
adoption, adoption documentation, etc.).
Information about the adoption service providers and home study
preparers may include:
Name;
Organization name;
Mailing address;
Phone and Fax numbers;
Email address;
Accreditation or Approval status; and
Signature.
Information about the preparer may include:
Full name;
Organization or Business name;
Business State ID number;
Employer Tax Identification Number;
Physical and Mailing addresses;
Email address;
Phone and fax numbers;
Relationship to benefit requestor; and
Signature.
Information about the representative may include:
Name;
Law firm/Recognized organization name;
Physical and Mailing addresses;
Phone and fax numbers;
Email address;
USCIS Online Account Number;
Attorney Bar Card Number or equivalent;
Bar Membership;
Accreditation date;
Source of Accreditation;
Board of Immigration Appeals Representative Accreditation;
Expiration date;
Law Practice Restriction Explanation; and
Signature.
Authority for maintenance of the system:
The legal authorities for intercountry adoption from Hague Adoption
Convention countries include the Hague Adoption Convention, the
Intercountry Adoption Act of 2000, 8 U.S.C. 1101(b)(1)(G) (INA
101(b)(1)(G)), and 8 CFR 204.300-204.314. The legal authorities for
intercountry adoption for non-Hague Adoption Convention countries
include the Intercountry Adoption Universal Accreditation Act of 2012,
Consolidated Appropriations Act of 2014 sec. 7083, 8 U.S.C.
1101(b)(1)(F) (INA 101(b)(1)(F)), and 8 CFR 204.3.
Purpose(s):
USCIS collects information on prospective adoptive parents and
other associated individuals in order to assess the suitability and
eligibility of the prospective adoptive parent(s) to adopt. USCIS also
collects information
[[Page 78617]]
pertaining to the child to be adopted to determine whether he or she is
eligible to immigrate as an immediate relative of a U.S. citizen under
INA sec. 101(b)(1)(F) or (G). USCIS collects information on
organizations that facilitate the adoption process, including law
firms, home study preparers, accredited agencies, approved persons,
exempted providers, supervised providers, and other adoption service
providers so that USCIS can track and verify those entities that are
authorized to participate in the adoption process. Finally, as a fraud
monitoring tool, USCIS collects available biographic information
relating to the birth parents and the custodians of the children being
adopted.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Except as permitted by the Privacy Act, 5 U.S.C. 552a and
applicable routine uses, USCIS may not disclose or give access to any
information or record relating to any applicant, petitioner, spouse (if
married), or adult member of the household to any individual or entity
other than that person, including an accredited agency, approved
person, exempted provider, supervised provider, or other adoption
service provider, absent written consent, as provided by the Privacy
Act, 5 U.S.C. 552a.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3). Even when a valid routine
use permits disclosure of information from this system of records to a
third party, in some cases such disclosure may not be permissible
because of confidentiality laws and policies that limit the sharing of
information regarding individuals applying for certain immigration
benefits. These confidentiality provisions may be subject to certain
exceptions which would allow for disclosure, such as in the case of a
criminal or civil investigation.
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other federal agencies conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) that rely upon
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, local, tribal, territorial,
international, or foreign law enforcement agency or other appropriate
authority charged with investigating or prosecuting a violation,
enforcing, or implementing a law, rule, regulation, or order, when a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
H. To clerks and judges of courts exercising naturalization
jurisdiction to enable such courts to determine eligibility for
naturalization and grounds for revocation of naturalization.
I. To DOS in the processing of visas, applications, or petitions
for benefits under the INA, and all other immigration and nationality
laws including treaties and reciprocal agreements.
J. To an attorney or representative (as defined in 8 CFR 1.2) who
is acting on behalf of an individual covered by this system of records.
K. To appropriate federal, state, tribal, and local government law
enforcement and regulatory agencies, foreign governments, and
international organizations for example the Department of Defense, the
DOS, the Department of the Treasury, the United Nations, and INTERPOL
and individuals and organizations during the course of an investigation
by DHS or the processing of a matter under DHS's jurisdiction, or
during a proceeding within the purview of the immigration and
nationality laws, when necessary to elicit information required by DHS
to carry out its functions and statutory mandates.
L. To an appropriate federal, state, tribal, local, or foreign
government agency or organization, or international organization,
lawfully engaged in collecting law enforcement intelligence, whether
civil or criminal, or charged with investigating, prosecuting,
enforcing, or implementing civil or criminal laws, related rules,
regulations or orders, to enable these entities to carry out their law
enforcement responsibilities, including the collection of law
enforcement intelligence, and the disclosure is appropriate to the
proper performance of the official duties of the person making the
disclosure.
M. To an appropriate federal, state, local, tribal, territorial,
foreign, or international agency, if the information is relevant and
necessary to a requesting agencies decision concerning the hiring or
retention of an individual, or issuance of a security clearance,
license, contract, grant, or other benefit, or if the information is
relevant and necessary to a DHS decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
reporting of an investigation of an employee, the letting of a
contract, or the issuance of
[[Page 78618]]
a license, grant, or other benefit and when disclosure is appropriate
to the proper performance of the official duties of the person making
the request.
N. To a federal, state, or local government agency, or employer
seeking to verify or ascertain the citizenship or immigration status of
any individual within the jurisdiction of the agency or employer for
any purpose authorized by law.
O. To the Social Security Administration (SSA) for the purpose of
issuing a Social Security number and card to an alien who has made a
request for a Social Security number as part of the immigration process
and in accordance with any related agreements in effect between the
SSA, DHS, and the DOS entered into pursuant to 20 CFR 422.103(b) (3);
422.103(c); and 422.106(a), or other relevant laws and regulations.
P. To federal and foreign government intelligence or
counterterrorism agencies or components when DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or when the information is needed to assist in anti-terrorism
efforts and disclosure is appropriate to the proper performance of the
official duties of the person making the disclosure.
Q. To officials of other federal, state, and local government
agencies and adoption agencies and social workers to elicit information
required for making a final determination of the prospective adoptive
parent's ability to care for a beneficiary or the beneficiary's
immigration eligibility.
R. To the Department of Health and Human Services to obtain
information about children who are under its legal custody and/or
protection.
S. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
DHS/USCIS stores records in this system electronically or on paper
in secure facilities in a locked drawer or behind a locked door. The
records may be stored on magnetic disc, tape, cloud services, and
digital media.
Retrievability:
Records may be retrieved by an individual's name, date of birth,
address, A-Number, Receipt Number, SSN, or a combination thereof.
Safeguards:
DHS/USCIS safeguards records according to applicable rules and
policies, including all applicable DHS automated systems security and
access policies. DHS/USCIS has imposed strict controls 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:
DHS/USCIS stores the physical documents (paper forms) and
supplemental documentation in the Alien File and processes applications
and petitions in the respective DHS/USCIS case management system.
Physical applications and supplemental documentation is stored in the
Alien File. The A-File records are permanent whether hard copy or
electronic. USCIS transfers the A-Files to the custody of NARA 100
years after the individual's date of birth.
Electronic benefits information is archived and disposed of in
accordance with NARA-approved retention schedule for the respective
USCIS case management systems (CAMINO and ACMS):
Electronic data pertaining to intercountry applications
and petitions filed internationally are electronically stored in
CAMINO. NARA approved the CAMINO retention schedule [N1-566-12-06] on
April 17, 2013. CAMINO retains records 25 years from the last completed
action.
Electronic data pertaining to intercountry applications
and petitions filed domestically are stored in ACMS. USCIS is working
with NARA to develop a retention and disposal schedule for data
contained within ACMS. USCIS proposal for retention and disposal of
these records is to store and retain adoption related records for 15
years, during which time the records will be archived. The 15 year
retention period is derived from the length of time USCIS may interact
with a customer.
System Manager and address:
Assistant Center Director, Adoptions, National Benefits Center,
Overland Park, KS 66213; and Director, Refugee, Asylum, and
International Operations Directorate, 20 Massachusetts Avenue NW.,
Washington, DC 20529.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the National Records Center (NRC)
FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO 64064-8010. The NRC
can be found at https://www.dhs.gov/foia under ``Contacts.'' If an
individual believes more than one component maintains Privacy Act (PA)
records concerning him or her, the individual may submit the request to
the Chief Privacy Officer and Chief Freedom of Information Act (FOIA)
Officer, Department of Homeland Security, 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/foia or 1-866-431-0486. In addition, you should:
Explain why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If your request is seeking records pertaining to another living
individual, you must include a statement from that
[[Page 78619]]
individual certifying his/her agreement for you to access his/her
records.
Without the above information, the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Information contained in this system of records is primarily
supplied by prospective adoptive parents and adult members of the
household on forms associated with either the Hague Adoption Convention
process or the orphan intercountry adoption process. These application
and petition forms include:
Form I-600, Petition to Classify Orphan as an Immediate
Relative
Form I-600A, Application for Advance Processing of Orphan
Petition
Form I-600A/Form I-600, Supplement 1 (Listing of Adult
Member of the Household)
Form I-800, Petition to Classify Convention Adoptee as an
Immediate Relative
Form I-800A, Application for Determination of Suitability
to Adopt a Child from Convention Country
Form I-800A Supplement 1 (Listing of Adult Member of the
Household)
Form I-800A Supplement 2 (Consent to Disclose Information)
Form I-800A Supplement 3 (Request for Action on Approved
Form I-800A)
Information contained in this system of records is also obtained
through representatives of prospective adoptive parents and other
organizations involved in an intercountry adoption case including
information from the child's country of origin; the home study prepared
by an authorized home study preparer submitted to USCIS in furtherance
of the intercountry adoption immigration process; interviews performed
by authorized USCIS and DOS personnel of individuals seeking to adopt;
and data obtained from other DHS and non-DHS federal agency's systems
and databases, including the Federal Bureau of Investigation, DOS, and
U.S. Customs and Border Protection.
Specifically, Intercountry Adoptions Security stores and uses
information from the following USCIS, DHS, and other federal agency
systems of records:
DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File
Tracking System of Records, 78 FR 69864 (November 21, 2013);
DHS/USCIS-002 Background Check Service, 72 FR 31082 (June
5, 2007);
DHS/USCIS-003 Biometric Storage System, 72 FR 17172 (April
6, 2007);
DHS/USCIS-006 Fraud Detection and National Security
Records (FDNS) 77 FR 47411 (August 8, 2012);
DHS/USCIS-007 Benefit Information System, 81 FR 72069,
(October 19, 2016)
DHS/CBP-011 U.S. Customs and Border Protection TECS, 73 FR
77778 (December 19, 2008);
DHS/CBP-021 Arrival and Departure Information System
(ADIS), 80 FR 72081 (November 18, 2015);
DHS/NPPD-004 DHS Automated Biometric Identification System
(IDENT), 72 FR 31080 (June 5, 2007);
JUSTICE/FBI-002 The FBI Central Records System, 72 FR 3410
(January 25, 2007);
JUSTICE/FBI-009 Fingerprint Identification Records System
(FIRS), 72 FR 3410 (January 25, 2007);
STATE-05 Overseas Citizens Services Records, 73 FR 24343
(May 2, 2008);
STATE-26 Passport Records, 76 FR 34966 (July 6, 2011); and
STATE-39 Visa Records, 77 FR 65245 (October 25, 2012).
Exemptions claimed for the system:
None.
Dated: October 27, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-26498 Filed 11-7-16; 8:45 am]
BILLING CODE 9111-97-P