Privacy Act of 1974; System of Records, 54622-54629 [2019-22156]
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
Smislova, Melissa
Smith, Brenda B.
Smith, Frederick B.
Smith, Stewart D.
Spero, James
Spradlin, Ryan L.
Staton, Jack P.
Stephens, Celisa M.
Stiefel, Nathaniel I.
Stough, Michael S.
Sulc, Brian
Sutherland, Dan W.
Swain, Donald R.
Swartz, Neal J.
Sykes, Gwendolyn
Taylor, Clothilda
Taylor, Robin M.
Teeple, Brian
Thompson, John E.
Thompson, Kirt
Tomney, Christopher J.
Travis, Matthew K.
Ulrich II, Dennis A.
Valverde, Michael
Van Houten, Ann
Velarde, Barbara Q.
Venture, Veronica
Villanueva, Raymond
Wade, David S.
Wagner, John P.
Wallen, Steven
Walters, Thomas J.
Walton, Kimberly H.
Ware, Bryan S.
Wasowicz, John A.
Watkins, Tracey
Watson, Andre R.
Whalen, Mary Kate
Wheaton, Kelly D.
Whittenburg, Cynthia F.
Wolf, Chad
Wong, Ricardo A.
Wong, Sharon M.
Wonnenberg, David
Wright, Christopher J.
Wuco, Frank
Yarwood, Susan A.
Young, Edward E.
Zangardi, John A.
Zuckowski, Laura B.
Mulligan, George D.
Murphy, Brian J.
Murray, James M.
Muzyka, Carolyn L.
Nally, Kevin J.
Nelson, Mickey
Neufeld, Donald W.
Neumann, Elizabeth
Neumeister, James
Nevano, Gregory C.
Newsome III, Leonza
Nuebel Kovarik, Kathy
Nunan, Joanna M.
Ondocin, Michael A.
Owen, Todd C.
Padilla, Kenneth
Palmer, David J.
Paramore, Faron K.
Parker, Debra F.
Paschall, Robert D.
Patel, Kalpesh A.
Patterson, Leonard E.
Paul, Kshemendra
Perazzo, Stephen F.
Perez, Nelson
Perez, Robert E.
Perryman, Janet J.
Piccone, Colleen C.
Pietropaoli, Lori A.
Pineiro, Marlen
Podonsky, Glenn S.
Pohlman, Teresa R.
Porto, Victoria
Price, Corey A.
Prince, David A.
Prosnitz, Susan M.
Provost, Carla L.
Quinn, Cameron
Rabin, John L.
Raymond, John J.
Renaud, Daniel M.
Renaud, Tracy L.
Rexrode, Kathryn S.
Richardson, Gregory A.
Ries, Lora L.
Riordan, Denis C.
Robbins, Timothy S.
Robinson, Terri A.
Rodi III, Louis A.
Rodriguez, Waldemar
Roessler, John E.
Rogers, Debra A.
Roncone, Stephen A.
Rosenberg, Ronald M.
Rosenblum, Marc R.
Roth, Aaron E.
Roy, Donna M.
Ruppel, Joanna
Rynes, Joel C.
Sahakian, Diane V.
Salazar, Rebecca A.
Salazar, Ronald M.
Saltalamachea, Michael
Salvano-Dunn, Dana
Saunders, Ian C.
Scott, Kika M.
Selby, Cara M.
Sellers, Frederick E.
Sevier, Adrian
Seymour, Donna K.
Shah, Dimple
Shaw, David C.
Short, Tracy L.
Short, Victoria D.
Sibley, Matthew W.
Sloan, Terry G.
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Homeland Security (DHS) proposes to
modify and reissue a current DHS
system of records titled, ‘‘DHS/U.S.
Citizenship and Immigration Services
(USCIS)-007 Benefits Information
System.’’ This system of records
describes DHS/USCIS collection,
maintenance, processing, and
adjudication of naturalization, lawful
permanent residence, and other
immigrant and nonimmigrant
immigration-related requests
(hereinafter collectively referred to as
‘‘immigration requests’’) submitted to
USCIS in accordance with U.S.
immigration law. DHS/USCIS also uses
the records contained in the Benefits
Information System (BIS) to prevent
individuals from fraudulently obtaining
immigration and naturalization benefits
and to deny immigration and
naturalization requests submitted by
individuals who pose national security
or public safety threats. The BIS may
also be used in support of employee
performance and production reporting
purposes, as well as track an employee
or contractor’s workload and efficiency
in processing a particular immigration
request, managing workloads, and
providing statistical analyses to USCIS
leadership.
Submit comments on or before
November 12, 2019. This modified
system will be effective upon
publication. New or modified routine
uses will be effective November 12,
2019.
DATES:
Dated: October 2, 2019.
Greg Ruocco,
Manager, Executive Resources Policy, Office
of the Chief Human Capital Officer.
[FR Doc. 2019–22155 Filed 10–9–19; 8:45 am]
BILLING CODE 9112–FC–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2019–0042]
Privacy Act of 1974; System of
Records
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice of a Modified System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
SUMMARY:
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You may submit comments,
identified by docket number DHS–
2019–0042 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 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number DHS–2019–0042. 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.
ADDRESSES:
For
general questions, please contact:
Donald K. Hawkins, (202) 272–8030,
uscis.privacycompliance@uscis.dhs.gov,
Privacy Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
Avenue NW, Washington, DC 20529.
For privacy questions, please contact:
Jonathan R. Cantor, (202) 343–1717,
Privacy@hq.dhs.gov, Acting Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) U.S.
Citizenship and Immigration Services
(USCIS) proposes to modify and reissue
a current DHS system of records titled,
‘‘DHS/USCIS–007 Benefits Information
System.’’
DHS/USCIS oversees lawful
immigration and non-immigration to the
United States and is responsible for the
administration of immigration, nonimmigration, and naturalization
adjudication functions and for
establishing many immigration policies
and priorities. In executing its mission,
DHS/USCIS performs functions that
include the intake, review, and
adjudication of the following types of
benefits:
(1) Family-Based;
(2) Employment-Based;
(3) Humanitarian-Based;
(4) Adoption-Based; and
(5) Citizenship and NaturalizationBased.
The BIS System of Records Notice
(SORN) covers the processing of
immigrant and nonimmigrant
immigration-related requests.1 The
Secretary of Homeland Security also has
the discretion to review and grant other
types of immigration requests.2 The BIS
SORN is specific to USCIS’s collection,
use, maintenance, dissemination, and
storage of immigration-related request
information, including case processing
and decisional data.3 USCIS records
case processing information, such as
date the immigration related request
was filed or received by USCIS, request
status, location of record, other control
number (when applicable), fee receipt
data, status of USCIS appointments and
interviews, date of issuance of a notice,
1 This SORN covers all immigrant and
nonimmigrant benefit requests, with the exception
of requests for asylum, refugee, and intercountry
adoption.
2 For example, USCIS reviews applications for
Deferred Action. Deferred Action is a discretionary
determination to defer a deportation of an
individual as an act of prosecutorial discretion.
Deferred Action can be granted by USCIS or a
federal immigration judge.
3 The Immigration Biometric Background Check
SORN covers the background check process, while
the Benefits Information System SORN covers the
storage of background check results. See 83 FR
36950 (July 31, 2018).
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and whether the request form was
referred to the Fraud Detection and
National Security Directorate for review.
Decisional data such as an approval/
denial code is also stored in BIS.
Information within BIS may also be
stored in an immigration file (such as an
Alien File).4
DHS/USCIS is publishing this
modified system of records notice to
make several changes for transparency
and to describe new initiatives. The
purpose of this SORN has been
expanded to track an employee or
contractor’s workload and efficiency in
processing a particular benefit request,
managing workloads, and providing
statistical analyses to USCIS leadership.
The categories of individuals covered
by this SORN has been expanded to
include prospective accredited
representatives seeking to be recognized
by the Board of Immigration Appeals, as
well as add a new category to cover the
collection, maintenance, and use of
obligors (surety) and their agents.
New categories of records have been
added relating to immigration
requestors, which includes country of
residence; credit scores and reports;
public benefit application, receipt, and
certification for receipt information;
publicly available social media
information and other publicly available
information, which may be collected
during the course of the benefit
adjudication process. New categories of
records have been added relating to
attorneys and current and/or
prospective representatives, which
includes USCIS Online Account
Number, other identifying numbers
(e.g., Attorney Bar Number or
equivalent), educational and training
history, work history and qualifications,
academic and professional
achievements, and letters of
recommendations. New categories of
records have been added relating to
bond obligors and their agents including
name, identification number(s), contact
information (including address,
telephone number, email address),
signature, and power of attorney.
Biometric information and background
check results have been removed from
remove existing categories of records
relating to immigration requestors,
derivatives, and family members
because they are covered under DHS/
4 The Alien File or A-File is the official record
regarding the transactions of an individual as he or
she passes through the U.S. immigration and
inspection process. The Alien File contains
information relating to immigration benefits
processing, protection of national security, and
administering and enforcing immigration and
nationality laws and related statutes.
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USCIS–018 Immigration Biometric and
Background Check SORN.
DHS/USCIS–017 Refugee Case
Processing and Security Screening
Information SORN and DHS/USCIS–018
Immigration Biometric and Background
Check SORN have been added as record
source categories, and DHS/USCIS–002
Background Check Service SORN and
DHS/USCIS–003 Biometric Storage
System SORN have been removed as
record source categories.
The routine use section of this SORN
has been modified, including updating
Routine Use E and adding Routine Use
F to comply with requirements set forth
by OMB Memorandum M–17–12,
‘‘Preparing for and Responding to a
Breach of Personally Identifiable
Information,’’ (Jan. 3, 2017); expanding
Routine Use V to cover the sharing of
information with the petitioning
employers to aid in the approval or
denial of request to become a permanent
resident; updating Routine Use Z to
replace Immigration Judge with Federal
Judge; adding Routine Use BB for
disclosure to government agencies for
the purposes of testing new technology;
adding Routine Use CC for disclosure to
federal, state, local, and tribal public
benefit granting agencies to ascertain
whether public benefits have been
issued to the benefit requestor; adding
Routine Use DD for the disclosure to an
individual or entity seeking to post or
arrange bond; and adding Routine Use
EE for the disclosure of petition
outcomes to labor unions in instances in
which USCIS approves or denies a
petition submitted with a union
consultation.
Finally, the retention schedules have
been modified to reflect disposition
schedule by form type and actions, and
expand the retention of data in certain
case management systems to up to 50
years.
Consistent with DHS’s information
sharing mission, information stored in
DHS/USCIS–007 Benefits Information
System may be shared with other DHS
Components that have a need to know
the information to carry out their
national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, DHS/USCIS may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
Further, specifically, USCIS may
share BIS information with DHS’s U.S.
Immigration and Customs Enforcement
(ICE) Financial Operations—Burlington
regarding fees charged during the
various immigration requests processes
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to ensure collection of debts. The
primary mission of the ICE Financial
Operations—Burlington is to collect
debts resulting from an individual’s
participation in DHS benefits programs.
As such, through DHS’s ICE Financial
Operations—Burlington office, BIS
information may be shared with credit
reporting agencies.
This modified 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. Additionally, the Judicial
Redress Act (JRA) provides covered
persons with a statutory right to make
requests for access and amendment to
covered records, as defined by the JRA,
along with judicial review for denials of
such requests. In addition, the JRA
prohibits disclosures of covered records,
except as otherwise permitted by the
Privacy Act.
Below is the description of the DHS/
USCIS–007 Benefits Information System
System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
Department of Homeland Security
(DHS)/U.S. Citizenship and Immigration
Services (USCIS)-007 Benefits
Information System.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Records are maintained at the U.S.
Citizenship and Immigration Services
Headquarters in Washington, DC, and
DHS/USCIS service centers and
domestic and international field offices.
Records are also maintained in DHS/
USCIS information technology (IT)
systems (e.g., Computer Linked
Application Information Management
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System (CLAIMS) 3, USCIS Electronic
Immigration System (ELIS), Case and
Activity Management for International
Operations (CAMINO)).
SYSTEM MANAGER(S):
Chief, Immigration Records and
Identity Services, Identity and
Information Management Division
(IIMD), fieldrequests@uscis.dhs.gov,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, 20 Massachusetts Avenue NW,
Washington, DC 20529.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 103 and 290 of the
Immigration and Nationality Act, as
amended (8 U.S.C. secs. 1103 and 1360),
the regulations issued pursuant thereto;
and Section 451 of the Homeland
Security Act of 2002 (Pub. L. 107–296).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
permit USCIS’s collection, use,
maintenance, dissemination, and
storage of paper and electronic
immigration-related request
information, including case processing
and decisional data. These records assist
in the processing of immigrant and
nonimmigrant benefit requests and
other immigration-related requests from
the time when USCIS collects the
information from the immigrationrelated requestor until the case receives
a final decision in the relevant case
management system.5 This system of
records enables DHS/USCIS to process
benefit requests electronically,
determine the status of pending benefit
requests, account for and control the
receipt and disposition of any fees and
refunds collected, conduct searches
pursuant to requests under the Freedom
of Information Act (FOIA) and Privacy
Act, and locate related physical and
automated files to support DHS/USCIS
responses to inquiries about these
records. This system of records may also
be used in support of monitoring
employee performance and production
reporting purposes, including tracking
an employee or contractor’s workload
and efficiency in processing a particular
benefit request, managing workloads,
and providing statistical analyses to
USCIS leadership.
DHS/USCIS maintains a replica of
some or all of the data in application
databases on DHS unclassified and
classified networks to allow for analysis
and vetting consistent with the above
stated purposes and this published
notice.
5 This system of records does not cover requests
for intercountry adoption, asylum, or refugee status.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include (1) individuals who
have filed, for themselves or on the
behalf of others (benefit requestors and
beneficiaries and other immigrationrelated requestors), requests for
immigration benefits and other requests
under the Immigration and Nationality
Act as amended, and/or who have
submitted fee payments or received
refunds from such requests; (2) current,
former, and potential derivatives of
requestors (family members); (3)
sponsors (e.g., employers, law
enforcement officers, or other
individuals); (4) attorneys; (5)
prospective representatives seeking
recognition from and current accredited
representatives recognized by USCIS
and/or by the Board of Immigration
Appeals (Representatives); (6)
interpreters; (7) individuals who assist
in the preparation of the immigrationrelated request forms (Preparers); (8)
individuals who make fee payments on
behalf of the immigration-related
requestor; (9) physicians who conduct
immigration-related medical
examinations; and (10) obligors (surety)
and their agents.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information about benefit requestors,
beneficiaries, and family members may
include:
• Full name;
• Alias(es);
• Physical, destination, and mailing
addresses (including foreign and
domestic);
• Unique Identifying Numbers (e.g.,
Alien Number, USCIS Online Account
Number, Social Security number (SSN),
and Data Universal Numbering System
(DUNS) Number);
• Date of birth and/or death;
• Nationality and/or Place of Birth
(including city, region, and country of
birth);
• Country or countries of citizenship;
• Country of Residence;
• Gender and/or sex;
• Marital status;
• Military status;
• Phone and fax numbers;
• Email address;
• Immigration status;
• Publicly available social media
information and information from
public-facing websites;
• Responses to questions on
immigration benefit forms (e.g., have
you ever claimed to be a U.S. citizen; do
you owe any federal, state, or local
taxes)
• Government-issued identification
(e.g., passports, driver’s license, national
ID):
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Æ Document type;
Æ Issuing country and/or
organization;
Æ Document number;
Æ Issue Date;
Æ Expiration date;
• Notices and communications,
including:
Æ Receipt notices;
Æ Requests for Evidence;
Æ Notices of Intent to Deny;
Æ Proofs of benefit;
• Type of benefit requested;
• Signature (wet and digital);
• Immigration-related request fee
payment information (e.g., credit card
number, Pay.gov Payment Tracking
Number); and
• Audio-visual recordings, including
interviews and naturalization
ceremonies.
Benefit-specific eligibility information
about benefit requestor, beneficiaries,
and family members may include:
• Other unique identifying numbers
(e.g., Department of State (DOS)-Issued
Personal Identification Number, ICE
Student and Exchange Visitor Number,
USCIS E-Verify Company Identification
Number);
• Arrival/Departure Information;
• Immigration history (e.g.,
citizenship/naturalization certificate
number, apphrensions, removals,
explanations);
• Familial relationships (e.g., parent,
spouse, sibling, child, other
dependents);
• Relationship Practices (e.g.,
polygamy, custody, guardianship);
• USCIS Receipt/Case Number;
• Personal background information
(e.g., involvement with national security
threats; criminal offenses; Communist
Party membership; participation in
torture, genocide, killing, injuring,
forced sexual contact, limiting or
denying others religious beliefs,
weapons distribution, or combat
training; service in military or other
armed groups, work in penal or
detention systems);
• Records regarding organization
membership or affiliation;
• Health information (e.g.,
vaccinations, referrals, communicable
diseases, physical or mental disorders or
disabilities, prostitution, drug or alcohol
abuse);
• Travel history;
• Education history;
• Employment history;
• Professional accreditation
information;
• Financial information (e.g., credit
scores and reports, income, expenses,
scholarships, savings, assets, property,
financial support, supporter
information, life insurance, debts,
encumbrances, and tax records);
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• Public benefit information (e.g.,
applications and receipt, as well as
certication of receipt of pubic benefits);
• Supporting documentation as
necessary (e.g., birth, marriage, and
divorce certificates; licenses; academic
diplomas; academic transcripts; appeals
or motions to reopen or reconsider
decisions; explanatory statements;
deoxyribonucleic acid (DNA) results;
and unsolicited information submitted
voluntarily by the benefit requestor or
family members in support of a benefit
request);
• Physical description (e.g., height,
weight, eye color, hair color, race,
ethnicity, identifying marks like tattoos
or birthmarks);
• Description of relationships
between benefit requestors,
representatives, preparers, and family
members;
• Information regarding the status of
Department of Justice (DOJ), Executive
Office of Immigration Review (EOIR)
proceedings, if applicable; and
• Case processing information such as
date benefit requests were filed or
received by USCIS, benefit request
status, location of record, other control
number when applicable, and fee
receipt data.
Information about Benefit Sponsors
may include:
• Full name;
• Gender and/or sex;
• Physical and mailing addresses;
• Phone and fax numbers;
• Country of domicile;
• Date of birth;
• Place of birth;
• Citizenship information;
• SSN;
• A-Number;
• USCIS Online Account Number;
• Employment information;
• Financial information (e.g., income,
expenses, scholarships, savings, assets,
property, financial support, supporter
information, life insurance, debts,
encumbrances, tax records);
• Position and relationship to an
organization (e.g., manager of a
company seeking formal recognition by
USCIS);
• Family relationships (e.g., parent,
spouse, sibling, natural, foster, and/or
adopted child, other dependents); and
• Relationship practices (e.g.,
polygamy, custody, guardianship).
Information about Attorneys and
current and/or prospective Accredited
Representatives include:
• Name;
• USCIS Online Account Number
• Other identifying numbers (e.g.,
Attorney Bar Card Number or
equivalent);
• Law firm/recognized organization;
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• Physical and mailing addresses;
• Phone and fax numbers;
• Email address;
• Bar membership and Bar number;
• Accreditation date;
• Board of Immigration Appeals
Representative Accreditation;
• Expiration date;
• Law Practice Restriction
explanation;
• Educational and training history;
• Work history and qualifications;
• Academic and professional
achievements;
• Letters of recommendation; and
• Signature.
Information about Preparers and
Interpreters may include:
• Full name;
• Organization;
• Business State ID number;
• Employer Tax Identification
Number;
• Physical and mailing addresses;
• Email address;
• Phone and fax numbers;
• Relationship to benefit requestor;
and
• Signature.
Information about individuals who
make fee payments on behalf of the
immigration-related requestor includes:
• Name;
• Email address;
• Phone number;
• Mailing address; and
• Payment information.
Information about Physicians may
include:
• Full name;
• Organization name;
• Physical and mailing addresses;
• Phone number;
• Fax number;
• Professional experience;
• License number;
• Other Physician Identifying
Number(s);
• Licensing state and date of
issuance;
• Type of degree/license (such as
medical doctor, doctor of osteopathy, or
clinical psychologist);
• Type of medical practice;
• Examination dates of the benefit
requestor;
• Clinical methods used to diagnose
benefit requestor;
• Email address; and
• Signature.
Information about obligor (surety) and
its agents (co-obligor) may include:
• Name;
• Unique Identifying Number (e.g.,
Taxpayer Identification Number (TIN),
Employer Identification Number (EIN),
SSN (in some cases, the obligor’s TIN or
EIN may be the individual’s SSN, and
DUNS Number));
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• Address (Street, City, State and Zip
Code);
• Telephone Number;
• Email Address;
• Power of Attorney (evidencing
authority to act on behalf of the surety)
and Power of Attorney number;
• Signature; and
• Information about bond (e.g.,
receipt number and bond amount).
RECORD SOURCE CATEGORIES:
DHS/USCIS obtains records from the
immigration requestor, his or her
Representative, Physician, Preparer,
Interpreter, or obligor and its agents.
DHS/USCIS personnel may input
information as they process a case,
including information from internal and
external sources to verify whether a
requestor or family member is eligible
for the immigration-related request. BIS
also stores and uses information from
the following USCIS, DHS, and other
federal agency systems of records:
• DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records, September 18, 2017
(82 FR 43556);
• DHS/USCIS–005 Inter-Country
Adoptions, November 8, 2016 (81 FR
78614);
• DHS/USCIS–006 Fraud Detection
and National Security Records (FDNS),
August 8, 2012 (77 FR 47411);
• DHS/USCIS–010 Asylum
Information and Pre-Screening System
of Records, November 30, 2015 (80 FR
74781);
• DHS/USCIS–017 Refugee Case
Processing and Security Screening
Information System of Records, October
19, 2016 (81 FR 72075);
• DHS/USCIS–018 Immigration
Biometric and Background Check
Records System of Records, July 31,
2018 (83 FR 36950);
• DHS/CBP–011 U.S. Customs and
Border Protection TECS, December 19,
2008 (73 FR 77778);
• DHS/ICE–001 Student and
Exchange Visitor Information System,
January 5, 2010 (75 FR 412);
• DHS/ICE–011 Criminal Arrest
Records and Immigration Enforcement
Records (CARIER), October 19, 2016 (81
FR 72080);
• DHS/CBP–021 Arrival and
Departure Information System (ADIS),
November 18, 2015 (80 FR 72081);
• JUSTICE/EOIR–001 Records and
Management Information System,
January 25, 2007 (72 FR 3410);
• JUSTICE/FBI–002 The FBI Central
Records System, January 25, 2007 (72
FR 3410);
• JUSTICE/FBI–009 Fingerprint
Identification Records System (FIRS),
January 25, 2007 (72 FR 3410);
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• DOL/ETA–7 Employer Application
and Attestation File for Permanent and
Temporary Alien Workers, January 10,
2012 (77 FR 1728);
• STATE–05 Overseas Citizens
Services Records, May 2, 2008 (73 FR
24343);
• STATE–26 Passport Records, July 6,
2011 (76 FR 34966);
• STATE–39 Visa Records, October
25, 2012 (77 FR 65245); and
• TREASURY/FMS–017 Collections
Records, May 15, 2009 (74 FR 23006).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Information in this system of records
contains information relating to
individuals who received benefit
requests for special protected classes
and should not be disclosed pursuant to
a routine use unless disclosure is
otherwise permissible under the
confidentiality statutes, regulations, or
policies applicable to that information.
For example, information relating to
individuals who received benefit
requests for protection under the
Violence Against Women Act, Seasonal
Agricultural Worker or Legalization
claims, the Temporary Protected Status
of an individual, and information
relating to nonimmigrant visas protected
under special confidentiality provisions
should not be disclosed pursuant to a
routine use unless disclosure is
otherwise permissible under the
confidentiality statutes, regulations, or
policies applicable to that information.
These confidentiality provisions do not
prevent DHS from disclosing
information to the DOJ and U.S.
Attorneys Offices as part of an ongoing
criminal or civil investigation.
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 DOJ, including the U.S.
Attorney’s Offices, or other federal
agencies conducting litigation or
proceedings before any court,
adjudicative, or administrative body,
when it is relevant or necessary to the
litigation or proceeding and one of the
following is a party to the litigation or
proceeding or has an interest in such
litigation or proceeding:
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,
only when DOJ or DHS has agreed to
represent the employee; or
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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. secs. 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 there has been a
breach of the system of records; (2) DHS
has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, DHS
(including its information systems,
programs, and operations), the Federal
Government, or national security; 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
breach or to prevent, minimize, or
remedy such harm.
F. To another federal agency or
federal entity, when DHS determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
G. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, when a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations, and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
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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.
I. To clerks and judges of courts
exercising naturalization jurisdiction for
the purpose of filing applications for
naturalization and to enable such courts
to determine eligibility for
naturalization or grounds for revocation
of naturalization.
J. To the Department of State for the
purpose of assisting in the processing of
benefit requests under the Immigration
and Nationality Act, and all other
immigration and nationality laws
including treaties and reciprocal
agreements.
K. To appropriate federal, state, tribal,
and local government law enforcement
and regulatory agencies, foreign
governments, and international
organizations, as well as to other
individuals and organizations during
the course of an investigation by DHS or
the processing of a matter under DHS
jurisdiction, or during a proceeding
within the purview of the immigration
and nationality laws, when DHS deems
that such disclosure is necessary to
carry out its functions and statutory
mandates to elicit information required
by DHS to carry out its functions and
statutory mandates.
L. To an appropriate federal, state,
local, tribal, foreign, or international
agency, if the information is relevant
and necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual; issuance of a
security clearance, license, contract,
grant, or other benefit; or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant, or other benefit and
when such disclosure is appropriate to
the proper performance of the official
duties of the person making the request.
M. To the Office of Management and
Budget in connection with the review of
private relief legislation as set forth in
OMB Circular No. A–19 at any stage of
the legislative coordination and
clearance process as set forth in the
Circular.
N. To an attorney or representative (as
defined in 8 CFR 1.1(j)) who is acting on
behalf of an individual covered by this
system of records in connection with
any proceeding before DHS/USCIS or
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19:50 Oct 09, 2019
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the DOJ Executive Office for
Immigration Review.
O. To a federal, state, tribal, or local
government agency to assist such
agencies in collecting the repayment of
loans, fraudulently or erroneously
secured benefits, grants, or other debts
owed to them or to the U.S.
Government, or to obtain information
that may assist USCIS in collecting
debts owed to the U.S. Government;
P. To a foreign government to assist
such government in collecting the
repayment of loans, fraudulently or
erroneously secured benefits, grants, or
other debts owed to it, provided that the
foreign government in question:
1. Provides sufficient documentation
to establish the validity of the stated
purpose of its request; and
2. Provides similar information to the
United States upon request.
Q. To a coroner for purposes of
affirmatively identifying a deceased
individual (whether or not such
individual is deceased as a result of a
crime).
R. Consistent with the requirements of
the Immigration and Nationality Act, to
the Department of Health and Human
Services (HHS), the Centers for Disease
Control and Prevention (CDC), or to any
state or local health authorities, to:
1. Provide proper medical oversight of
DHS-designated civil surgeons who
perform medical examinations of both
arriving foreign nationals and of those
requesting status as a lawful permanent
resident; and
2. To ensure that all health issues
potentially affecting public health and
safety in the United States are being, or
have been, adequately addressed.
S. To a federal, state, or local
government agency seeking to verify or
ascertain the citizenship or immigration
status of any individual within the
jurisdiction of the agency for any
purpose authorized by law.
T. To the Social Security
Administration (SSA) for the purpose of
issuing a Social Security number and
card to an alien who has made a request
for a Social Security number as part of
the immigration process and in
accordance with any related agreements
in effect between the SSA, DHS, and the
Department of State entered into
pursuant to 20 CFR 422.103(b)(3);
422.103(c); and 422.106(a), or other
relevant laws and regulations.
U. To a former employee of DHS, in
accordance with applicable regulations,
for purposes of responding to an official
inquiry by a federal, state, or local
government entity or professional
licensing authority or facilitating
communications with a former
employee that may be necessary for
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54627
personnel-related or other official
purposes when the Department requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
V. To an individual’s prospective or
current employer to the extent necessary
to determine employment eligibility
(e.g., pursuant to the Form I–140,
Immigrant Petition for Alien Worker) or,
USCIS may share information with the
petitioning employers to aid in the
approval or denial of a request to
become a permanent resident.
W. To a federal, state, or local agency,
or other appropriate entities or
individuals, or through established
liaison channels to selected foreign
governments, in order to provide
intelligence, counterintelligence, or
other information for the purposes of
intelligence, counterintelligence, or
antiterrorism activities authorized by
U.S. law or Executive Order.
X. To approved federal, state, and
local government agencies that grant
public benefits, licenses, grants,
governmental credentials, or for any
other statutorily authorized purpose
when the immigration status of the
benefit applicant is legally required and
an approved Memorandum of
Agreement or Computer Matching
Agreement (CMA) is in place between
DHS and the entity.
Y. To the Department of Labor for
enforcement of labor certification
violations and violations of U.S. labor
laws.
Z. To the news media and the public
during the course of naturalization
ceremonies administered by USCIS or a
Federal Judge. Pursuant to 8 CFR 337.2
individuals to be naturalized are
generally required to appear in a public
ceremony, unless an appearance is
specifically excused.
AA. To the Department of Treasury to
perform initial processing of benefit
requests and to accept and resolve
payment and any related issues.
BB. To appropriate federal, state,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations, with the approval of the
Chief Privacy Officer, when DHS is
aware of a need to use relevant data,
that relate to the purpose(s) stated in
this SORN, for purposes of testing new
technology.
CC. To federal, state, local, and tribal
benefit granting agencies (e.g., Social
Security, housing, food, unemployment)
to ascertain whether public benefits
have been issued to the immigration
requestor.
DD. To an individual or entity seeking
to post or arrange, or who has already
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posted or arranged, an immigration
bond for an alien, to aid the individual
or entity in (1) identifying the location
of the alien; (2) posting the bond; (3)
obtaining payments related to the bond;
or (4) conducting other administrative
or financial management activities
related to the bond.
EE. To a consulting entity (e.g., a labor
organization or management
organization) that provided an advisory
opinion on a petition to USCIS seeking
O or P nonimmigrant classification.
USCIS may disclose the outcome of the
petition to the consulting entity that
provided an advisory opinion on the
petition.
FF. 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’s 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 a clearly unwarranted
invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
DHS/USCIS stores records in this
system electronically or on paper in
secure facilities, such as in a locked
drawer or behind a locked door. The
records may also be stored on magnetic
disc, tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
DHS/USCIS may retrieve records by
using any of the data elements listed
above or a combination thereof. This
may include, but is not limited to,
name, date of birth, Alien Number, SSN,
USCIS Online Account Number, and
Receipt Number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
USCIS receives and adjudicates
immigration request forms. Each form
type is governed by a respective
retention schedule and each form type’s
retention period is dictated by USCIS’s
final action on the form (e.g., approved,
denied, abandoned, withdrawn,
administratively closed, and rejected).
Immigration request forms and
supplemental documentation that
constitute the official record of an
individual’s immigration history are
stored in the individual’s paper and/or
electronic Alien File. The Alien File
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records are permanent, whether hard
copy or electronic. DHS/USCIS is
eligible to transfer Alien Files to the
custody of NARA 100 years after the
individual’s date of birth.
USCIS uses multiple case
management systems for the processing,
adjudication, and management of paper
and electronically filed immigration
request forms. Each case management
system retains records in accordance
with NARA-approved retention
schedules. Generally, information is
retained between 25–50 years from the
last completed action. The duration of
the NARA-approved retention schedules
allows USCIS to address any follow-up
inquiries or requests related to the
immigration request form, including
inquiries related to law enforcement,
public safety, national security, and to
FOIA and Privacy Act matters. These
retention periods allow USCIS to
provide as much information as possible
to an individual regarding his or her
immigration history.
Electronic notices and
communications associated with an
immigration request, to include
Approval or Denial letters, Requests for
Evidence, Notices of Intent to Deny,
Appeal/Motion Responses, etc., are
retained for 13 years after the last
completed action with respect to the
benefit.
Records of electronic appointments
with USCIS are maintained for 60 days
after the date of the appointment.
Daily reports generated by associated
information technology systems are
maintained in accordance with the
general records retention schedule that
permits USCIS to destroy reports when
no longer needed.
Records replicated on the unclassified
and classified networks for analysis and
vetting will follow the same retention
schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS/USCIS safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. USCIS has imposed
strict controls to minimize the risk of
compromising the information that is
being stored. Access to the computer
system containing the records in this
system is limited to those individuals
who have a need to know the
information for the performance of their
official duties and who have appropriate
clearances or permissions.
RECORD ACCESS PROCEDURES:
Individuals seeking access to and
notification of any record contained in
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this system of records, or seeking to
contest its content, may submit a
request in writing or electronically to
the Chief Privacy Officer or USCIS’s
FOIA Officer, whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘Contact
Information.’’ If an individual believes
more than one component maintains
Privacy Act records concerning him or
her, the individual may submit the
request to the Chief Privacy Officer and
Chief FOIA Officer, Department of
Homeland Security, Washington, DC
20528–0655. Even if neither the Privacy
Act nor the Judicial Redress Act
provides a right of access, certain
records may be available under the
FOIA.
When an individual is seeking records
about himself or herself from this
system of records or any other
Departmental system of records, the
individual’s request must conform with
the Privacy Act regulations set forth in
6 CFR part 5. The individual must first
verify his/her identity, meaning that the
individual must provide his/her full
name, current address, and date and
place of birth. The individual must sign
the request, and the individual’s
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, an individual may obtain
forms for this purpose from the Chief
Privacy Officer and Chief FOIA Officer,
https://www.dhs.gov/foia or 1–866–431–
0486. In addition, the individual
should:
• Explain why he or she believe the
Department would have information
being requested;
• Identify which component(s) of the
Department he or she believe may have
the information;
• Specify when the individual
believes 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 an individual’s request is seeking
records pertaining to another living
individual, the first individual must
include a statement from the second
individual certifying that individual’s
agreement for the first individual to
access his/her records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and the
individual’s request may be denied due
to lack of specificity or lack of
compliance with applicable regulations.
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CONTESTING RECORD PROCEDURES:
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures’’
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None. However, when this system
receives a record from another system
exempted under 5 U.S.C. 552a, DHS
will claim the same exemptions for
those records that are claimed for the
original primary systems of records from
which they originated.
HISTORY:
81 FR 72069 (October 19, 2016); 73 FR
56596 (September 29, 2008).
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2019–22156 Filed 10–9–19; 8:45 am]
BILLING CODE 9111–17–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7022–N–01]
60-Day Notice of Proposed Information
Collection: Opportunity Zone Grant
Certification Form
Office of Field Policy and
Management, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
SUMMARY:
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19:50 Oct 09, 2019
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Comments Due Date: December
9, 2019.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT: Alex
Stowe, Advisor, Field Policy and
Management, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email
alexander.d.stowe@hud.gov or
telephone 202–402–5309. This is not a
toll-free number. Persons with hearing
or speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339. Copies of available documents
submitted to OMB may be obtained
from Mr. Stowe.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
DATES:
For records covered by the Privacy
Act or covered JRA records, see ‘‘Record
Access Procedures’’ above. Any
individual, regardless of immigration
status, may file a request to access his
or her information under the FOIA.
Throughout the benefit determination
process, and prior to USCIS making a
determination to deny a benefit request,
USCIS provides individuals with the
opportunity to address and correct the
information.
A. Overview of Information Collection
Title of Information Collection:
Certification of Consistency With
Opportunity Zone Initiative-Related
Activity.
OMB Approval Number: 2501–.
Type of Request: New Collection.
Form Number: HUD–XXXX
Certification for Opportunity Zone
Preference Points.
Description of the need for the
information and proposed use: This
collection is a new collection regarding
information for preference points in
certain competitive federal grants and
technical assistance applications. In
accordance with Executive Order 13853,
Establishing the White House
Opportunity and Revitalization Council
(‘‘WHORC’’ or ‘‘Council’’), signed by
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54629
President Trump on December 12, 2018,
the Department of Housing and Urban
Development (HUD) has added
preference points to grants in an effort
to strategically target investment in
communities designated as Opportunity
Zones. To ensure that HUD’s resources
are being used to further the mission of
the Executive Order and the WHORC
Implementation Plan (published April
17, 2019), HUD has drafted the
proposed certification form. This form
will certify that valuable HUD resources
are in fact being targeted to and
expended in America’s most
economically distressed areas, including
Opportunity Zones. Additionally, it will
enable HUD to gather and analyze the
most accurate data regarding the use of
taxpayer funds; specifically, how they
are being utilized by our grantee
partners to support the President’s
mission of revitalizing distressed
communities. The collection of this
information will help to guide the
Department through future grant awards
and inform HUD’s strategy to maximize
non-profit and private sector
investment.
Additionally, pending approval of
this form on HUD’s behalf, we
anticipate that the following Agencies
will also implement this form:
Agriculture, Commerce, Education,
Justice, Health and Human Services,
Labor, Transportation, Interior,
Commerce, Energy, Veterans Affairs, the
Small Business Administration and the
Environmental Protection Agency.
Public and private investment in
America’s historically overlooked
communities will be used to increase
the supply of affordable housing to
bolster economic development, support
entrepreneurship, promote
neighborhood safety, and expand
employment and educational
opportunities. For more information
about the mission of the WHORC and to
learn about the activities and vision of
the federal agencies that comprise the
Council, visit https://www.hud.gov/
sites/dfiles/Main/documents/WHORCImplementation-Plan.pdf.
Respondents (i.e., affected public):
HUD grant applicants applying for
preference points for activities
conducted within or benefiting
designated Qualified Opportunity Zone
census tracts.
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Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54622-54629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22156]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2019-0042]
Privacy Act of 1974; System of Records
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice of a Modified System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue a current DHS
system of records titled, ``DHS/U.S. Citizenship and Immigration
Services (USCIS)-007 Benefits Information System.'' This system of
records describes DHS/USCIS collection, maintenance, processing, and
adjudication of naturalization, lawful permanent residence, and other
immigrant and nonimmigrant immigration-related requests (hereinafter
collectively referred to as ``immigration requests'')[thinsp]submitted
to USCIS in accordance with U.S. immigration law. DHS/USCIS also uses
the records contained in the Benefits Information System (BIS) to
prevent individuals from fraudulently obtaining immigration and
naturalization benefits and to deny immigration and naturalization
requests submitted by individuals who pose national security or public
safety threats. The BIS may also be used in support of employee
performance and production reporting purposes, as well as track an
employee or contractor's workload and efficiency in processing a
particular immigration request, managing workloads, and providing
statistical analyses to USCIS leadership.
DATES: Submit comments on or before November 12, 2019. This modified
system will be effective upon publication. New or modified routine uses
will be effective November 12, 2019.
ADDRESSES: You may submit comments, identified by docket number DHS-
2019-0042 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-
0655.
Instructions: All submissions received must include the agency name
and docket number DHS-2019-0042. 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) 272-8030,
[email protected], Privacy Officer, U.S.
Citizenship and Immigration Services, 20 Massachusetts
[[Page 54623]]
Avenue NW, Washington, DC 20529. For privacy questions, please contact:
Jonathan R. Cantor, (202) 343-1717, [email protected], Acting Chief
Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) U.S. Citizenship and Immigration
Services (USCIS) proposes to modify and reissue a current DHS system of
records titled, ``DHS/USCIS-007 Benefits Information System.''
DHS/USCIS oversees lawful immigration and non-immigration to the
United States and is responsible for the administration of immigration,
non-immigration, and naturalization adjudication functions and for
establishing many immigration policies and priorities. In executing its
mission, DHS/USCIS performs functions that include the intake, review,
and adjudication of the following types of benefits:
(1) Family-Based;[thinsp]
(2) Employment-Based;[thinsp]
(3) Humanitarian-Based;[thinsp]
(4) Adoption-Based;[thinsp]and
(5) Citizenship and Naturalization-Based.
The BIS System of Records Notice (SORN) covers the processing of
immigrant and nonimmigrant immigration-related requests.\1\ The
Secretary of Homeland Security also has the discretion to review and
grant other types of immigration requests.\2\ The BIS SORN is specific
to USCIS's collection, use, maintenance, dissemination, and storage of
immigration-related request information, including case processing and
decisional data.\3\ USCIS records case processing information, such as
date the immigration related request was filed or received by USCIS,
request status, location of record, other control number (when
applicable), fee receipt data, status of USCIS appointments and
interviews, date of issuance of a notice, and whether the request form
was referred to the Fraud Detection and National Security Directorate
for review. Decisional data such as an approval/denial code is also
stored in BIS. Information within BIS may also be stored in an
immigration file (such as an Alien File).\4\
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\1\ This SORN covers all immigrant and nonimmigrant benefit
requests, with the exception of requests for asylum, refugee, and
intercountry adoption.
\2\ For example, USCIS reviews applications for Deferred Action.
Deferred Action is a discretionary determination to defer a
deportation of an individual as an act of prosecutorial discretion.
Deferred Action can be granted by USCIS or a federal immigration
judge.
\3\ The Immigration Biometric Background Check SORN covers the
background check process, while the Benefits Information System SORN
covers the storage of background check results. See 83 FR 36950
(July 31, 2018).
\4\ The Alien File or A-File is the official record regarding
the transactions of an individual as he or she passes through the
U.S. immigration and inspection process. The Alien File contains
information relating to immigration benefits processing, protection
of national security, and administering and enforcing immigration
and nationality laws and related statutes.
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DHS/USCIS is publishing this modified system of records notice to
make several changes for transparency and to describe new initiatives.
The purpose of this SORN has been expanded to track an employee or
contractor's workload and efficiency in processing a particular benefit
request, managing workloads, and providing statistical analyses to
USCIS leadership.
The categories of individuals covered by this SORN has been
expanded to include prospective accredited representatives seeking to
be recognized by the Board of Immigration Appeals, as well as add a new
category to cover the collection, maintenance, and use of obligors
(surety) and their agents.
New categories of records have been added relating to immigration
requestors, which includes country of residence; credit scores and
reports; public benefit application, receipt, and certification for
receipt information; publicly available social media information and
other publicly available information, which may be collected during the
course of the benefit adjudication process. New categories of records
have been added relating to attorneys and current and/or prospective
representatives, which includes USCIS Online Account Number, other
identifying numbers (e.g., Attorney Bar Number or equivalent),
educational and training history, work history and qualifications,
academic and professional achievements, and letters of recommendations.
New categories of records have been added relating to bond obligors and
their agents including name, identification number(s), contact
information (including address, telephone number, email address),
signature, and power of attorney. Biometric information and background
check results have been removed from remove existing categories of
records relating to immigration requestors, derivatives, and family
members because they are covered under DHS/USCIS-018 Immigration
Biometric and Background Check SORN.
DHS/USCIS-017 Refugee Case Processing and Security Screening
Information SORN and DHS/USCIS-018 Immigration Biometric and Background
Check SORN have been added as record source categories, and DHS/USCIS-
002 Background Check Service SORN and DHS/USCIS-003 Biometric Storage
System SORN have been removed as record source categories.
The routine use section of this SORN has been modified, including
updating Routine Use E and adding Routine Use F to comply with
requirements set forth by OMB Memorandum M-17-12, ``Preparing for and
Responding to a Breach of Personally Identifiable Information,'' (Jan.
3, 2017); expanding Routine Use V to cover the sharing of information
with the petitioning employers to aid in the approval or denial of
request to become a permanent resident; updating Routine Use Z to
replace Immigration Judge with Federal Judge; adding Routine Use BB for
disclosure to government agencies for the purposes of testing new
technology; adding Routine Use CC for disclosure to federal, state,
local, and tribal public benefit granting agencies to ascertain whether
public benefits have been issued to the benefit requestor; adding
Routine Use DD for the disclosure to an individual or entity seeking to
post or arrange bond; and adding Routine Use EE for the disclosure of
petition outcomes to labor unions in instances in which USCIS approves
or denies a petition submitted with a union consultation.
Finally, the retention schedules have been modified to reflect
disposition schedule by form type and actions, and expand the retention
of data in certain case management systems to up to 50 years.
Consistent with DHS's information sharing mission, information
stored in DHS/USCIS-007 Benefits Information System may be shared with
other DHS Components that have a need to know the information to carry
out their national security, law enforcement, immigration,
intelligence, or other homeland security functions. In addition, DHS/
USCIS may share information with appropriate federal, state, local,
tribal, territorial, foreign, or international government agencies
consistent with the routine uses set forth in this system of records
notice.
Further, specifically, USCIS may share BIS information with DHS's
U.S. Immigration and Customs Enforcement (ICE) Financial Operations--
Burlington regarding fees charged during the various immigration
requests processes
[[Page 54624]]
to ensure collection of debts. The primary mission of the ICE Financial
Operations--Burlington is to collect debts resulting from an
individual's participation in DHS benefits programs. As such, through
DHS's ICE Financial Operations--Burlington office, BIS information may
be shared with credit reporting agencies.
This modified 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. Additionally, the Judicial Redress Act (JRA)
provides covered persons with a statutory right to make requests for
access and amendment to covered records, as defined by the JRA, along
with judicial review for denials of such requests. In addition, the JRA
prohibits disclosures of covered records, except as otherwise permitted
by the Privacy Act.
Below is the description of the DHS/USCIS-007 Benefits Information
System System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
Department of Homeland Security (DHS)/U.S. Citizenship and
Immigration Services (USCIS)-007 Benefits Information System.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Records are maintained at the U.S. Citizenship and Immigration
Services Headquarters in Washington, DC, and DHS/USCIS service centers
and domestic and international field offices. Records are also
maintained in DHS/USCIS information technology (IT) systems (e.g.,
Computer Linked Application Information Management System (CLAIMS) 3,
USCIS Electronic Immigration System (ELIS), Case and Activity
Management for International Operations (CAMINO)).
SYSTEM MANAGER(S):
Chief, Immigration Records and Identity Services, Identity and
Information Management Division (IIMD), [email protected],
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 20 Massachusetts Avenue NW, Washington, DC 20529.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 103 and 290 of the Immigration and Nationality Act, as
amended (8 U.S.C. secs. 1103 and 1360), the regulations issued pursuant
thereto; and Section 451 of the Homeland Security Act of 2002 (Pub. L.
107-296).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to permit USCIS's collection, use,
maintenance, dissemination, and storage of paper and electronic
immigration-related request information, including case processing and
decisional data. These records assist in the processing of immigrant
and nonimmigrant benefit requests and other immigration-related
requests from the time when USCIS collects the information from the
immigration-related requestor until the case receives a final decision
in the relevant case management system.\5\ This system of records
enables DHS/USCIS to process benefit requests electronically, determine
the status of pending benefit requests, account for and control the
receipt and disposition of any fees and refunds collected, conduct
searches pursuant to requests under the Freedom of Information Act
(FOIA) and Privacy Act, and locate related physical and automated files
to support DHS/USCIS responses to inquiries about these records. This
system of records may also be used in support of monitoring employee
performance and production reporting purposes, including tracking an
employee or contractor's workload and efficiency in processing a
particular benefit request, managing workloads, and providing
statistical analyses to USCIS leadership.
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\5\ This system of records does not cover requests for
intercountry adoption, asylum, or refugee status.
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DHS/USCIS maintains a replica of some or all of the data in
application databases on DHS unclassified and classified networks to
allow for analysis and vetting consistent with the above stated
purposes and this published notice.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include (1)
individuals who have filed, for themselves or on the behalf of others
(benefit requestors and beneficiaries and other immigration-related
requestors), requests for immigration benefits and other requests under
the Immigration and Nationality Act as amended, and/or who have
submitted fee payments or received refunds from such requests; (2)
current, former, and potential derivatives of requestors (family
members); (3) sponsors (e.g., employers, law enforcement officers, or
other individuals); (4) attorneys; (5) prospective representatives
seeking recognition from and current accredited representatives
recognized by USCIS and/or by the Board of Immigration Appeals
(Representatives); (6) interpreters; (7) individuals who assist in the
preparation of the immigration-related request forms (Preparers); (8)
individuals who make fee payments on behalf of the immigration-related
requestor; (9) physicians who conduct immigration-related medical
examinations; and (10) obligors (surety) and their agents.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information about benefit requestors, beneficiaries, and family
members may include:
Full name;
Alias(es);
Physical, destination, and mailing addresses (including
foreign and domestic);
Unique Identifying Numbers (e.g., Alien Number, USCIS
Online Account Number, Social Security number (SSN), and Data Universal
Numbering System (DUNS) Number);
Date of birth and/or death;
Nationality and/or Place of Birth (including city, region,
and country of birth);
Country or countries of citizenship;
Country of Residence;
Gender and/or sex;
Marital status;
Military status;
Phone and fax numbers;
Email address;
Immigration status;
Publicly available social media information and
information from public-facing websites;
Responses to questions on immigration benefit forms (e.g.,
have you ever claimed to be a U.S. citizen; do you owe any federal,
state, or local taxes)
Government-issued identification (e.g., passports,
driver's license, national ID):
[[Page 54625]]
[cir] Document type;
[cir] Issuing country and/or organization;
[cir] Document number;
[cir] Issue Date;
[cir] Expiration date;
Notices and communications, including:
[cir] Receipt notices;
[cir] Requests for Evidence;
[cir] Notices of Intent to Deny;
[cir] Proofs of benefit;
Type of benefit requested;
Signature (wet and digital);
Immigration-related request fee payment information (e.g.,
credit card number, Pay.gov Payment Tracking Number); and
Audio-visual recordings, including interviews and
naturalization ceremonies.
Benefit-specific eligibility information about benefit requestor,
beneficiaries, and family members may include:
Other unique identifying numbers (e.g., Department of
State (DOS)-Issued Personal Identification Number, ICE Student and
Exchange Visitor Number, USCIS E-Verify Company Identification Number);
Arrival/Departure Information;
Immigration history (e.g., citizenship/naturalization
certificate number, apphrensions, removals, explanations);
Familial relationships (e.g., parent, spouse, sibling,
child, other dependents);
Relationship Practices (e.g., polygamy, custody,
guardianship);
USCIS Receipt/Case Number;
Personal background information (e.g., involvement with
national security threats; criminal offenses; Communist Party
membership; participation in torture, genocide, killing, injuring,
forced sexual contact, limiting or denying others religious beliefs,
weapons distribution, or combat training; service in military or other
armed groups, work in penal or detention systems);
Records regarding organization membership or affiliation;
Health information (e.g., vaccinations, referrals,
communicable diseases, physical or mental disorders or disabilities,
prostitution, drug or alcohol abuse);
Travel history;
Education history;
Employment history;
Professional accreditation information;
Financial information (e.g., credit scores and reports,
income, expenses, scholarships, savings, assets, property, financial
support, supporter information, life insurance, debts, encumbrances,
and tax records);
Public benefit information (e.g., applications and
receipt, as well as certication of receipt of pubic benefits);
Supporting documentation as necessary (e.g., birth,
marriage, and divorce certificates; licenses; academic diplomas;
academic transcripts; appeals or motions to reopen or reconsider
decisions; explanatory statements; deoxyribonucleic acid (DNA) results;
and unsolicited information submitted voluntarily by the benefit
requestor or family members in support of a benefit request);
Physical description (e.g., height, weight, eye color,
hair color, race, ethnicity, identifying marks like tattoos or
birthmarks);
Description of relationships between benefit requestors,
representatives, preparers, and family members;
Information regarding the status of Department of Justice
(DOJ), Executive Office of Immigration Review (EOIR) proceedings, if
applicable; and
Case processing information such as date benefit requests
were filed or received by USCIS, benefit request status, location of
record, other control number when applicable, and fee receipt data.
Information about Benefit Sponsors may include:
Full name;
Gender and/or sex;
Physical and mailing addresses;
Phone and fax numbers;
Country of domicile;
Date of birth;
Place of birth;
Citizenship information;
SSN;
A-Number;
USCIS Online Account Number;
Employment information;
Financial information (e.g., income, expenses,
scholarships, savings, assets, property, financial support, supporter
information, life insurance, debts, encumbrances, tax records);
Position and relationship to an organization (e.g.,
manager of a company seeking formal recognition by USCIS);
Family relationships (e.g., parent, spouse, sibling,
natural, foster, and/or adopted child, other dependents); and
Relationship practices (e.g., polygamy, custody,
guardianship).
Information about Attorneys and current and/or prospective
Accredited Representatives include:
Name;
USCIS Online Account Number
Other identifying numbers (e.g., Attorney Bar Card Number
or equivalent);
Law firm/recognized organization;
Physical and mailing addresses;
Phone and fax numbers;
Email address;
Bar membership and Bar number;
Accreditation date;
Board of Immigration Appeals Representative Accreditation;
Expiration date;
Law Practice Restriction explanation;
Educational and training history;
Work history and qualifications;
Academic and professional achievements;
Letters of recommendation; and
Signature.
Information about Preparers and Interpreters may include:
Full name;
Organization;
Business State ID number;
Employer Tax Identification Number;
Physical and mailing addresses;
Email address;
Phone and fax numbers;
Relationship to benefit requestor; and
Signature.
Information about individuals who make fee payments on behalf of
the immigration-related requestor includes:
Name;
Email address;
Phone number;
Mailing address; and
Payment information.
Information about Physicians may include:
Full name;
Organization name;
Physical and mailing addresses;
Phone number;
Fax number;
Professional experience;
License number;
Other Physician Identifying Number(s);
Licensing state and date of issuance;
Type of degree/license (such as medical doctor, doctor of
osteopathy, or clinical psychologist);
Type of medical practice;
Examination dates of the benefit requestor;
Clinical methods used to diagnose benefit requestor;
Email address; and
Signature.
Information about obligor (surety) and its agents (co-obligor) may
include:
Name;
Unique Identifying Number (e.g., Taxpayer Identification
Number (TIN), Employer Identification Number (EIN), SSN (in some cases,
the obligor's TIN or EIN may be the individual's SSN, and DUNS
Number));
[[Page 54626]]
Address (Street, City, State and Zip Code);
Telephone Number;
Email Address;
Power of Attorney (evidencing authority to act on behalf
of the surety) and Power of Attorney number;
Signature; and
Information about bond (e.g., receipt number and bond
amount).
RECORD SOURCE CATEGORIES:
DHS/USCIS obtains records from the immigration requestor, his or
her Representative, Physician, Preparer, Interpreter, or obligor and
its agents. DHS/USCIS personnel may input information as they process a
case, including information from internal and external sources to
verify whether a requestor or family member is eligible for the
immigration-related request. BIS also stores and uses information from
the following USCIS, DHS, and other federal agency systems of records:
DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File
Tracking System of Records, September 18, 2017 (82 FR 43556);
DHS/USCIS-005 Inter-Country Adoptions, November 8, 2016
(81 FR 78614);
DHS/USCIS-006 Fraud Detection and National Security
Records (FDNS), August 8, 2012 (77 FR 47411);
DHS/USCIS-010 Asylum Information and Pre-Screening System
of Records, November 30, 2015 (80 FR 74781);
DHS/USCIS-017 Refugee Case Processing and Security
Screening Information System of Records, October 19, 2016 (81 FR
72075);
DHS/USCIS-018 Immigration Biometric and Background Check
Records System of Records, July 31, 2018 (83 FR 36950);
DHS/CBP-011 U.S. Customs and Border Protection TECS,
December 19, 2008 (73 FR 77778);
DHS/ICE-001 Student and Exchange Visitor Information
System, January 5, 2010 (75 FR 412);
DHS/ICE-011 Criminal Arrest Records and Immigration
Enforcement Records (CARIER), October 19, 2016 (81 FR 72080);
DHS/CBP-021 Arrival and Departure Information System
(ADIS), November 18, 2015 (80 FR 72081);
JUSTICE/EOIR-001 Records and Management Information
System, January 25, 2007 (72 FR 3410);
JUSTICE/FBI-002 The FBI Central Records System, January
25, 2007 (72 FR 3410);
JUSTICE/FBI-009 Fingerprint Identification Records System
(FIRS), January 25, 2007 (72 FR 3410);
DOL/ETA-7 Employer Application and Attestation File for
Permanent and Temporary Alien Workers, January 10, 2012 (77 FR 1728);
STATE-05 Overseas Citizens Services Records, May 2, 2008
(73 FR 24343);
STATE-26 Passport Records, July 6, 2011 (76 FR 34966);
STATE-39 Visa Records, October 25, 2012 (77 FR 65245); and
TREASURY/FMS-017 Collections Records, May 15, 2009 (74 FR
23006).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information in this system of records contains information relating
to individuals who received benefit requests for special protected
classes and should not be disclosed pursuant to a routine use unless
disclosure is otherwise permissible under the confidentiality statutes,
regulations, or policies applicable to that information. For example,
information relating to individuals who received benefit requests for
protection under the Violence Against Women Act, Seasonal Agricultural
Worker or Legalization claims, the Temporary Protected Status of an
individual, and information relating to nonimmigrant visas protected
under special confidentiality provisions should not be disclosed
pursuant to a routine use unless disclosure is otherwise permissible
under the confidentiality statutes, regulations, or policies applicable
to that information. These confidentiality provisions do not prevent
DHS from disclosing information to the DOJ and U.S. Attorneys Offices
as part of an ongoing criminal or civil investigation.
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 DOJ, including the U.S. Attorney's Offices, or other federal
agencies conducting litigation or proceedings before any court,
adjudicative, or administrative body, when it is relevant or necessary
to the litigation or proceeding and one of the following is a party to
the litigation or proceeding or has an interest in such litigation or
proceeding:
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, only 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. secs. 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 there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the Federal
Government, or national security; 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
breach or to prevent, minimize, or remedy such harm.
F. To another federal agency or federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations, and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative
[[Page 54627]]
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.
I. To clerks and judges of courts exercising naturalization
jurisdiction for the purpose of filing applications for naturalization
and to enable such courts to determine eligibility for naturalization
or grounds for revocation of naturalization.
J. To the Department of State for the purpose of assisting in the
processing of benefit requests under the Immigration and Nationality
Act, and all other immigration and nationality laws including treaties
and reciprocal agreements.
K. To appropriate federal, state, tribal, and local government law
enforcement and regulatory agencies, foreign governments, and
international organizations, as well as to other individuals and
organizations during the course of an investigation by DHS or the
processing of a matter under DHS jurisdiction, or during a proceeding
within the purview of the immigration and nationality laws, when DHS
deems that such disclosure is necessary to carry out its functions and
statutory mandates to elicit information required by DHS to carry out
its functions and statutory mandates.
L. To an appropriate federal, state, local, tribal, foreign, or
international agency, if the information is relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual; issuance of a security clearance, license, contract, grant,
or other benefit; or if the information is relevant and necessary to a
DHS decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant, or other benefit and when such disclosure is appropriate to the
proper performance of the official duties of the person making the
request.
M. To the Office of Management and Budget in connection with the
review of private relief legislation as set forth in OMB Circular No.
A-19 at any stage of the legislative coordination and clearance process
as set forth in the Circular.
N. To an attorney or representative (as defined in 8 CFR 1.1(j))
who is acting on behalf of an individual covered by this system of
records in connection with any proceeding before DHS/USCIS or the DOJ
Executive Office for Immigration Review.
O. To a federal, state, tribal, or local government agency to
assist such agencies in collecting the repayment of loans, fraudulently
or erroneously secured benefits, grants, or other debts owed to them or
to the U.S. Government, or to obtain information that may assist USCIS
in collecting debts owed to the U.S. Government;
P. To a foreign government to assist such government in collecting
the repayment of loans, fraudulently or erroneously secured benefits,
grants, or other debts owed to it, provided that the foreign government
in question:
1. Provides sufficient documentation to establish the validity of
the stated purpose of its request; and
2. Provides similar information to the United States upon request.
Q. To a coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased as a
result of a crime).
R. Consistent with the requirements of the Immigration and
Nationality Act, to the Department of Health and Human Services (HHS),
the Centers for Disease Control and Prevention (CDC), or to any state
or local health authorities, to:
1. Provide proper medical oversight of DHS-designated civil
surgeons who perform medical examinations of both arriving foreign
nationals and of those requesting status as a lawful permanent
resident; and
2. To ensure that all health issues potentially affecting public
health and safety in the United States are being, or have been,
adequately addressed.
S. To a federal, state, or local government agency seeking to
verify or ascertain the citizenship or immigration status of any
individual within the jurisdiction of the agency for any purpose
authorized by law.
T. To the Social Security Administration (SSA) for the purpose of
issuing a Social Security number and card to an alien who has made a
request for a Social Security number as part of the immigration process
and in accordance with any related agreements in effect between the
SSA, DHS, and the Department of State entered into pursuant to 20 CFR
422.103(b)(3); 422.103(c); and 422.106(a), or other relevant laws and
regulations.
U. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
federal, state, or local government entity or professional licensing
authority or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes when
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
V. To an individual's prospective or current employer to the extent
necessary to determine employment eligibility (e.g., pursuant to the
Form I-140, Immigrant Petition for Alien Worker) or, USCIS may share
information with the petitioning employers to aid in the approval or
denial of a request to become a permanent resident.
W. To a federal, state, or local agency, or other appropriate
entities or individuals, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law or Executive Order.
X. To approved federal, state, and local government agencies that
grant public benefits, licenses, grants, governmental credentials, or
for any other statutorily authorized purpose when the immigration
status of the benefit applicant is legally required and an approved
Memorandum of Agreement or Computer Matching Agreement (CMA) is in
place between DHS and the entity.
Y. To the Department of Labor for enforcement of labor
certification violations and violations of U.S. labor laws.
Z. To the news media and the public during the course of
naturalization ceremonies administered by USCIS or a Federal Judge.
Pursuant to 8 CFR 337.2 individuals to be naturalized are generally
required to appear in a public ceremony, unless an appearance is
specifically excused.
AA. To the Department of Treasury to perform initial processing of
benefit requests and to accept and resolve payment and any related
issues.
BB. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS is aware of a need
to use relevant data, that relate to the purpose(s) stated in this
SORN, for purposes of testing new technology.
CC. To federal, state, local, and tribal benefit granting agencies
(e.g., Social Security, housing, food, unemployment) to ascertain
whether public benefits have been issued to the immigration requestor.
DD. To an individual or entity seeking to post or arrange, or who
has already
[[Page 54628]]
posted or arranged, an immigration bond for an alien, to aid the
individual or entity in (1) identifying the location of the alien; (2)
posting the bond; (3) obtaining payments related to the bond; or (4)
conducting other administrative or financial management activities
related to the bond.
EE. To a consulting entity (e.g., a labor organization or
management organization) that provided an advisory opinion on a
petition to USCIS seeking O or P nonimmigrant classification. USCIS may
disclose the outcome of the petition to the consulting entity that
provided an advisory opinion on the petition.
FF. 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's 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 a clearly unwarranted invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/USCIS stores records in this system electronically or on paper
in secure facilities, such as in a locked drawer or behind a locked
door. The records may also be stored on magnetic disc, tape, and
digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
DHS/USCIS may retrieve records by using any of the data elements
listed above or a combination thereof. This may include, but is not
limited to, name, date of birth, Alien Number, SSN, USCIS Online
Account Number, and Receipt Number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
USCIS receives and adjudicates immigration request forms. Each form
type is governed by a respective retention schedule and each form
type's retention period is dictated by USCIS's final action on the form
(e.g., approved, denied, abandoned, withdrawn, administratively closed,
and rejected). Immigration request forms and supplemental documentation
that constitute the official record of an individual's immigration
history are stored in the individual's paper and/or electronic Alien
File. The Alien File records are permanent, whether hard copy or
electronic. DHS/USCIS is eligible to transfer Alien Files to the
custody of NARA 100 years after the individual's date of birth.
USCIS uses multiple case management systems for the processing,
adjudication, and management of paper and electronically filed
immigration request forms. Each case management system retains records
in accordance with NARA-approved retention schedules. Generally,
information is retained between 25-50 years from the last completed
action. The duration of the NARA-approved retention schedules allows
USCIS to address any follow-up inquiries or requests related to the
immigration request form, including inquiries related to law
enforcement, public safety, national security, and to FOIA and Privacy
Act matters. These retention periods allow USCIS to provide as much
information as possible to an individual regarding his or her
immigration history.
Electronic notices and communications associated with an
immigration request, to include Approval or Denial letters, Requests
for Evidence, Notices of Intent to Deny, Appeal/Motion Responses, etc.,
are retained for 13 years after the last completed action with respect
to the benefit.
Records of electronic appointments with USCIS are maintained for 60
days after the date of the appointment.
Daily reports generated by associated information technology
systems are maintained in accordance with the general records retention
schedule that permits USCIS to destroy reports when no longer needed.
Records replicated on the unclassified and classified networks for
analysis and vetting will follow the same retention schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/USCIS safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. USCIS has imposed strict controls to
minimize the risk of compromising the information that is being stored.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.
RECORD ACCESS PROCEDURES:
Individuals seeking access to and notification of any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing or electronically to the Chief Privacy
Officer or USCIS's FOIA Officer, whose contact information can be found
at https://www.dhs.gov/foia under ``Contact Information.'' If an
individual believes more than one component maintains Privacy Act
records concerning him or her, the individual may submit the request to
the Chief Privacy Officer and Chief FOIA Officer, Department of
Homeland Security, Washington, DC 20528-0655. Even if neither the
Privacy Act nor the Judicial Redress Act provides a right of access,
certain records may be available under the FOIA.
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his/her
identity, meaning that the individual must provide his/her full name,
current address, and date and place of birth. The individual must sign
the request, and the individual's 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, an individual may obtain forms for this
purpose from the Chief Privacy Officer and Chief FOIA Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, the individual should:
Explain why he or she believe the Department would have
information being requested;
Identify which component(s) of the Department he or she
believe may have the information;
Specify when the individual believes 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 an individual's request is seeking records pertaining to another
living individual, the first individual must include a statement from
the second individual certifying that individual's agreement for the
first individual to access his/her records.
Without the above information, the component(s) may not be able to
conduct an effective search, and the individual's request may be denied
due to lack of specificity or lack of compliance with applicable
regulations.
[[Page 54629]]
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records, see
``Record Access Procedures'' above. Any individual, regardless of
immigration status, may file a request to access his or her information
under the FOIA. Throughout the benefit determination process, and prior
to USCIS making a determination to deny a benefit request, USCIS
provides individuals with the opportunity to address and correct the
information.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None. However, when this system receives a record from another
system exempted under 5 U.S.C. 552a, DHS will claim the same exemptions
for those records that are claimed for the original primary systems of
records from which they originated.
HISTORY:
81 FR 72069 (October 19, 2016); 73 FR 56596 (September 29, 2008).
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2019-22156 Filed 10-9-19; 8:45 am]
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