Privacy Act of 1974; System of Records

Published date10 October 2019
Citation84 FR 54622
Record Number2019-22156
SectionNotices
CourtHomeland Security Department
Federal Register, Volume 84 Issue 197 (Thursday, October 10, 2019)
[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]
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                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.
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                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: http://www.regulations.gov.
                Follow the instructions for submitting comments.
                 Fax: 202-343-4010.
                 Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
                Privacy Office, Department of Homeland Security, Washington, DC 20528-
                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 http://www.regulations.gov, including any personal
                information provided.
                 Docket: For access to the docket to read background documents or
                comments received, go to http://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 http://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, http://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]
                 BILLING CODE 9111-17-P
                

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