From: Subject: Federal Register, Volume 76 Issue 113 (Monday, June 13, 2011) Date: Thu, 21 Nov 2013 17:22:18 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2011-06-13/html/2011-14489.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157 Federal Register, Volume 76 Issue 113 (Monday, June = 13, 2011) 
[Federal Register Volume 76, Number 113 (Monday, June 13, =
2011)]
[Notices]
[Pages 34233-34240]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2011-14489]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0048]


Privacy Act of 1974; U.S. Citizenship and Immigration Services,=20
Immigration and Customs Enforcement, Customs and Border Protection--001=20
Alien File, Index, and National File Tracking System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Update and Reissuance of Privacy Act System of=20
Records.

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SUMMARY: The Department of Homeland Security is updating and re-
publishing the previously established Privacy Act system of records=20
notice published in the Federal Register on January 16, 2007 for the=20
Department of Homeland Security U.S. Citizenship and Immigration=20
Services, Immigration and Customs Enforcement, and the Customs and=20
Border Protection Alien File, Index, and National File Tracking System=20
of Records. This system of records contains information regarding=20
transactions involving an individual as he/she passes through the U.S.=20
immigration and inspection process, some of which may also be covered=20
by separate systems of records notices. This system of records contains=20
personally identifiable information such as the individual's name,=20
Alien Registration Number, receipt file number, date and place of=20
birth, date and port of entry, as well as the location of each official=20
Alien File. It may also contain other personal identifiers such as an=20
individual's social security number. The Department of Homeland=20
Security is updating the Department of Homeland Security United States=20
Citizenship and Immigration Services--001 Alien File and Central Index=20
System to be renamed Department of Homeland Security U.S. Citizenship=20
and Immigration Services, Immigration and Customs Enforcement, Customs=20
and Border Protection--001 Alien File, Index, and National File=20
Tracking System of Records with the following substantive changes: (1)=20
The addition of new routine uses to allow the Department of Homeland=20
Security to share information from the system; (2) an update to the=20
classification level of the system and to provide notice that the=20
system may contain classified records; and (3) a proposed exemption=20
from certain provisions of the Privacy Act for records that are=20
classified. Additionally, this notice includes non-substantive changes=20
to simplify the formatting and text of the previously published notice=20
and improve the public's understanding of the system. To propose the=20
additional exemption, the Department of Homeland Security is also=20
giving concurrent notice of proposed rulemaking pursuant to the Privacy=20
Act of 1974 for the Department of Homeland Security U.S. Citizenship=20
and Immigration Services, Immigration and Customs Enforcement, Customs=20
and Border Protection--001 Alien File, Index, and National File=20
Tracking System of Records. The legacy final rule exempting the=20
Immigration and Naturalization Service Alien File and Central Index=20
System, JUSTICE/INS-001A legacy system of records from certain portions=20
of the Privacy Act remains in effect until publication of a final rule=20
by the Department of Homeland Security.

DATES: Submit comments on or before July 13, 2011.

ADDRESSES: You may submit comments, identified by DHS-2011-0048 by one=20
of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include=20
Department of Homeland Security as the agency name and docket number=20
for this rulemaking. All comments received will be posted without=20
change to http://www.regulations.gov/, =
including any personal=20
information provided by the submitter.
     Docket: For access to the docket to read background=20
documents or comments received go to http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:=20
Donald K. Hawkins (202-272-8000), Privacy Officer, U.S. Citizenship and=20
Immigration Services, 20 Massachusetts Avenue, NW., Washington, DC=20
20529. For privacy issues please contact: Mary Ellen Callahan (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of=20
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Homeland Security (DHS) implements U.S.=20
immigration law and policy through the U.S. Citizenship and Immigration=20
Service's (USCIS) processing and adjudication of applications and=20
petitions submitted for citizenship,

[[Page 34234]]

asylum, and other immigration benefits. USCIS also supports national=20
security by preventing individuals from fraudulently obtaining=20
immigration benefits and by denying applications from individuals who=20
pose national security or public safety threats. U.S. immigration=20
policy and law is also implemented through U.S. Immigration and Customs=20
Enforcement's (ICE) law enforcement activities and U.S. Customs and=20
Border Protection's (CBP) inspection and border protection processes.
    The Alien File (A-File), Index, and National File Tracking System=20
of Records is the official record system that contains information=20
regarding transactions involving an individual as he/she passes through=20
the U.S. immigration and inspection process. The DHS/USCIS-ICE-CBP-001=20
Alien File, Index, and National File Tracking System of Records=20
contains personally identifiable information (PII) such as the=20
individual's name, Alien Registration Number, receipt file number, date=20
and place of birth, date and port of entry, as well as the location of=20
each official A-File. It may also contain other personal identifiers=20
such as an individual's Social Security Number (SSN), if the individual=20
has one and it is in the A-File. Some records contained in the DHS/
USCIS-ICE-CBP-001 A-Files are derived from separate systems of record,=20
in which case the system of records notice pertaining to the=20
originating system would govern the treatment of those records.=20
Previously, the legacy agency Immigration and Naturalization Services=20
(INS) collected and maintained information concerning all of these=20
immigration and inspection interactions. Since the formation of DHS,=20
however, immigration responsibilities have been divided among USCIS,=20
ICE, and CBP. While USCIS is the custodian of the A-File, all three=20
components create and use A-Files, hence this joint System of Records=20
Notice.
    A notice detailing this system of records was last published in the=20
Federal Register on January 16, 2007, as the DHS/USCIS-001 Alien File=20
and Central Index System (CIS), (72 FR 1755).
    DHS is updating the DHS/USCIS-001 Alien File and Central Index=20
System of Records to be renamed DHS/USCIS-ICE-CBP-001 Alien File,=20
Index, and National File Tracking System of Records to include the=20
following substantive changes: (1) The addition of thirteen routine=20
uses and updates to other routine uses to allow DHS to share=20
information from the system; (2) an update to the classification level=20
of the system and to provide notice that the system may contain=20
classified records; and (3) a proposed exemption from certain=20
provisions of the Privacy Act for records that are classified.
    DHS is renaming this system in order to provide a better=20
description of the types of records that are maintained in this system=20
of records. These records may be maintained in paper or electronic=20
format, but the uses and protections outlined in the notice do not=20
change because of the format or the specific IT system in which they=20
are maintained. DHS has provided more explicit notice on the specific=20
IT systems where these types of records may exist under ``Location.''
    Below is a summary of the thirteen routine use additions or=20
modifications with the letter in parentheses corresponding to the=20
routine use impacted:
    (A) Updated: To include DHS as an additional party for litigation=20
in the release of information to the Department of Justice (DOJ);
    (D) New: To an agency, organization, or individuals for the purpose=20
of performing audits or oversight as authorized by law;
    (F) Updated: To include interns and students working on assignments=20
for DHS;
    (I) New: To courts for immigration, civil, or criminal proceedings;
    (K) New: To DOJ or other federal agencies when conducting=20
litigation to assist in development of the agency's legal and/or policy=20
position;
    (L) Updated: To include sharing with international organizations=20
about an alien or an enforcement operation with transnational=20
implications;
    (P) New: To a government organization in regards to hiring or=20
retention of an individual where failure to disclose the information on=20
an individual is likely to create a security risk;
    (Q) Updated: Rewritten to provide better clarification on when=20
information is released to current or prospective employers;
    (T) New: To Congress during the private immigration relief=20
legislation process;
    (U) Updated: To government agencies to assist in the collection of=20
debts;
    (V) Updated: To third parties posting immigration bonds;
    (BB) New: To third parties when an individual will be released from=20
DHS custody to assist with arranging housing or medical care;
    (CC) New: To domestic government agencies when an individual will=20
be released from DHS custody and there are concerns related to health=20
and safety;
    (DD) New: To foreign governments to coordinate removal of=20
individuals;
    (EE) New: To law enforcement agencies for de-conflicting=20
investigations and other coordination of law enforcement activities;
    (FF) New: To custodial agencies to place an immigration detainer on=20
an individual or to facilitate the transfer of custody of the=20
individual from DHS to that agency;
    (GG) New: To government agencies to confirm the location, custodial=20
status, removal or voluntary departure of an alien in order to=20
facilitate the custody, care and/or legal rights of the individual's=20
minor children;
    (HH) New: To government agencies to assist in making determinations=20
of redress;
    (II) New: To share information from the system on a case-by-case=20
basis with the news media or public.
    The latter sharing, to the news media or public, would be done only=20
with the approval of the DHS Chief Privacy Officer, who will weigh the=20
public interest in receiving the information against the privacy=20
interests of the individual to whom the information pertains, when the=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or demonstrate the accountability of DHS personnel.
    Classification level: DHS has updated the SORN to indicate that=20
both classified and unclassified information may be maintained in the=20
A-File, as such DHS is providing a concurrent notice of proposed=20
rulemaking pursuant to the Privacy Act of 1974 for the DHS/USCIS-ICE-
CBP--001 Alien File, Index, and National File Tracking System of=20
Records to include an exemption for classified information in addition=20
to the existing law enforcement information exemption. The proposed=20
rule extends the Privacy Act exemption to classified information and=20
then re-publishes the existing exemptions claimed for the legacy=20
JUSTICE/INS-001A A-File and CIS, (66 FR 46812). Generally, USCIS, ICE,=20
and CBP are not the originators of the classified materials maintained=20
in some A-Files. DHS therefore, would rely upon the Privacy Act=20
exemptions claimed by the system of records from which the classified=20
material originated. By issuing this particular exemption, DHS is=20
providing further transparency about the existence of classified=20
material in this system of records. All of the exemptions DHS is=20
proposing are standard law enforcement and national security exemptions=20
exercised by a large number of federal law enforcement and intelligence=20
agencies. Until DHS

[[Page 34235]]

publishes a final rule exempting the system from certain portions of=20
the Privacy Act, the legacy final rule exempting the JUSTICE/INS-001A=20
A-File and CIS, (66 FR 46812) legacy system of records from certain=20
portions of the Privacy Act remains in effect for this system of=20
records.
    Pursuant to Pub. L. No. 107-296, Homeland Security Act of 2002,=20
Section 804 Savings Provisions, and by reference 28 CFR Appendix C to=20
Part 16, Subpart E, pertaining to the JUSTICE/INS-001A A-File and CIS,=20
(66 FR 46812) system of records notice, the records and information in=20
this system are exempt from 5 U.S.C. 552a (c)(3) and (4), (d), (e)(1),=20
(2), and (3), (e)(4)(G) and (H), (e)(5) and (8), and (g) of the Privacy=20
Act. These exemptions apply only to the extent that records in the=20
system are subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and=20
(k)(2).
    Administrative changes: In addition to the above mentioned=20
substantive changes to this system of records notice, DHS has updated=20
the categories of individuals and categories of records so that they=20
are more clearly defined.
    Consistent with DHS's statutory information sharing mission,=20
information stored in the DHS/USCIS-ICE-CBP--001 Alien File, Index, and=20
National File Tracking System of Records may be shared with other DHS=20
components, as well as appropriate federal, state, local, tribal,=20
foreign, or international government agencies. This sharing will take=20
place only after DHS determines that the receiving component or agency=20
has a need to know the information to carry out national security, law=20
enforcement, immigration, intelligence, or other functions consistent=20
with the purposes of this system of records and the routine uses set=20
forth in this system of records notice.

II. Privacy Act

    The Privacy Act embodies Fair Information Principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates individuals' records. The=20
Privacy Act applies to information that is maintained in a ``system of=20
records.'' A ``system of records'' is a group of any records under the=20
control of an agency for which information is retrieved by the name of=20
an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass United States citizens and lawful=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals where systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors, and aliens. Individuals may request access to their own=20
records that are maintained in a system of records in the possession or=20
under the control of DHS by complying with DHS Privacy Act regulations,=20
6 CFR Part 5.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency record keeping=20
practices transparent, to notify individuals regarding the uses to=20
which their records are put, and to assist individuals to more easily=20
find such files within the agency. Below is the description of the DHS/
USCIS-ICE-CBP--001 A-File, Index, and National File Tracking system of=20
records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this revised system of records to the Office of Management and Budget=20
and to the Congress.

System of Records:
    DHS/USCIS-ICE-CBP--001.

System name:
    Department of Homeland Security U.S. Citizenship and Immigration=20
Services, Immigration and Customs Enforcement, Customs and Border=20
Protection--001 Alien File, Index, and National File Tracking System of=20
Records.

Security classification:
    Unclassified, sensitive, for official use only, and classified.

System location:
    Alien Files (A-Files) are maintained in electronic and paper format=20
throughout DHS. Digitized A-Files are located in the Enterprise=20
Document Management System (EDMS). The Central Index System (CIS)=20
maintains an index of the key personally identifiable information (PII)=20
in the A-File which can be used to retrieve additional information=20
through such applications as Enterprise Citizenship and Immigrations=20
Services Centralized Operational Repository (eCISCOR), the Person=20
Centric Query Service (PCQS) and the Micorfilm Digitization Application=20
System (MiDAS). The National File Tracking System (NFTS) provides a=20
tracking system of where the A-Files are physically located, including=20
whether the file has been digitized.
    The databases maintaining the above information are located within=20
the DHS data center in the Washington, D.C. metropolitan area as well=20
as throughout the country. Computer terminals providing electronic=20
access are located at U.S. Citizenship and Immigration Services (USCIS)=20
sites at Headquarters and in the Field throughout the United States and=20
at appropriate facilities under the jurisdiction of the U.S. Department=20
of Homeland Security (DHS) and other locations at which officers of DHS=20
component agencies may be posted or operate to facilitate DHS's mission=20
of homeland security. Hard copies of the A-Files are primarily located=20
at the records centers in Lee Summit, Missouri; Suitland, Maryland; San=20
Bruno, California; Seattle, Washington; and Dayton, Ohio. Hard copies=20
may also be located at Headquarters, Regional, District, and other=20
USCIS file control offices in the United States and foreign countries=20
as detailed on the agency's Web site, http://www.uscis.gov/. Hard copies=20
may also be located at the offices and facilities of U.S. Immigration=20
and Customs Enforcement (ICE) and U.S. Customs and Border Protection=20
(CBP).

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
     Lawful Permanent Residents;
     Naturalized United States Citizens;
     United States Citizens when petitioning for benefits under=20
the Immigration and Nationality Act (INA) on behalf of another=20
individual;
     Individuals who received or petition for benefits under=20
the INA;
     Individuals who are subject to the enforcement provisions=20
of the INA;
     Individuals who are subject to the INA and:
    [cir] Are under investigation by DHS for possible national security=20
threats or threats to the public safety,
    [cir] Were investigated by the DHS in the past,
    [cir] Are suspected of violating immigration-related criminal or=20
civil provisions of treaties, statutes, regulations, Executive Orders,=20
and Presidential proclamations administered by DHS, or
    [cir] Are witnesses and informants having knowledge of such=20
violations;
     Relatives and associates of those individuals list above=20
who are subject to the INA;
     Individuals who have renounced their U.S. Citizenship; or
     Preparers, Attorneys, and Representatives who assist=20
individuals during benefit and enforcement proceedings under the INA.
    Note: Individuals may fall within one or more of these categories.

[[Page 34236]]

Categories of records in the system:
    Categories of records in this system include:
    A. The hardcopy paper A-File, which contains the official record=20
material about each individual for whom DHS has created a record under=20
the Immigration and Nationality Act such as: Naturalization=20
certificates; various documents and attachments (e.g., birth and=20
marriage certificates); applications and petitions for benefits under=20
the immigration and nationality laws; reports of arrests and=20
investigations; statements; other reports; records of proceedings=20
before or filings made with the U.S. immigration courts and any=20
administrative or federal district court or court of appeal;=20
correspondence; and memoranda. Specific data elements may include:
     Alien Registration Number(s) (A-Numbers);
     Receipt file number(s);
     Full name and any aliases used;
     Physical and mailing addresses;
     Phone numbers and email addresses;
     Social Security Number;
     Date of birth;
     Place of birth (city, state, and country);
     Countries of citizenship;
     Gender;
     Physical characteristics (height, weight, race, eye and=20
hair color, photographs, fingerprints);
     Government-issued identification information (i.e.,=20
passport, driver's license):
    [cir] Document type,
    [cir] Issuing organization,
    [cir] Document number, and
    [cir] Expiration date;
     Military membership;
     Arrival/Departure information (record number, expiration=20
date, class of admission, etc.);
     FBI Identification Number;
     Fingerprint Identification Number;
     Immigration enforcement history, including arrests and=20
charges, immigration proceedings and appeals, and dispositions=20
including removals or voluntary departures;
     Immigration status;
     Family history;
     Travel history;
     Education history;
     Employment history;
     Criminal history;
     Professional accreditation information;
     Medical information relevant to an individual's=20
application for benefits under the Immigration and Nationality Act=20
before the Department or the immigration court, an individual's=20
removability from and/or admissibility to the United States, or an=20
individual's competency before the immigration court;
     Specific benefit eligibility information as required by=20
the benefit being sought; and
     Video or transcript of immigration interview.
    B. EDMS maintains the electronic copy of the A-File (same=20
information as above with the exception of material that cannot be=20
scanned such as cassette tapes, CDs, or DVDs) if it was scanned from=20
the paper file.
    C. CIS contains information on those individuals who during their=20
interactions with DHS have been assigned an A-Number. The system=20
contains biographic information on those individuals allowing DHS=20
employees to quickly review the individual's immigration status. The=20
information in the system can then be used to retrieve additional=20
information on the individual from other systems. The information in=20
the system can be used to request the hard copy A-File from the DHS=20
File Control Office that has custody of the file. Specific data=20
elements may include:
     A-Number(s);
     Full name and any aliases used;
     Social Security Number;
     Date of birth;
     Place of birth (city, state, and country);
     Country of citizenship;
     Gender;
     Government issued identification information (i.e.,=20
passport, driver's license):
    [cir] Document type;
    [cir] Issuing organization;
    [cir] Document number; and
    [cir] Expiration date;
     Arrival/Departure information (record number, expiration=20
date, class of admission etc.);
     Immigration status;
     Father and Mother's first name;
     FBI Identification Number;
     Fingerprint Identification Number;
     Immigration enforcement history, including arrests and=20
charges, immigration proceedings and appeals, and dispositions=20
including removals or voluntary departures; and
     File Control Office location of the paper or electronic A-
File.
    D. NFTS contains the location of the A-File to a more detailed=20
level within the DHS File Control Office. Specific data elements=20
include:
     A-Number(s);
     Receipt File Number; and
     Location of the paper or electronic A-File and Receipt=20
File at and within the DHS File Control Office, as well as the history=20
of who has maintained the A-File, including the component, section and=20
employee.

Authority for maintenance of the system:
    Authority for maintaining this system is in Sections 103 and 290 of=20
the INA, as amended (8 U.S.C. 1103 and 1360), and the regulations=20
issued pursuant thereto; and Section 451 of the Homeland Security Act=20
of 2002 (Pub. L. 107-296).

Purpose(s):
    The purpose of this system of records is to carry out the provision=20
of benefits under and the enforcement of the INA and related statutes.=20
A-Files, EDMS, CIS, and NFTS are used primarily by DHS employees for=20
immigration benefits processing, protection of national security, and=20
administering and enforcing immigration and nationality laws and=20
related statutes.
    The purpose of the A-File is to document an individual's benefits=20
and enforcement transactions as he/she passes through the U.S.=20
immigration and inspection process.
    The purpose of CIS is to provide a searchable central index of A-
Files and to support the location and transfer of A-Files among DHS=20
personnel and offices as needed in support of immigration benefits and=20
enforcement transactions.
    The purpose of NFTS is to accurately account for the specific=20
physical location of A-Files and Receipt Files within a DHS File=20
Control Office, and to track the request and transfer of all A-Files=20
and Receipt Files.
    These records assist the Department with processing applications=20
for benefits under applicable immigration laws; detecting violations of=20
these laws; supporting the referral of such violations for prosecution=20
or other appropriate enforcement action; supporting law enforcement=20
efforts and the inspection process; and supporting protection of the=20
United States borders.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    Note: Even when a valid routine use permits disclosure of=20
information from this system of records to a third party, in some cases=20
such disclosure may not be permissible because of confidentiality laws=20
and policies that limit the sharing of information about the=20
application for or award of certain immigration benefits. For example,=20
information in this system of records contained in or pertaining to=20
applications for asylum or refugee protection, information relating to=20
persons who have pending or approved

[[Page 34237]]

petitions for protection under the Violence Against Women Act (VAWA),=20
Seasonal Agricultural Worker or Legalization claims, the Temporary=20
Protected Status of an individual, and information relating to S, T, or=20
U visas should not be disclosed pursuant to a routine use unless=20
disclosure is otherwise permissible under the confidentiality statutes,=20
regulations, or policies applicable to that information. However, these=20
confidentiality provisions do not prevent DHS from disclosing=20
information to the U.S. Department of Justice and United States=20
Attorneys' Offices as part of an ongoing criminal or civil=20
investigation.
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3).

Routine uses, to include disclosures:
    A. To the Department of Justice (including United States Attorneys'=20
Offices) or other federal agency conducting litigation or in=20
proceedings before any court, adjudicative or administrative body, when=20
it is necessary to the litigation and one of the following is a party=20
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or=20
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the=20
litigation or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other=20
federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, organizations, and individuals when:
    1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. DHS has determined that as a result of the suspected or=20
confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individuals who rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
interns, trainees, students, and others performing or working on a=20
contract, service, grant, cooperative agreement, or other assignment=20
for DHS, when necessary to accomplish an agency function related to=20
this system of records. Individuals provided information under this=20
routine use are subject to the same Privacy Act requirements and=20
limitations on disclosure as are applicable to DHS officers and=20
employees.
    G. To appropriate federal, state, tribal, territorial, local,=20
international, or foreign law enforcement agencies or other appropriate=20
authorities charged with investigating or prosecuting a violation or=20
enforcing or implementing a law, rule, regulation, or order, where a=20
record, either on its face or in conjunction with other information,=20
indicates a violation or potential violation of law, which includes=20
criminal, civil, or regulatory violations and such disclosure is proper=20
and consistent with the official duties of the person making the=20
disclosure.
    H. To clerks and judges of courts exercising naturalization=20
jurisdiction for the purpose of filing petitions for naturalization and=20
to enable such courts to determine eligibility for naturalization or=20
grounds for revocation of naturalization.
    I. To courts, magistrates, administrative tribunals, opposing=20
counsel, parties, and witnesses, in the course of immigration, civil,=20
or criminal proceedings before a court or adjudicative body when:
    1. DHS or any component thereof; or
    2. Any employee of DHS in his or her official capacity; or
    3. Any employee of DHS in his or her individual capacity where the=20
agency has agreed to represent the employee; or
    4. The United States, where DHS determines that litigation is=20
likely to affect DHS or any of its components;
    Is a party to litigation or has an interest in such litigation, and=20
DHS determines that use of such records is relevant and necessary to=20
the litigation, and that in each case, DHS determines that disclosure=20
of the information to the recipient is a use of the information that is=20
compatible with the purpose for which it was collected.
    J. To an attorney or representative (as defined in 8 CFR 1.1(j))=20
who is acting on behalf of an individual covered by this system of=20
records in connection with any proceeding before USCIS, ICE, or CBP or=20
the Executive Office for Immigration Review.
    K. To the Department of Justice (including United States Attorneys'=20
Offices) or other federal agency conducting litigation or in=20
proceedings before any court, adjudicative or administrative body,=20
where necessary to assist in the development of such agency's legal=20
and/or policy position.
    L. To the Department of State in the processing of petitions or=20
applications for benefits under the Immigration and Nationality Act,=20
and all other immigration and nationality laws including treaties and=20
reciprocal agreements; or when the Department of State requires=20
information to consider and/or provide an informed response to a=20
request for information from a foreign, international, or=20
intergovernmental agency, authority, or organization about an alien or=20
an enforcement operation with transnational implications.
    M. To appropriate federal, state, local, tribal, territorial, or=20
foreign governments, as well as to other individuals and organizations=20
during the course of an investigation by DHS or the processing of a=20
matter under DHS' jurisdiction, or during a proceeding within the=20
purview of the immigration and nationality laws, when DHS deems that=20
such disclosure is necessary to carry out its functions and statutory=20
mandates to elicit information required by DHS to carry out its=20
functions and statutory mandates.
    N. To an appropriate federal, state, tribal, territorial, local, or=20
foreign government agency or organization, or international=20
organization, lawfully engaged in collecting law enforcement=20
intelligence, whether civil or criminal, or charged with investigating,=20
prosecuting, enforcing or implementing civil or criminal laws, related=20
rules, regulations or orders, to enable these entities to carry out=20
their law enforcement responsibilities, including the collection of law=20
enforcement intelligence and the disclosure is

[[Page 34238]]

appropriate to the proper performance of the official duties of the=20
person receiving the information.
    O. To an appropriate federal, state, local, tribal, territorial,=20
foreign, or international agency, if the information is relevant and=20
necessary to a requesting agency's decision concerning the hiring or=20
retention of an individual, or issuance of a security clearance,=20
license, contract, grant, or other benefit, or if the information is=20
relevant and necessary to a DHS decision concerning the hiring or=20
retention of an employee, the issuance of a security clearance, the=20
reporting of an investigation of an employee, the letting of a=20
contract, or the issuance of a license, grant or other benefit.
    P. To an appropriate federal, state, local, tribal, territorial,=20
foreign, or international agency, if DHS determines (1) The information=20
is relevant and necessary to that agency's decision concerning the=20
hiring or retention of an individual, or issuance of a security=20
clearance, license, contract, grant, or other benefit, and (2) failure=20
to disclose the information is likely to create a risk to government=20
facilities, equipment, or personnel; sensitive information; critical=20
infrastructure; or the public safety.
    Q. To an individual's current employer to the extent necessary to=20
determine employment eligibility or to a prospective employer or=20
government agency to verify an individual is eligible for a government-
issued credential that is a condition of employment.
    R. To a former employee of DHS, in accordance with applicable=20
regulations, for purposes of: responding to an official inquiry by a=20
federal, state, or local government entity or professional licensing=20
authority; or facilitating communications with a former employee that=20
may be necessary for personnel-related or other official purposes where=20
the Department requires information or consultation assistance from the=20
former employee regarding a matter within that person's former area of=20
responsibility.
    S. To the Office of Management and Budget in connection with the=20
review of private relief legislation as set forth in OMB Circular No.=20
A-19 at any stage of the legislative coordination and clearance process=20
as set forth in the Circular.
    T. To the U.S. Senate Committee on the Judiciary or the U.S. House=20
of Representatives Committee on the Judiciary when necessary to inform=20
members of Congress about an alien who is being considered for private=20
immigration relief.
    U. To a federal, state, tribal, or local government agency and/or=20
to domestic courts to assist such agencies in collecting the repayment=20
of loans, or fraudulently or erroneously secured benefits, grants, or=20
other debts owed to them or to the United States Government, or to=20
obtain information that may assist DHS in collecting debts owed to the=20
United States Government;
    V. To an individual or entity seeking to post or arrange, or who=20
has already posted or arranged, an immigration bond for an alien to aid=20
the individual or entity in (1) Identifying the location of the alien,=20
or (2) posting the bond, obtaining payments related to the bond, or=20
conducting other administrative or financial management activities=20
related to the bond.
    W. To a coroner for purposes of affirmatively identifying a=20
deceased individual (whether or not such individual is deceased as a=20
result of a crime).
    X. Consistent with the requirements of the INA, to the Department=20
of Health and Human Services (HHS), the Centers for Disease Control and=20
Prevention (CDC), or to any state or local health authorities, to:
    1. Provide proper medical oversight of DHS-designated civil=20
surgeons who perform medical examinations of both arriving aliens and=20
of those requesting status as a lawful permanent resident; and
    2. Ensure that all health issues potentially affecting public=20
health and safety in the United States are being or have been,=20
adequately addressed.
    Y. To a federal, state, local, tribal, or territorial government=20
agency seeking to verify or ascertain the citizenship or immigration=20
status of any individual within the jurisdiction of the agency for any=20
purpose authorized by law.
    Z. To the Social Security Administration (SSA) for the purpose of=20
issuing a SSN and card to an alien who has made a request for a SSN as=20
part of the immigration process and in accordance with any related=20
agreements in effect between the SSA, DHS and the Department of State=20
entered into pursuant to 20 CFR 422.103(b)(3); 422.103(c); and=20
422.106(a), or other relevant laws and regulations.
    AA. To federal and foreign government intelligence or=20
counterterrorism agencies or components where DHS becomes aware of an=20
indication of a threat or potential threat to national or international=20
security, or where such use is to conduct national intelligence and=20
security investigations or assist in anti-terrorism efforts.
    BB. To third parties to facilitate placement or release of an=20
individual (e.g., at a group home, homeless shelter, etc.) who has been=20
or is about to be released from DHS custody but only such information=20
that is relevant and necessary to arrange housing or continuing medical=20
care for the individual.
    CC. To an appropriate domestic government agency or other=20
appropriate authority for the purpose of providing information about an=20
individual who has been or is about to be released from DHS custody=20
who, due to a condition such as mental illness, may pose a health or=20
safety risk to himself/herself or to the community. ICE will only=20
disclose information about the individual that is relevant to the=20
health or safety risk they may pose and/or the means to mitigate that=20
risk (e.g., the individual's need to remain on certain medication for a=20
serious mental health condition).
    DD. To foreign governments for the purpose of coordinating and=20
conducting the removal of individuals to other nations under the INA;=20
and to international, foreign, and intergovernmental agencies,=20
authorities, and organizations in accordance with law and formal or=20
informal international arrangements.
    EE. To a federal, state, local, territorial, tribal, international,=20
or foreign criminal, civil, or regulatory law enforcement authority=20
when the information is necessary for collaboration, coordination and=20
de-confliction of investigative matters, prosecutions, and/or other law=20
enforcement actions to avoid duplicative or disruptive efforts and to=20
ensure the safety of law enforcement officers who may be working on=20
related law enforcement matters.
    FF. To the DOJ Federal Bureau of Prisons and other federal, state,=20
local, territorial, tribal and foreign law enforcement or custodial=20
agencies for the purpose of placing an immigration detainer on an=20
individual in that agency's custody, or to facilitate the transfer of=20
custody of an individual from DHS to the other agency. This will=20
include the transfer of information about unaccompanied minor children=20
to HHS to facilitate the custodial transfer of such children from DHS=20
to HHS.
    GG. To federal, state, local, tribal, territorial, or foreign=20
governmental or quasi-governmental agencies or courts to confirm the=20
location, custodial status, removal or voluntary departure of an alien=20
from the United States, in order to facilitate the recipients' exercise=20
of responsibilities pertaining to the custody, care, or legal rights=20
(including issuance of a U.S. passport) of the removed individual's=20
minor children, or the adjudication or collection of child

[[Page 34239]]

support payments or other debts owed by the removed individual.
    HH. To a federal, state, tribal, territorial, local, international,=20
or foreign government agency or entity for the purpose of consulting=20
with that agency or entity: (1) To assist in making a determination=20
regarding redress for an individual in connection with the operations=20
of a DHS component or program; (2) for the purpose of verifying the=20
identity of an individual seeking redress in connection with the=20
operations of a DHS component or program; or (3) for the purpose of=20
verifying the accuracy of information submitted by an individual who=20
has requested such redress on behalf of another individual.
    II. To the news media and the public, with the approval of the=20
Chief Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining=20
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on paper, magnetic disc, tape, CD-ROM, DVD, and other=20
digital media.

Retrievability:
    Digitized A-Files maintained in EDMS can be searched and retrieved=20
by any of the following fields alone or in any combination:
     A-Number;
     Last name;
     First name;
     Middle name;
     Aliases;
     Date of birth;
     Country of birth;
     Gender; and
     Through a full text-based search of records contained in=20
the digitized A-File (based on optical character recognition of the=20
scanned images).
    The location of the paper record from which the digitized A-Files=20
was produced can be searched in CIS using the following data:
     A-Number; or
     Full name; or
     Alias; or
     Sounds-like name with or without date of birth; or
     Certificate of Citizenship or Naturalization Certificate=20
number; or
     Driver's License Number; or
     FBI Identification Number; or
     Fingerprint Identification Number; or
     I-94 admission number; or
     Passport number; or
     Social Security Number; or
     Travel document number.
    The location of the paper or digitized record A-Files and Receipt=20
Files can be searched in NFTS using the following data:
     A-Number; or
     Receipt File Number.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict physical and technical=20
controls have been imposed to minimize the risk of compromising the=20
information that is being stored. Access to the hard copy records and=20
computer systems containing the records in this system is limited to=20
those individuals who have a need to know the information for the=20
performance of their official duties and who have appropriate=20
clearances or permissions.

Retention and disposal:
    The A-File records are permanent whether hard copy or electronic.=20
A-Files are transferred to the custody of the National Archives 100=20
years after the individual's date of birth. Newly-eligible files are=20
transferred to the National Archives every five years. When a paper A-
File is digitized, the digitized A-File maintained in EDMS becomes the=20
official record and maintains the same retention schedule as the=20
original paper A-File. The hard copy files are sent to the records=20
center once the records have been digitized.
    CIS records are permanently retained on-site because they are the=20
index of where the physical A-File is and whether it has been=20
transferred to the National Archives.
    NFTS records are temporary and deleted when they are no longer=20
needed for agency business. The records exist only as a reference to a=20
physical or digital file, and exist for as long as the referenced file=20
exists. NFTS records associated with an A-File will be retained on a=20
permanent basis even after the A-File has been retired to NARA to=20
retain accurate recordkeeping. Receipt Files with a shorter retention=20
period will have the associated NFTS record destroyed or deleted once=20
the file has been destroyed.

System manager and address:
    The DHS system manager is the Chief, Records Division, U.S.=20
Citizenship and Immigration Services, Department of Homeland Security,=20
U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue,=20
NW., Washington, DC 20529.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from=20
the notification, access, and amendment procedures of the Privacy Act=20
because it contains classified and sensitive unclassified information=20
related to intelligence, counterterrorism, homeland security, and law=20
enforcement programs. These exemptions apply only to the extent that=20
records in the system are subject to exemption. However, USCIS will=20
consider individual requests to determine whether or not information=20
may be released. Individuals must request access to their information=20
by submitting a Freedom of Information (FOIA) or Privacy Act request to=20
USCIS in writing clearly marked ``Privacy Act Request'' or ``FOIA=20
Request'' to the following address: National Records Center, U.S.=20
Citizenship and Immigration Services, FOIA/PA Office, P.O. Box 64064-
8010, Lee's Summit, MO 64064-8010.
    When seeking records about yourself from this system of records or=20
any other Departmental system of records, your request must conform=20
with the Privacy Act regulations set forth in 6 CFR part 5. You must=20
first verify your identity, meaning that you must provide your full=20
name, current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, which permits statements to be made under penalty of=20
perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Chief FOIA=20
Officer, http://www.dhs.gov/FOIA =
or 1-866-431-0486. In addition you=20
should provide the following:
     An explanation of why you believe the Department would=20
have information on you;
     Identify which component(s) of the Department you believe=20
may have the information about you;

[[Page 34240]]

     Specify when you believe the records would have been=20
created;
     Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records;=20
and
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information, USCIS may not be able to conduct=20
an effective search, and your request may be denied due to lack of=20
specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Basic information contained in DHS records is supplied by=20
individuals on Department of State and DHS applications and forms.=20
Other information comes from inquiries or complaints from members of=20
the general public and members of Congress; referrals of inquiries or=20
complaints directed to the President or Secretary of Homeland Security;=20
reports of investigations, sworn statements, correspondence, official=20
reports, memoranda, and written referrals from other entities,=20
including federal, state, and local governments, various courts and=20
regulatory agencies, foreign government agencies and international=20
organizations.

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted this system from=20
the following provisions of the Privacy Act, subject to the limitations=20
set forth in 5 U.S.C. 552a(c)(3) and (c)(4): (d); (e)(1), (e)(2),=20
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (e)(12); (f);=20
(g)(1); and (h) pursuant to 5 U.S.C. 552a(j)(2). Additionally, the=20
Secretary of Homeland Security has exempted this system from the=20
following provisions of the Privacy Act, subject to the limitation set=20
forth in 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),=20
(e)(4)(I); and (f) pursuant to 5 U.S.C. 552a(k)(1) and (k)(2).

    Dated: May 27, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-14489 Filed 6-10-11; 8:45 am]
BILLING CODE 9111-97-P