From: Subject: Federal Register, Volume 73 Issue 189 (Monday, September 29, 2008) Date: Mon, 11 Jun 2012 14:28:22 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2008-09-29/html/E8-22802.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157 =EF=BB=BF Federal Register, Volume 73 Issue 189 (Monday, = September 29, 2008) 
[Federal Register Volume 73, Number 189 (Monday, September =
29, 2008)]
[Notices]
[Pages 56596-56600]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: E8-22802]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0091]


Privacy Act of 1974; United States Citizenship and Immigration=20
Services Benefits Information System

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of=20
Homeland Security is giving notice that it proposes to consolidate=20
three legacy record systems: Justice/INS-013 INS Computer Linked=20
Application Information Management System (CLAIMS) (67 FR 64132 October=20
17, 2002), Justice/INS-031 Redesigned Naturalization Application=20
Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS-
033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest=20
System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of=20
Homeland Security/United States Citizenship and Immigration Services=20
system of records notice titled, United States Citizenship and=20
Immigration Services Benefits Information System. Categories of=20
individuals, categories of records, and the routine uses of these=20
legacy system of records notices have been

[[Page 56597]]

consolidated and updated to better reflect the Department's immigration=20
petition and application information record systems. This system will=20
be included in the Department's inventory of record systems.

DATES: Written comments must be submitted on or before October 29,=20
2008. This new system will be effective October 29, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0091 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to http://www.regulations.gov/,=20
including any personal information provided.
     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 Hawkins (202-272-8000), USCIS Privacy Officer, 20 Massachusetts=20
Avenue, NW., Washington, DC 20529. For privacy issues, please contact:=20
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office,=20
U.S. Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:=20

I. Background

    Pursuant to the savings clause in the Homeland Security Act of=20
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,=20
2002), the Department of Homeland Security (DHS) and its components and=20
offices have relied on preexisting Privacy Act system of records=20
notices for the maintenance of records that concern DHS/United States=20
Citizenship and Immigration Services (USCIS) immigration application=20
information record systems. As part of its mission, DHS implements=20
United States immigration law and policy through the USCIS processing=20
and adjudication of applications and petitions submitted for=20
naturalization, request for lawful permanent residence, asylum, refugee=20
status, and other immigrant and non immigrant benefits. USCIS also=20
supports national security by preventing individuals from fraudulently=20
obtaining immigration benefits and by denying applications submitted by=20
individuals who pose national security or public safety threats.
    USCIS receives and adjudicates petitions and applications for all=20
United States immigrant and non immigrant benefits. This SORN covers=20
the USCIS computer systems associated with processing all immigrant and=20
non immigrant benefits applications and petitions except asylum, and=20
refugee status. The following major computer systems maintain=20
information covered by this SORN: CLAIMS 3, CLAIMS 4, the Redesigned=20
Naturalization Application Casework System (RNACS); the Citizenship and=20
Immigration Services Centralized Oracle Repository (CISCOR), the=20
Interim Case Management System (ICMS), Integrated Voice Response System=20
(IVRS), and the Integrated Card Production System (ICPS). These systems=20
are referred to as the ``Benefits Information Systems'' throughout the=20
remainder of this document.

System Information Use and Collection

    Information in Benefits Information Systems includes information=20
provided by the individual on the application and/or petition for an=20
immigration benefits and non-immigrant benefits, and varies depending=20
on the benefit. Additionally, these systems collect DHS transactional=20
data that indicates which steps of the adjudication process have been=20
completed such as an appointment to submit biometrics for a background=20
check, other pending benefits, and/or whether the applicant is=20
suspected of fraudulent activity that could bear on fitness or=20
eligibility for the requested benefits.
    Benefits Information Systems share information with many government=20
systems internal and external to DHS. All information sharing is=20
conducted within the parameters of existing Privacy Act of 1974 routine=20
sharing requirements. All sharing is related to the purposes for which=20
the information was originally collected.
    In accordance with the Privacy Act of 1974, DHS is giving notice=20
that it proposes to consolidate three legacy record systems: Justice/
INS-013 INS Computer Linked Application Information Management System=20
(CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned=20
Naturalization Application Casework System (RNACS) (67 FR 20996 April=20
29, 2002), and Justice/INS-033 I-551 Renewal Program Temporary Sticker=20
Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001)=20
into one DHS/USCIS system of records notice titled, United States=20
Citizenship and Immigration Services Benefits Information System.=20
Categories of individuals, categories of records, and the routine uses=20
of these legacy system of records notices have been consolidated and=20
updated to better reflect DHS/USCIS's immigration application=20
information record systems. This system will be included in the DHS's=20
inventory of record systems.

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 personally identifiable=20
information. The Privacy Act applies to information that is maintained=20
in a ``system of records.'' A ``system of records'' is a group of any=20
records under the control of an agency for which information is=20
retrieved by the name of an individual or by some identifying number,=20
symbol, or other identifying particular assigned to the individual. In=20
the Privacy Act, an individual is defined to encompass United States=20
citizens and legal permanent residents. As a matter of policy, DHS=20
extends administrative Privacy Act protections to all individuals where=20
the systems of records maintain information on U.S. citizens, lawful=20
permanent residents, and visitors. Individuals may request access to=20
their own records that are maintained in a system of records in the=20
possession or under the control of DHS by complying with DHS Privacy=20
Act regulations, 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 of=20
information contained in each system in order to make agency record=20
keeping practices transparent, to notify individuals regarding the uses=20
to which personally identifiable information is put, and to assist=20
individuals to more easily find such files within the agency. Below is=20
the description of the Benefits Information Systems System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this system of records to the Office of Management and Budget (OMB) and=20
to Congress.
System of Records:
    DHS/USCIS-007

[[Page 56598]]

System Name:
    United States Citizenship and Immigration Services Benefits=20
Information System

Security Classification:
    Unclassified.

System Location:
    Records are maintained at the United States Citizenship and=20
Immigration Services Headquarters in Washington, DC and in field=20
offices.

Categories of Individuals Covered by the System:
    Categories of individuals covered by this system include persons=20
who have filed (for themselves or on the behalf of others) applications=20
or petitions for immigration benefits (other than asylum and refugee)=20
under the Immigration and Nationality Act, as amended, and/or who have=20
submitted fee payments or received refunds from such applications or=20
petitions; current, former and potential (e.g., fianc[eacute]) family=20
members of applicants/petitioners; persons who complete immigration=20
forms for applicants and petitioners (e.g., attorneys, form preparers);=20
name of applicant's employer; and individuals who seek access to=20
records retained in the Benefits Information System under the Freedom=20
of Information/Privacy Acts (FOIA/PA).

Categories of Records in the System:
    Categories of records in this system include:
     Individual's name;
     Social Security Number (if applicable);
     A-Number (if applicable);
     Addresses;
     Telephone numbers;
     Birth and death information;
     Citizenship or nationality;
     Immigration status;
     Marital and family status;
     Personal characteristics (e.g., height and weight);
     Records regarding tax payment and financial matters;
     Records regarding employment;
     Medical records;
     Military and Selective Service records;
     Records regarding organization membership or affiliation;
     Biometric and other information collected to conduct=20
background checks;
     DHS issued card serial numbers;
     Records regarding criminal history and other background=20
check information; and
     Case processing information such as date applications were=20
filed or received by USCIS; application/petition status, location of=20
record, FOIA/PA or other control number when applicable, and fee=20
receipt data.

Authority for Maintenance of the System:
    8 U.S.C. 1103; 8 U.S.C. 1363; and 31 U.S.C. 3512.

Purpose(s):
    The purpose of this system is to assist in the automated processing=20
of immigrant and nonimmigrant benefit petitions and applications. Both=20
investigative and administrative records are maintained in this system=20
to permit DHS/USCIS to function efficiently. Reports are also generated=20
from the data within the system of records. This system of records=20
notice enables DHS/USCIS to provide automated support to process=20
applications and/or petitions for benefits; determine the status of=20
pending applications and/or petitions for benefits; account for and=20
control the receipt and disposition of any fees and refunds collected;=20
conduct searches pursuant to FOIA and Privacy Act requests; and locate=20
related physical and automated files to support DHS/USCIS responses to=20
inquiries about these records.

Routine Uses of Records Maintained in the System, Including Categories=20
of Users and the Purposes of Such Uses:
    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 contained=20
in this system may be disclosed outside DHS as a routine use pursuant=20
to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice or other Federal agency conducting=20
litigation or in proceedings before any court, adjudicative or=20
administrative body, when:
    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, entities, and persons 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. The Department has determined that as a result of the suspected=20
or 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) that rely upon the=20
compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's 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
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
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 the Department of State for the purpose of assisting in the=20
processing of petitions or applications for benefits

[[Page 56599]]

under the Immigration and Nationality Act, and all other immigration=20
and nationality laws including treaties and reciprocal agreements.
    J. To appropriate Federal, State, tribal, and local government law=20
enforcement and regulatory agencies, foreign governments, and=20
international organizations, for example: The Department of Defense;=20
the Department of State; the Department of the Treasury; the Central=20
Intelligence Agency; the Selective Service System; the United Nations;=20
and the International Criminal Police Organization (INTERPOL); as well=20
as to other individuals and organizations during the course of an=20
investigation by DHS or the processing of a matter under DHS's=20
jurisdiction, or during a proceeding within the purview of the=20
immigration and nationality laws, when DHS deems that such disclosure=20
is necessary to carry out its functions and statutory mandates to=20
elicit information required by DHS to carry out its functions and=20
statutory mandates.
    K. To an appropriate Federal, State, local, tribal, foreign, or=20
international agency, if the information is relevant and necessary to a=20
requesting agency's decision concerning the hiring or retention of an=20
individual, or issuance of a security clearance, license, contract,=20
grant, or other benefit, or if the information is relevant and=20
necessary to a DHS decision concerning the hiring or retention of an=20
employee, the issuance of a security clearance, the reporting of an=20
investigation of an employee, the letting of a contract, or the=20
issuance of a license, grant or other benefit and when disclosure is=20
appropriate to the proper performance of the official duties of the=20
person making the request.
    L. 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.
    M. 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 DHS/USCIS or the=20
Executive Office for Immigration Review.
    N. To a Federal, State, tribal, or local government agency to=20
assist such agencies in collecting the repayment of loans, or=20
fraudulently or erroneously secured benefits, grants, or other debts=20
owed to them or to the United States Government, or to obtain=20
information that may assist USCIS in collecting debts owed to the=20
United States Government; to a foreign government to assist such=20
government in collecting the repayment of loans, or fraudulently or=20
erroneously secured benefits, grants, or other debts owed to it=20
provided that the foreign government in question:
    1. Provides sufficient documentation to establish the validity of=20
the stated purpose of its request; and
    2. Provides similar information to the United States upon request.
    O. 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).
    P. Consistent with the requirements of the Immigration and=20
Nationality Act, to the Department of Health and Human Services (HHS),=20
the Centers for Disease Control and Prevention (CDC), or to any State=20
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. To ensure that all health issues potentially affecting public=20
health and safety in the United States are being or have been,=20
adequately addressed.
    Q. To a Federal, State or local government agency seeking to verify=20
or ascertain the citizenship or immigration status of any individual=20
within the jurisdiction of the agency for any purpose authorized by=20
law.
    R. To the Social Security Administration (SSA) for the purpose of=20
issuing a Social Security number and card to an alien who has made a=20
request for a Social Security number as part of the immigration process=20
and in accordance with any related agreements in effect between the=20
SSA, DHS and the Department of State entered into pursuant to 20 CFR=20
422.103(b)(3); 422.103(c); and 422.106(a), or other relevant laws and=20
regulations.
    S. 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.
    T. To an individual's prospective or current employer to the extent=20
necessary to determine employment eligibility.
    U. To a Federal, State, or local agency, or other appropriate=20
entities or individuals, or through established liaison channels to=20
selected foreign governments, in order to provide intelligence,=20
counterintelligence, or other information for the purposes of=20
intelligence, counterintelligence, or antiterrorism activities=20
authorized by U.S. law, or Executive Order.
    V. To a Federal agency, where appropriate, to enable such agency to=20
make determinations regarding the payment of Federal benefits to the=20
record subject in accordance with that agency's statutory=20
responsibilities.
    W. To the news media and the public, with the approval of the Chief=20
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:
    Through the Debt Management Center (DMC) at DHS, Benefits=20
Information Systems information may be shared with credit reporting=20
agencies. The primary mission of the DMC is to collect debts resulting=20
from an individual's participation in DHS benefits programs. Benefits=20
Information Systems share information with the DMC regarding fees=20
charged during various application processes to ensure collection of=20
debts.

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 magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by individual's name and address,=20
telephone numbers, birth and death information, A-Number, Social=20
Security Number (SSN), records regarding citizenship, records regarding=20
immigration status, marital and family status, personal characteristics=20
(e.g., height and weight), records regarding tax payment and financial=20
matters, records regarding employment, medical records, military and=20
Selective Service records, records regarding organization

[[Page 56600]]

membership or affiliation, biometric and other information collected to=20
issue immigration cards evidencing receipt of immigration benefits and=20
to conduct background checks and necessary to determine the existence=20
of criminal history or other history necessary to make immigration=20
decisions. Records in the system may also include case processing=20
information such as date applications were filed or received by USCIS,=20
application/petition status, location of record, FOIA/PA or other=20
control number when applicable, and fee receipt data, and by=20
application/petition receipt number.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
system security access policies. Strict controls have been imposed to=20
minimize the risk of compromising the information that is being stored.=20
Access to the computer system containing the records in this system is=20
limited to those individuals who have a need to know the information=20
for the performance of their official duties and who have appropriate=20
clearances or permissions. The system maintains a real-time auditing=20
function of individuals who access the system. Additional safeguards=20
may vary by component and program.

Retention and Disposal:
    Electronic benefits information is archived and disposed of in=20
accordance with the criteria approved by NARA. Electronic data=20
pertaining to applications for naturalization will be deleted 15 years=20
after the processing of the benefit being sought is completed.=20
Information in the master file is destroyed 15 years after the last=20
completed action with respect to the application. System documentation=20
(e.g., manuals) are destroyed when the system is superseded, obsolete,=20
or no longer needed for agency business.
    Electronic records extracted from immigrant and nonimmigrant=20
benefits applications and petitions other than naturalization, asylum,=20
or refugee status completed by applicants or petitioners is destroyed=20
after the data is transferred to the electronic master file and=20
verified. Information in the master file is destroyed 15 years after=20
the last completed action with respect to the application. Daily=20
reports generated by associated information technology systems are=20
maintained for 15 years by the service center that generated the=20
reports and then destroyed.

System Manager(s) and Address:
    The system manager is the Director, Office of Records Services,=20
Department of Homeland Security, 111 Massachusetts Avenue, NW., Second=20
Floor, Washington, DC 20529.

Notification Procedures:
    Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to National Records Center, FOIA/PA=20
Office, P.O. Box 648010, Lee's Summit, MO 64064-8010. Specific FOIA=20
contact information can be found at http://www.dhs.gov/foia under=20
``Contacts.''
    When seeking records about yourself from this system of records or=20
any other USCIS system of records, your request must conform with the=20
Privacy Act regulations set forth in 6 CFR Part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
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, a law that permits statements to be made under penalty=20
or perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Director,=20
Disclosure and FOIA, http://www.dhs.gov/ or 1-866-431-0486. =
In addition=20
you should provide the following:
     An explanation of why you believe the Department would=20
have information on you,
     Specify when you believe the records would have been=20
created,
     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 will not be able to=20
conduct an effective search, and your request may be denied due to lack=20
of specificity or lack of compliance with applicable regulations.

Record Access Procedures:
    See ``Notification procedure'' above.

Contesting Record Procedures:
    See ``Notification procedure'' above.

Record Source Categories:
    Information contained in this system of records is obtained from=20
the individuals covered by the system.

Exemptions Claimed for the System:
    None.

Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-22802 Filed 9-26-08; 8:45 am]
BILLING CODE 4410-10-P