81 FR 72069 - Privacy Act of 1974; Department of Homeland Security/United States Citizenship and Immigration Services-007 Benefit Information System, System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 202 (October 19, 2016)

Page Range		72069-72075
FR Document		2016-25192
In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to update and reissue a current DHS system of records titled, ``DHS/United States Citizenship and Immigration Services (USCIS)-007 Benefit Information System'' system of records. DHS/USCIS collects, uses, and maintains the Benefit Information System records to administer immigrant or nonimmigrant benefit requests, ``hereinafter collectively referred to as ``benefit requests'' '' to process and adjudicate all benefit requests submitted for naturalization, lawful permanent residence, asylum, refugee status, and other immigrant and nonimmigrant benefits in accordance with U.S. immigration law. DHS/USCIS also uses the Benefit Information System to support national security by preventing individuals from fraudulently obtaining immigration benefits and by denying benefit requests submitted by individuals who pose national security or public safety threats. This system of records notice was previously published in the Federal Register on September 29, 2008, (73 FR 56596). DHS/USCIS is updating this system of records to: (1) Update the system location to include international offices and replicated copies on unclassified and classified networks; (2) update the category of individuals to include interpreters, preparers, physicians, and sponsors; (3) expand the categories of records to clarify the data elements that USCIS collects from benefit requestors, beneficiaries, and family members', benefit sponsors; representatives; preparers and interpreters; and physicians; (4) separate routine use (N) into two separate routine uses (i.e., (N), (O)) to provide clarity on information sharing with federal, state, tribal, or local government agencies and foreign government agencies for the repayment of loans; (5) update routine uses (W), (X), (Y), and (Z) to permit the sharing of information pursuant to a Computer Matching Agreement or other agreement, with the Department of Labor, with the public during the course of naturalization ceremonies, and with the Department of Treasury, respectively; (6) update retention schedules for each record type; (7) expand data elements used to retrieve records from the elements listed or a combination thereof; (8) update sources of records to include interpreters, preparers, and physicians; and (9) expand the system classification to provide notice that Benefit Information System records may be stored on both DHS unclassified and classified networks to allow for analysis and vetting consistent with existing DHS/USCIS authorities and purposes and this published notice. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This updated system will be included in the Department of Homeland Security's inventory of record systems.
Federal Register, Volume 81 Issue 202 (Wednesday, October 19, 2016)
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Notices]
[Pages 72069-72075]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25192]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0043]


Privacy Act of 1974; Department of Homeland Security/United 
States Citizenship and Immigration Services-007 Benefit Information 
System, System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to update and reissue a current DHS 
system of records titled, ``DHS/United States Citizenship and 
Immigration Services (USCIS)-007 Benefit Information System'' system of 
records. DHS/USCIS collects, uses, and maintains the Benefit 
Information System records to administer immigrant or nonimmigrant 
benefit requests, ``hereinafter collectively referred to as ``benefit 
requests'' '' to process and adjudicate all benefit requests submitted 
for naturalization, lawful permanent residence, asylum, refugee status, 
and other immigrant and nonimmigrant benefits in accordance with U.S. 
immigration law. DHS/USCIS also uses the Benefit Information System to 
support national security by preventing individuals from fraudulently 
obtaining immigration benefits and by denying benefit requests 
submitted by individuals who pose national security or public safety 
threats. This system of records notice was previously published in the 
Federal Register on September 29, 2008, (73 FR 56596).
    DHS/USCIS is updating this system of records to: (1) Update the 
system location to include international offices and replicated copies 
on unclassified and classified networks; (2) update the category of 
individuals to include interpreters, preparers, physicians, and 
sponsors; (3) expand the categories of records to clarify the data 
elements that USCIS collects from benefit requestors, beneficiaries, 
and family members', benefit sponsors; representatives; preparers and 
interpreters; and physicians; (4) separate routine use (N) into two 
separate routine uses (i.e., (N), (O)) to provide clarity on 
information sharing with federal, state, tribal, or local government 
agencies and foreign government agencies for the repayment of loans; 
(5) update routine uses (W), (X), (Y), and (Z) to permit the sharing of 
information pursuant to a Computer Matching Agreement or other 
agreement, with the Department of Labor, with the public during the 
course of naturalization ceremonies, and with the Department of 
Treasury, respectively; (6) update retention schedules for each record 
type; (7) expand data elements used to retrieve records from the 
elements listed or a combination thereof; (8) update sources of records 
to include interpreters, preparers, and physicians; and (9) expand the 
system classification to provide notice that Benefit Information System 
records may be stored on both DHS unclassified and classified networks 
to allow for analysis and vetting consistent with existing DHS/USCIS 
authorities and purposes and this published notice. Additionally, this 
notice includes non-substantive changes to simplify the formatting and 
text of the previously published notice.
    This updated system will be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before November 17, 2016. This updated 
system will be effective November 17, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0043 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.

INSTRUCTIONS: All submissions received must include the agency name and 
docket number for this rulemaking. 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, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Donald K. Hawkins, (202) 272-8000, Privacy Officer, U.S. Citizenship 
and Immigration Services, 20 Massachusetts Avenue NW., Washington, DC 
20529. For privacy questions, please contact: Jonathan R. Cantor, (202) 
343-1717, Acting Chief Privacy Officer, Privacy Office, Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) United States Citizenship and 
Immigration Services (USCIS) proposes to update and reissue a current 
DHS system of records titled,

[[Page 72070]]

``DHS/USCIS-007 Benefit Information System'' system of records.
    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 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; \1\
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    \1\ An individual may petition for relatives (or future 
relatives such as a fianc[eacute](e) or a prospective adopted child) 
to immigrate to the United States.
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    (2) Employment-Based; \2\
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    \2\ All foreign workers must obtain permission to work legally 
in the United States. Each employment category for admission has 
different requirements, conditions, and authorized periods of stay. 
USCIS offers the following employment-based categories: Temporary 
(nonimmigrant) worker, permanent workers, students and exchange 
visitors, and temporary visitors for business.
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    (3) Humanitarian-Based; \3\
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    \3\ USCIS provides a number of humanitarian programs and 
protection to assist individuals in need of shelter or aid from 
disasters, from oppression, for emergency medical issues, and for 
other urgent circumstances, including: Asylum; refugee; parole; 
deferred action; temporary protective status; battered spouse, 
children, and parents; and victims of human trafficking and other 
crimes.
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    (4) Adoption-Based; \4\ and
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    \4\ USCIS is responsible for determining the eligibility and 
suitability of the Prospective Adoptive Parents (individuals) 
looking to adopt and determining the eligibility of the child to 
immigrate to the United States.
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    (5) Citizenship and Naturalization-Based.\5\
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    \5\ Naturalization is the manner in which a person not born in 
the United States voluntarily becomes a U.S. citizen.
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    The Benefits Information System SORN covers the processing of 
immigrant and nonimmigrant benefit requests and does not cover requests 
for asylum and refugee status. The Benefits Information System 
includes: Information provided by or on behalf of individuals who 
submit immigrant and nonimmigrant benefit requests; background check 
results collected as part of the USCIS-initiated background check 
process; and transactional data that indicates which steps of the 
adjudication process have been completed, such as an appointment to 
submit biometrics for a background check, other pending benefits, 
whether the benefit requestor may have engaged in fraudulent activity, 
or activities that adversely impact the national security or public 
safety of the United States that could bear on fitness or eligibility 
for the requested benefits.
    Records covered by this Benefit Information System (BIS) SORN 
differ from records covered by the Alien File (A-File), Index, and 
National File Tracking SORN (see DHS/USCIS/ICE/CBP-001 Alien File, 
Index, and National File Tracking System of Records, November 21, 2013, 
78 FR 69864). The 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 A-File contains information 
relating to immigration benefits processing, protection of national 
security, and administering and enforcing immigration and nationality 
laws and related statutes. While USCIS is the custodian of the A-File, 
the three former Immigration and Naturalization Service (INS) agencies: 
USCIS, U.S. Customs and Border Protection (CBP), and U.S. Immigrations 
and Customs Enforcement (ICE), all contribute information to and use A-
Files. The A-File SORN covers the paper and electronic copy A-File and/
or Receipt File, supplemental forms, supplemental evidence, and 
identity history summaries (formally known as RAP sheets), but does not 
include all case processing and decisional data. The BIS SORN is 
specific to USCIS' collection, use, maintenance, dissemination, and 
storage of benefit request information, including case processing and 
decisional data not included in the A-file. USCIS records case 
processing information such as date USCIS received or filed benefit 
requests; benefit 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 benefit 
request form was referred to the Fraud Detection and National Security 
Directorate for review. Decisional data such as approval/denial code is 
also stored in the BIS SORN.
    USCIS is updating this system of records to (1) update system 
location to include international offices; (2) update category of 
individuals covered by this SORN, to include interpreters, preparers, 
and physicians, and sponsors; (3) expand the categories of records to 
clarify the data elements that USCIS collects from benefit requestors, 
beneficiaries, and family members; benefit sponsors; representatives; 
preparers and interpreters; and physicians; (4) separate routine use 
(N) has been separated into two separate routine uses (i.e., (N), (O)) 
to provide clarity on information sharing of information with federal, 
state, tribal, or local government agencies and foreign government 
agencies for the, respectively, in collecting the repayment of loans; 
later routine uses are being re-lettered for formatting; (5) update 
routine uses (W), (X), (Y), and (Z) to permit the sharing of 
information pursuant to a Computer Matching Agreement or other 
agreement, with the Department of Labor, with the public during the 
course of naturalization ceremonies, and with the Department of 
Treasury, respectively; (6) update retention schedules for each record 
type; (7) expand data elements used to retrieve records from the 
elements listed or a combination thereof; (8) update sources of records 
to include interpreters, preparers, and physicians; (9) expand the 
system classification to provide notice that Benefit Information System 
records may be stored on both DHS unclassified and classified networks 
to allow for analysis and vetting consistent with existing DHS/USCIS 
authorities and purposes and this published notice. Furthermore, this 
notice includes non-substantive changes to simplify the formatting and 
text of the previously published notice.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/USCIS-007 Benefit 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. Even when a valid routine use permits disclosure of information 
from this system of records to a third party, in some cases such 
disclosure may not be permissible because of confidentiality laws and 
policies that limit the sharing of information regarding individuals 
applying for certain immigration or non-immigration benefits.
    This updated system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which federal government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the

[[Page 72071]]

individual. In the Privacy Act, an individual is defined to encompass 
U.S. citizens and lawful permanent residents. As a matter of policy, 
DHS extends administrative Privacy Act protections to all individuals 
when systems of records maintain information on U.S. citizens, lawful 
permanent residents, and visitors.
    Below is the description of the DHS/USCIS-007 Benefit 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 of Records
DEPARTMENT OF HOMELAND SECURITY (DHS)/UNITED STATES CITIZENSHIP AND 
IMMIGRATION SERVICES (USCIS)-007

System name:
    DHS/USCIS-007 Benefit Information System.

Security classification:
    Unclassified, Sensitive, For Official Use Only. The data may be 
retained on classified networks, but this does not change the nature 
and character of the data until it is combined with classified 
information.

System location:
    Records are maintained in DHS/USCIS information technology (IT) 
systems (e.g., Computer Linked Application Information Management 
System (CLAIMS) 3, CLAIMS 4, Adoptions Case Management System, Case and 
Activity Management for International Operations) and associated 
electronic and paper files located at USCIS Headquarters in Washington, 
DC and in DHS/USCIS service centers and domestic and international 
field offices. Records are replicated from the operational DHS/USCIS IT 
systems and maintained on DHS unclassified and classified networks.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include (1) 
persons who have filed, for themselves or on the behalf of others 
(benefit requestors and beneficiaries), benefit requests for 
immigration benefits under the Immigration and Nationality Act as 
amended, and/or who have submitted fee payments or received refunds 
from such benefit requests; (2) current, former, and potential 
derivatives of benefit requestors (family members); (3) sponsors (e.g., 
employers, law enforcement officers, individuals); (4) attorneys and 
representatives recognized by USCIS and/or accredited by the Board of 
Immigration Appeals (Representatives); (5) interpreters; (6) 
individuals who assist in the preparation of the benefit request 
(Preparers); (7) individuals who make fee payments on behalf of the 
benefit requestor; and (8) physicians who conduct immigration related 
medical examinations.

Categories of records in the system:
    Information about benefit requestor, beneficiaries, and family 
members may include:
     Full Name;
     Alias(es);
     Physical and Mailing Addresses;
     A-Number;
     USCIS Online Account Number;
     Social Security number (SSN);
     Date of birth and/or Death;
     Nationality;
     Country of Citizenship;
     Place of birth;
     Gender;
     Marital status;
     Military status;
     Phone and fax numbers;
     Email address;
     Immigration status;
     Government-issued identification (e.g., passport, drivers' 
license):
    [cir] Document type;
    [cir] Issuing organization;
    [cir] Document number;
    [cir] Expiration date;
    [cir] Benefit requested;
     Notices and communications, including:
    [cir] Receipt notices;
    [cir] Requests for Evidence;
    [cir] Notices of Intent to Deny;
    [cir] Proofs of benefit;
     Signature;
     Benefit 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, removals, explanations);
     Family relationships (e.g., parent, spouse, sibling, 
child, other dependents) and 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, torture, 
genocide, killing, injuring, forced sexual contact, limiting or denying 
others religious beliefs, service in military or other armed groups, 
work in penal or detention systems, weapons distribution, combat 
training);
     Records regarding organization membership or affiliation;
     Health information (e.g., vaccinations, referrals, 
communicable diseases, physical or mental disorders, prostitution, drug 
or alcohol abuse);
     Travel history;
     Education history;
     Work history;
     Professional accreditation information;
     Financial information (e.g., income, expenses, 
scholarships, savings, assets, property, financial support, supporter 
information, life insurance, debts, encumbrances, tax records);
     Supporting documentation as necessary (e.g., birth, 
marriage, 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);
     Biometric (i.e., fingerprints and photographs) and other 
information (i.e., race, ethnicity, weight, height, eye color, hair 
color) collected to conduct background checks;
     Description of relationships between benefit requestors, 
representative, 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;
     Physical and mailing addresses;
     Phone and fax numbers;
     Country of domicile;
     Date of birth;

[[Page 72072]]

     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 Representatives includes:
     Name;
     Law Firm/Recognized Organization;
     Physical and mailing addresses;
     Phone and fax numbers;
     Email address;
     Attorney Bar Card Number or equivalent;
     Bar membership;
     Accreditation date;
     Board of Immigration Appeals Representative Accreditation;
     Expiration date;
     Law Practice Restriction explanation; 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 benefit 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;
     Professional experience;
     License number;
     Other Physician Identifying Number(s);
     Licensing state and date of issuance;
     Type of Degree/License (i.e., 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.

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

Purpose(s):
    The purpose of this system is to permit USCIS' collection, use, 
maintenance, dissemination, and storage of paper and electronic benefit 
request information, including case processing and decisional data not 
included in the A-File SORN (DHS/USCIS/ICE/CBP-001 Alien File, Index, 
and National File Tracking System of Records, November 21, 2013, 78 FR 
69864). These records assist in the processing of immigrant and 
nonimmigrant benefit requests from the time when USCIS collects the 
information from the benefit requestor until the case reaches a final 
decision in the relevant case management system. This system of records 
does not cover requests for asylum or refugee status. This system of 
records notice 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 Freedom of Information 
Act (FOIA) and Privacy Act requests; and locate related physical and 
automated files to support DHS/USCIS responses to inquiries about these 
records.
    DHS/USCIS maintains a replica of some or all of the data in the 
operating system on DHS unclassified and classified networks to allow 
for analysis and vetting consistent with the above stated purposes and 
this published notice.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3). Even when a valid routine 
use permits disclosure of information from this system of records to a 
third party, in some cases such disclosure may not be permissible 
because of confidentiality laws and policies that limit the sharing of 
information regarding individuals applying for certain immigration or 
non-immigration benefits.
    Information in this system of records contains information relating 
to persons who have pending or approved 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 persons who have pending or approved 
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 U.S. 
Department of Justice (DOJ) and Offices of the United States Attorney 
as part of an ongoing criminal or civil investigation.
    A. To the DOJ, including Offices of the United States Attorneys, or 
other federal agency conducting litigation or in proceedings before any 
court, adjudicative, or administrative body, when it is relevant or 
necessary to the litigation and one of the following is a party of the 
litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or

[[Page 72073]]

oversight operations as authorized by law, but only such information as 
is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS' efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation, enforcing, or 
implementing a law, rule, regulation, or order, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To clerks and judges of courts exercising naturalization 
jurisdiction for the purpose of filing applications for naturalization 
and to enable such courts to determine eligibility for naturalization 
or grounds for revocation of naturalization.
    I. 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.
    J. 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.
    K. To an appropriate Federal, State, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agencies decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit, or if the information is relevant and 
necessary to a DHS decision concerning the hiring or retention of an 
employee, the issuance of a security clearance, the reporting of an 
investigation of an employee, the letting of a contract, or the 
issuance of 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.
    L. 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.
    M. 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 
Executive Office for Immigration Review.
    N. 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 United States Government, or to obtain information that may 
assist USCIS in collecting debts owed to the United States Government.
    O. 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.
    P. To a coroner for purposes of affirmatively identifying a 
deceased individual (whether or not such individual is deceased as a 
result of a crime).
    Q. 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.
    R. 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.
    S. 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.
    T. 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 persons former area of 
responsibility.
    U. To an individual's prospective or current employer to the extent 
necessary to determine employment eligibility (for example, pursuant to 
the Form I-140, Immigrant Petition for Alien Worker).
    V. 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.

[[Page 72074]]

    W. To approved federal, state, and local government agencies that 
grant public benefits, licenses, grants, governmental credentials, or 
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.
    X. To the Department of Labor for enforcement of labor 
certification violations and violations of U.S. labor laws.
    Y. To the news media and the public during the course of 
naturalization ceremonies administered by USCIS or an Immigration 
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.
    Z. To the Department of Treasury to perform initial processing of 
benefit requests and to accept and resolve payment and any related 
issues.
    AA. To the news media and the public, with the approval of the 
Chief Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy.

Disclosure to consumer reporting agencies:
    Through the ICE Financial Operations--Burlington at DHS, Benefits 
Information Systems information may be shared with credit reporting 
agencies. The primary mission of the ICE Financial Operations--
Burlington is to collect debts resulting from an individual's 
participation in DHS benefits programs. USCIS may share Benefits 
Information System information with the ICE Financial Operations--
Burlington regarding fees charged during the various benefit requests 
processes to ensure collection of debts.
    Pursuant to 5 U.S.C. 552a(b)(12), the Department of Treasury 
Financial Management Service, on behalf of USCIS, may disclose to 
consumer reporting agencies in accordance with the provision of 15 
U.S.C. 1681, et seq. or the Federal Claims Collection Act of 1966 as 
amended (31 U.S.C. 3701, et seq.). The purpose of this disclosure is to 
aid in the collection of outstanding debts owed to the Federal 
Government, typically, to provide an incentive for debtors to repay 
delinquent Federal Government debts by making these part of their 
credit records.
    Disclosure of records is limited to the individual's name, address, 
EIN/SSN, and other information necessary to establish the individual's 
identity; the amount, status, and history of the claim; and the agency 
or program under which the claim arose. The disclosure will be made 
only after the procedural requirements of 31 U.S.C. 3711(e) have been 
followed.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    DHS/USCIS stores records in this system electronically in the 
operational IT systems (such as CLAIMS 3 and CLAIMS 4), including on 
DHS unclassified and classified networks, or on paper in secure 
facilities in a locked drawer or behind a locked door. The records may 
be stored on magnetic disc, tape, within cloud service providers, and 
digital media.

Retrievability:
    Records may be retrieved by 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.

Safeguards:
    DHS/USCIS safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. DHS/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.

Retention and disposal:
    DHS/USCIS stores the physical documents (paper forms) and 
supplemental documentation in the Alien File and processes benefit 
requests in the respective DHS/USCIS case management system. The A-File 
records are permanent whether hard copy or electronic. DHS/USCIS 
transfers the A-Files to the custody of NARA 100 years after the 
individual's date of birth.
    Electronic benefits information is archived and disposed of in 
accordance with NARA-approved retention schedule for the respective 
USCIS systems.
     Electronic data pertaining to applications for 
naturalization will be deleted 15 years after the processing of the 
benefit being sought is completed. Information in the master file is 
destroyed 15 years after the last completed action with respect to the 
application.
     Electronic records pertaining to benefits other than 
naturalization completed by benefit requestors domestically are 
destroyed after the data is transferred to the electronic master file 
and verified. Information in the master file is destroyed 50 years 
after the last completed action with respect to the benefit.
     Electronic records pertaining to benefits requests other 
than naturalization and are completed by benefit requestors 
internationally are destroyed after the data is transferred to the 
electronic master file and verified. Information in the master file is 
destroyed 25 years after the last completed action with respect to the 
benefit.
     Electronic notices and communications associated with a 
benefit 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.
     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 respective 
retention schedule and then destroyed.
    Records replicated on the unclassified and classified networks for 
analysis and vetting will follow the same retention schedule.

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

Notification procedure:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the National Records Center, Freedom 
of Information

[[Page 72075]]

Act (FOIA)/Privacy Act (PA) Office, P.O. Box 648010, Lee's Summit, MO 
64064-8010. Specific FOIA information can be found at http://www.dhs.gov/foia under ``Contacts.'' 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, 245 Murray Drive 
SW., Building 410, STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief FOIA Officer, http://www.dhs.gov/foia or 1-866-431-
0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records;
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.
    In processing requests for access to information in this system, 
USCIS will review the records in the operational system and coordinate 
with DHS to address access to records on the DHS unclassified and 
classified networks.

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

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

Record source categories:
    DHS/USCIS obtains records from the benefit requestor, his or her 
Representative, Physician, Preparer, or Interpreter. DHS/USCIS 
personnel may input information as they process a case, including 
information from internal and external sources to verify whether a 
benefit requestor or family is eligible for the benefit requested. 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, 78 FR 69864 (November 21, 2013);
     DHS/USCIS-002 Background Check Service, 72 FR 31082 (June 
5, 2007);
     DHS/USCIS-003 Biometric Storage System, 72 FR 17172 (April 
6, 2007);
     DHS/USCIS-005 Inter-Country Adoptions Security 72 FR 31086 
(June 5, 2007);
     DHS/USCIS-006 Fraud Detection and National Security 
Records (FDNS) 77 FR 47411 (August 8, 2012);
     DHS/USCIS-010 Asylum Information and Pre-Screening, 75 FR 
409 (January 5, 2010);
     DHS/CBP-011 U.S. Customs and Border Protection TECS, 73 FR 
77778 (December 19, 2008);
     DHS/ICE-001 Student and Exchange Visitor Information 
System, 75 FR 412 (January 5, 2010);
     DHS/ICE-011 Immigration and Enforcement Operational 
Records System (ENFORCE), 80 FR 24269 (April 30, 2015);
     DHS/CBP-021 Arrival and Departure Information System 
(ADIS), 80 FR 72081 (November 18, 2015);
     DHS/NPPD-004 DHS Automated Biometric Identification System 
(IDENT), 72 FR 31080 (June 5, 2007);
     JUSTICE/EOIR-001 Records and Management Information 
System, 72 FR 3410 (January 25, 2007);
     JUSTICE/FBI-002 The FBI Central Records System, 72 FR 3410 
(January 25, 2007);
     JUSTICE/FBI-009 Fingerprint Identification Records System 
(FIRS), 72 FR 3410 (January 25, 2007);
     DOL/ETA-7 Employer Application and Attestation File for 
Permanent and Temporary Alien Workers, 77 FR 1728, (January 10, 2012);
     STATE-05 Overseas Citizens Services Records, 73 FR 24343 
(May 2, 2008);
     STATE-26 Passport Records, 76 FR 34966 (July 6, 2011);
     STATE-39 Visa Records, 77 FR 65245 (October 25, 2012); and
     TREASURY/FMS-017 Collections Records, 74 FR 23006 (May 15, 
2009).

Exemptions claimed for the system:
    None.

    Dated: October 5, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-25192 Filed 10-18-16; 8:45 am]
 BILLING CODE 9111-97-P
72072 Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices

• Place of birth; • Type of Degree/License (i.e., when a valid routine use permits
• Citizenship information; medical doctor, doctor of osteopathy, or disclosure of information from this
• SSN; clinical psychologist); system of records to a third party, in
• A–Number; • Type of medical practice; some cases such disclosure may not be
• USCIS Online Account Number; • Examination dates of the benefit permissible because of confidentiality
• Employment information; requestor; laws and policies that limit the sharing
• Financial information (e.g., income, • Clinical methods used to diagnose of information regarding individuals
expenses, scholarships, savings, assets, benefit requestor; applying for certain immigration or non-
property, financial support, supporter • Email address; and immigration benefits.
information, life insurance, debts, • Signature. Information in this system of records
encumbrances, tax records); contains information relating to persons
• Position and relationship to an AUTHORITY FOR MAINTENANCE OF THE SYSTEM: who have pending or approved benefit
organization (e.g., manager of a Authority for maintaining this system requests for special protected classes
company seeking formal recognition by is in Sections 103 and 290 of the INA, and should not be disclosed pursuant to
USCIS); as amended (8 U.S.C. 1103 and 1360), a routine use unless disclosure is
• Family relationships (e.g., parent, the regulations issued pursuant thereto; otherwise permissible under the
spouse, sibling, natural, foster, and/or and Section 451 of the Homeland confidentiality statutes, regulations, or
adopted child, other dependents); and Security Act of 2002 (Pub. L. 107–296). policies applicable to that information.
• Relationship practices (e.g., For example, information relating to
PURPOSE(S):
polygamy, custody, guardianship). persons who have pending or approved
Information about Representatives The purpose of this system is to benefit requests for protection under the
includes: permit USCIS’ collection, use, Violence Against Women Act, Seasonal
• Name; maintenance, dissemination, and Agricultural Worker or Legalization
• Law Firm/Recognized Organization; storage of paper and electronic benefit claims, the Temporary Protected Status
• Physical and mailing addresses; request information, including case of an individual, and information
• Phone and fax numbers; processing and decisional data not relating to nonimmigrant visas protected
• Email address; included in the A–File SORN (DHS/ under special confidentiality provisions
• Attorney Bar Card Number or USCIS/ICE/CBP–001 Alien File, Index, should not be disclosed pursuant to a
equivalent; and National File Tracking System of routine use unless disclosure is
• Bar membership; Records, November 21, 2013, 78 FR otherwise permissible under the
• Accreditation date; 69864). These records assist in the confidentiality statutes, regulations, or
• Board of Immigration Appeals processing of immigrant and policies applicable to that information.
Representative Accreditation; nonimmigrant benefit requests from the These confidentiality provisions do not
• Expiration date; time when USCIS collects the prevent DHS from disclosing
• Law Practice Restriction information from the benefit requestor information to the U.S. Department of
explanation; and until the case reaches a final decision in Justice (DOJ) and Offices of the United
• Signature. the relevant case management system. States Attorney as part of an ongoing
Information about Preparers and This system of records does not cover criminal or civil investigation.
Interpreters may include: requests for asylum or refugee status. A. To the DOJ, including Offices of
• Full name; This system of records notice enables the United States Attorneys, or other
• Organization; DHS/USCIS to process benefit requests federal agency conducting litigation or
• Business State ID number; electronically; determine the status of in proceedings before any court,
• Employer Tax Identification pending benefit requests; account for adjudicative, or administrative body,
Number; and control the receipt and disposition when it is relevant or necessary to the
• Physical and mailing addresses; of any fees and refunds collected; litigation and one of the following is a
• Email address; conduct searches pursuant to Freedom party of the litigation or has an interest
• Phone and fax numbers; of Information Act (FOIA) and Privacy in such litigation:
• Relationship to benefit requestor; Act requests; and locate related physical 1. DHS or any component thereof;
and and automated files to support DHS/ 2. Any employee or former employee
• Signature. USCIS responses to inquiries about of DHS in his/her official capacity;
Information about individuals who these records. 3. Any employee or former employee
make fee payments on behalf of the DHS/USCIS maintains a replica of of DHS in his/her individual capacity
benefit requestor includes: some or all of the data in the operating when DOJ or DHS has agreed to
• Name; system on DHS unclassified and represent the employee; or
• Email address; classified networks to allow for analysis 4. The United States or any agency
• Phone number; and vetting consistent with the above thereof.
• Mailing address; and stated purposes and this published B. To a congressional office from the
• Payment information. notice. record of an individual in response to
Information about Physicians may an inquiry from that congressional office
include: ROUTINE USES OF RECORDS MAINTAINED IN THE made at the request of the individual to
• Full name; SYSTEM, INCLUDING CATEGORIES OF USERS AND whom the record pertains.
• Organization name; THE PURPOSES OF SUCH USES:
sradovich on DSK3GMQ082PROD with NOTICES

C. To the National Archives and
• Physical and mailing addresses; In addition to those disclosures Records Administration (NARA) or
• Professional experience; generally permitted under 5 U.S.C. General Services Administration
• License number; 552a(b) of the Privacy Act, all or a pursuant to records management
• Other Physician Identifying portion of the records or information inspections being conducted under the
Number(s); contained in this system may be authority of 44 U.S.C. 2904 and 2906.
• Licensing state and date of disclosed outside DHS as a routine use D. To an agency or organization for
issuance; pursuant to 5 U.S.C. 552a(b)(3). Even the purpose of performing audit or

VerDate Sep<11>2014 17:39 Oct 18, 2016 Jkt 241001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\19OCN1.SGM 19OCN1
Document Created: 2016-10-19 02:12:04
Document Modified: 2016-10-19 02:12:04
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Privacy Act system of records.
Dates		Submit comments on or before November 17, 2016. This updated system will be effective November 17, 2016.
Contact		For general questions, please contact: Donald K. Hawkins, (202) 272-8000, Privacy Officer, U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW., Washington, DC 20529. For privacy questions, please contact: Jonathan R. Cantor, (202) 343-1717, Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation		81 FR 72069
81 FR 72069 - Privacy Act of 1974; Department of Homeland Security/United States Citizenship and Immigration Services-007 Benefit Information System, System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 81, Issue 202 (October 19, 2016)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
