81 FR 78614 - Privacy Act of 1974; Department of Homeland Security United States Citizenship and Immigration Services-005 Intercountry Adoptions Security System of Records
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary Federal Register Volume 81, Issue 216 (November 8, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 216 (November 8, 2016)
| Page Range | 78614-78619 | |
| FR Document | 2016-26498 |
[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)] [Notices] [Pages 78614-78619] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26498] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [Docket No. DHS-2016-0071] Privacy Act of 1974; Department of Homeland Security United States Citizenship and Immigration Services-005 Intercountry Adoptions Security System of Records AGENCY: Department of Homeland Security, Privacy Office. ACTION: Notice of Privacy Act system of records. ----------------------------------------------------------------------- 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)-005 Intercountry Adoptions Security'' system of records. DHS/USCIS collects, uses, and maintains Intercountry Adoptions Security records on prospective adoptive parents and other individuals associated with an intercountry adoption-related application or petition. DHS/USCIS is updating this system of records to: Clarify the information technology used to process intercountry adoption-based applications and petitions; update the categories of individuals in the system; clarify the categories of records in the system; update the legal authorities for the intercountry adoption immigration process from countries that are party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) and from non-Hague Adoption Convention (orphan) countries; reflect an increased retention period for intercountry adoption records; include all sources of records for adoption-based forms used in the Hague Adoption Convention process and non-Hague (orphan) process; and add Routine Use R, which permits the disclosure of information to the Department of Health and Human Services. 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 December 8, 2016. This updated system will be effective December 8, 2016. ADDRESSES: You may submit comments, identified by docket number DHS- 2016-0071 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 DHS/ USCIS proposes to update and reissue a current DHS system of records titled, ``DHS/USCIS-005 Intercountry Adoptions Security'' system of records. DHS/USCIS oversees certain intercountry adoption-related requests from U.S. citizens seeking to adopt a child from a foreign country and bring that child to the United States to permanently live with them. The intercountry adoption process is a cooperative effort between USCIS and the Department of State (DOS). USCIS plays a vital role in the intercountry adoption process by determining the suitability and eligibility of a prospective adoptive parent to adopt, and by determining the eligibility of a child to immigrate as an immediate relative of a U.S. citizen under 8 U.S.C. 1101(b)(1)(F) or (G). USCIS receives and adjudicates both domestic and internationally-filed applications and [[Page 78615]] petitions related to intercountry adoptions. DHS delegated authority to DOS to approve certain adoption-related petitions on behalf of USCIS. The Department of State also adjudicates the application for an immigrant visa for the child, which permits the child to immigrate into the United States. USCIS uses two information technology (IT) systems to process intercounty adoption filings, depending on whether the intercounty adoption application was filed domestically or internationally. The USCIS National Benefits Center (NBC) processes all Hague and domestically-filed orphan intercountry adoption filings. USCIS uses the National Benefits Center's Adoption Case Management System (ACMS) within the National Processing Workflow Repository (NPWR) as the case management system for domestically filed intercountry adoption-based applications and petitions from receipt of the application or petition to final adjudication. USCIS uses the Case and Activity Management for International Operations (CAMINO) system to process applications and petitions filed internationally with USCIS international offices. Previously, USCIS used the Secure Information Management Service (SIMS) to track and review intercountry adoption cases. SIMS, however, did not fully meet the case tracking requirements of the intercountry adoption process. USCIS decommissioned SIMS after the launch of these systems. USCIS is updating this system of records to: (1) Identify the Adoptions Case Management System (ACMS) and Case and Activity Management for International Operations (CAMINO) as the information technology systems used to process intercountry adoption-based applications and petitions; (2) update the categories of individuals in the system to include other individuals whose presence in the residence of the prospective adoptive parent(s) (known as the Adult Household Member) as relevant to determine suitability; (3) clarify the categories of record in the system; (4) update the legal authorities for the intercountry adoption immigration process to include the Intercountry Adoption Universal Accreditation Act of 2012 (UAA) (Pub. L. 112-276), which went into effect on July 14, 2014; (5) reflect a reduced retention period from 75 years to 25 and 15 years for internationally and domestically, respectively, filed intercountry adoption applications and petitions; (6) update the sources of records to include Hague petition and application forms (i.e., Form I-800 and Form I-800A); and (7) add Routine Use R, which permits the disclosure of information to the Department of Health and Human Services. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notices. Consistent with DHS's information-sharing mission, information stored in the DHS/USCIS-005 Intercountry Adoptions Security 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, when appropriate, information may be shared 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 unless disclosure is otherwise prohibited under the confidentiality statutes, regulations, or policies applicable to that information. 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 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-005 Intercountry Adoptions Security 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)-005 System name: DHS/USCIS-005 Intercountry Adoptions Security Security classification: Unclassified, Sensitive. System location: Intercountry adoption records are maintained in the ACMS or CAMINO IT systems and associated electronic and paper files located at the USCIS NBC, service centers, and domestic and international field offices. Categories of individuals covered by the system: Categories of individuals covered by this system include: (1) All individuals, including the applicant or petitioner (and spouse, if married), seeking an intercountry adoption through the Hague Adoption Convention process or non-Hague orphan process; (2) All individuals who meet the definition of an adult member of the household; \1\ --------------------------------------------------------------------------- \1\ Adult member of the household is defined as: (1) Any individual, other than the applicant, who has the same principal residence as the applicant and who had reached his or her 18th birthday on or before the date the form is filed; or (2) any person who has not yet reached his or her 18th birthday before the date the form is filed, or who does not actually live at the same residence, but whose presence in the residence is relevant to the issue of suitability to adopt, if the officer adjudicating the form concludes, based on the facts of the case, that it is necessary to obtain an evaluation of how that persons presence in the home affects the determination whether the applicant is suitable as the adoptive parent(s) of a Convention adoptee. --------------------------------------------------------------------------- (3) Any other individual whose presence in the applicant's or petitioner's residence is relevant to the suitability of the prospective adoptive parent(s) suitability to adopt; (4) Representatives, including attorneys, adoption service providers, and form preparers, of the prospective adoptive parent(s); (5) Children being adopted; and (6) Birth mothers, fathers, or custodians of adopted children. Categories of records in the system: Information about the prospective adoptive parent(s) may include: Full Name; Alias(es); Gender; Physical and mailing address; Address abroad; Email address; Telephone number; 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; [[Page 78616]] Date of birth; Country of birth; City of birth; State or Province of birth; Citizenship status; Naturalization history; Certificate of Citizenship or Certificate of Naturalization Number; Residence status; Marital history and status; Spouse's immigration status; USCIS Online Account Number; Social Security number (SSN); A-Number; USCIS Receipt/Case Number; Passport number; Country of adoption; Adoption filing history; Payments made and anticipated future payments in relation to the adoption; Criminal history; Photographs; Accommodations/Disabilities; Home study; Medical and Social History (e.g., vaccinations, referrals, communicable diseases, physical or mental disorders); \2\ --------------------------------------------------------------------------- \2\ See 8 CFR 204.311(m) --------------------------------------------------------------------------- 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, 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); Proof of Citizenship (i.e., unexpired passport, citizenship/naturalization certificate, school records, census records, church records, and affidavits); Proof of Marriage and termination of previous marriages; Criminal and National Security Background Check Results; Case Decision; and Signature. Information about any adult members of the household may include: Full Name; Alias(es); Gender; Mailing address; Email address; Telephone number; Date of birth; County of birth; State or Province of birth; City, Town, or Village of Birth; A-Number; SSN; Passport number; Relationship to Prospective adoptive parent(s); Photographs; 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; Criminal and National Security background check results; Accommodations/Disabilities; Signature; and Email Address. Information about the adoptive beneficiary may include: Full Name at Birth; Full Name at Present; Alias; Date of birth; Gender; Country of birth City/Town/Village of Birth; Place of habitual residency; Present legal custodian; Present address; Address where the beneficiary will reside; Parental history and custody information (e.g., birthmothers, fathers, or custodians of adopted children); Date of adoption; Country/Place of adoption; Physical or mental afflictions; Accommodations/disabilities; A-Number; Passport number; Relationship to prospective adoptive parent, if any; Article 16 Report, which is an official report from countries that are party to the Hague Adoption Convention, on a child's psychological, social, medical history, and reasons the child is in need of an adoptive placement; Supporting Documentation as Necessary (e.g., birth certificate, appeals or motions to reopen or reconsider decisions, DNA results); and Case decision. Information about birth mothers, fathers, or custodians of adopted children: Name; Date of birth; Relationship to adopted child(ren) (e.g., living birth parent, surviving birth parent, sole birth parent); and Supporting documentation (identity information, death certificates, DNA test results, description of how the child beneficiary was abandoned or released for adoption, consent to adoption, adoption documentation, etc.). Information about the adoption service providers and home study preparers may include: Name; Organization name; Mailing address; Phone and Fax numbers; Email address; Accreditation or Approval status; and Signature. Information about the preparer may include: Full name; Organization or Business name; 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 the representative may include: Name; Law firm/Recognized organization name; Physical and Mailing addresses; Phone and fax numbers; Email address; USCIS Online Account Number; Attorney Bar Card Number or equivalent; Bar Membership; Accreditation date; Source of Accreditation; Board of Immigration Appeals Representative Accreditation; Expiration date; Law Practice Restriction Explanation; and Signature. Authority for maintenance of the system: The legal authorities for intercountry adoption from Hague Adoption Convention countries include the Hague Adoption Convention, the Intercountry Adoption Act of 2000, 8 U.S.C. 1101(b)(1)(G) (INA 101(b)(1)(G)), and 8 CFR 204.300-204.314. The legal authorities for intercountry adoption for non-Hague Adoption Convention countries include the Intercountry Adoption Universal Accreditation Act of 2012, Consolidated Appropriations Act of 2014 sec. 7083, 8 U.S.C. 1101(b)(1)(F) (INA 101(b)(1)(F)), and 8 CFR 204.3. Purpose(s): USCIS collects information on prospective adoptive parents and other associated individuals in order to assess the suitability and eligibility of the prospective adoptive parent(s) to adopt. USCIS also collects information [[Page 78617]] pertaining to the child to be adopted to determine whether he or she is eligible to immigrate as an immediate relative of a U.S. citizen under INA sec. 101(b)(1)(F) or (G). USCIS collects information on organizations that facilitate the adoption process, including law firms, home study preparers, accredited agencies, approved persons, exempted providers, supervised providers, and other adoption service providers so that USCIS can track and verify those entities that are authorized to participate in the adoption process. Finally, as a fraud monitoring tool, USCIS collects available biographic information relating to the birth parents and the custodians of the children being adopted. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: Except as permitted by the Privacy Act, 5 U.S.C. 552a and applicable routine uses, USCIS may not disclose or give access to any information or record relating to any applicant, petitioner, spouse (if married), or adult member of the household to any individual or entity other than that person, including an accredited agency, approved person, exempted provider, supervised provider, or other adoption service provider, absent written consent, as provided by the Privacy Act, 5 U.S.C. 552a. 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 benefits. These confidentiality provisions may be subject to certain exceptions which would allow for disclosure, such as in the case of a criminal or civil investigation. A. To the Department of Justice (DOJ), including Offices of the U.S. Attorneys, or other federal agencies 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 to 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 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's 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, local, tribal, territorial, 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 to enable such courts to determine eligibility for naturalization and grounds for revocation of naturalization. I. To DOS in the processing of visas, applications, or petitions for benefits under the INA, and all other immigration and nationality laws including treaties and reciprocal agreements. J. To an attorney or representative (as defined in 8 CFR 1.2) who is acting on behalf of an individual covered by this system of records. K. To appropriate federal, state, tribal, and local government law enforcement and regulatory agencies, foreign governments, and international organizations for example the Department of Defense, the DOS, the Department of the Treasury, the United Nations, and INTERPOL and individuals and organizations during the course of an investigation by DHS or the processing of a matter under DHS's jurisdiction, or during a proceeding within the purview of the immigration and nationality laws, when necessary to elicit information required by DHS to carry out its functions and statutory mandates. L. To an appropriate federal, state, tribal, local, or foreign government agency or organization, or international organization, lawfully engaged in collecting law enforcement intelligence, whether civil or criminal, or charged with investigating, prosecuting, enforcing, or implementing civil or criminal laws, related rules, regulations or orders, to enable these entities to carry out their law enforcement responsibilities, including the collection of law enforcement intelligence, and the disclosure is appropriate to the proper performance of the official duties of the person making the disclosure. M. To an appropriate federal, state, local, tribal, territorial, 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 [[Page 78618]] a license, grant, or other benefit and when disclosure is appropriate to the proper performance of the official duties of the person making the request. N. To a federal, state, or local government agency, or employer seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency or employer for any purpose authorized by law. O. 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 DOS entered into pursuant to 20 CFR 422.103(b) (3); 422.103(c); and 422.106(a), or other relevant laws and regulations. P. To federal and foreign government intelligence or counterterrorism agencies or components when DHS becomes aware of an indication of a threat or potential threat to national or international security, or when the information is needed to assist in anti-terrorism efforts and disclosure is appropriate to the proper performance of the official duties of the person making the disclosure. Q. To officials of other federal, state, and local government agencies and adoption agencies and social workers to elicit information required for making a final determination of the prospective adoptive parent's ability to care for a beneficiary or the beneficiary's immigration eligibility. R. To the Department of Health and Human Services to obtain information about children who are under its legal custody and/or protection. S. 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: None. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: DHS/USCIS stores records in this system electronically or on paper in secure facilities in a locked drawer or behind a locked door. The records may be stored on magnetic disc, tape, cloud services, and digital media. Retrievability: Records may be retrieved by an individual's name, date of birth, address, A-Number, Receipt Number, SSN, or a combination thereof. Safeguards: DHS/USCIS safeguards records according to applicable rules and policies, including all applicable DHS automated systems security and access policies. DHS/USCIS has imposed strict controls imposed 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 applications and petitions in the respective DHS/USCIS case management system. Physical applications and supplemental documentation is stored in the Alien File. The A-File records are permanent whether hard copy or electronic. 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 case management systems (CAMINO and ACMS): Electronic data pertaining to intercountry applications and petitions filed internationally are electronically stored in CAMINO. NARA approved the CAMINO retention schedule [N1-566-12-06] on April 17, 2013. CAMINO retains records 25 years from the last completed action. Electronic data pertaining to intercountry applications and petitions filed domestically are stored in ACMS. USCIS is working with NARA to develop a retention and disposal schedule for data contained within ACMS. USCIS proposal for retention and disposal of these records is to store and retain adoption related records for 15 years, during which time the records will be archived. The 15 year retention period is derived from the length of time USCIS may interact with a customer. System Manager and address: Assistant Center Director, Adoptions, National Benefits Center, Overland Park, KS 66213; and Director, Refugee, Asylum, and International Operations Directorate, 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 (NRC) FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO 64064-8010. The NRC can be found at http://www.dhs.gov/foia under ``Contacts.'' If an individual believes more than one component maintains Privacy Act (PA) records concerning him or her, the individual may submit the request to the Chief Privacy Officer and Chief Freedom of Information Act (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 Freedom of Information Act 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 [[Page 78619]] 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. 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 primarily supplied by prospective adoptive parents and adult members of the household on forms associated with either the Hague Adoption Convention process or the orphan intercountry adoption process. These application and petition forms include: Form I-600, Petition to Classify Orphan as an Immediate Relative Form I-600A, Application for Advance Processing of Orphan Petition Form I-600A/Form I-600, Supplement 1 (Listing of Adult Member of the Household) Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative Form I-800A, Application for Determination of Suitability to Adopt a Child from Convention Country Form I-800A Supplement 1 (Listing of Adult Member of the Household) Form I-800A Supplement 2 (Consent to Disclose Information) Form I-800A Supplement 3 (Request for Action on Approved Form I-800A) Information contained in this system of records is also obtained through representatives of prospective adoptive parents and other organizations involved in an intercountry adoption case including information from the child's country of origin; the home study prepared by an authorized home study preparer submitted to USCIS in furtherance of the intercountry adoption immigration process; interviews performed by authorized USCIS and DOS personnel of individuals seeking to adopt; and data obtained from other DHS and non-DHS federal agency's systems and databases, including the Federal Bureau of Investigation, DOS, and U.S. Customs and Border Protection. Specifically, Intercountry Adoptions Security 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-006 Fraud Detection and National Security Records (FDNS) 77 FR 47411 (August 8, 2012); DHS/USCIS-007 Benefit Information System, 81 FR 72069, (October 19, 2016) DHS/CBP-011 U.S. Customs and Border Protection TECS, 73 FR 77778 (December 19, 2008); 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/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); STATE-05 Overseas Citizens Services Records, 73 FR 24343 (May 2, 2008); STATE-26 Passport Records, 76 FR 34966 (July 6, 2011); and STATE-39 Visa Records, 77 FR 65245 (October 25, 2012). Exemptions claimed for the system: None. Dated: October 27, 2016. Jonathan R. Cantor, Acting Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2016-26498 Filed 11-7-16; 8:45 am] BILLING CODE 9111-97-P
![78614 Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices
petroleum products from the American API chapters Title procedures and methods for petroleum
Petroleum Institute (API): and certain petroleum products set forth
9 ................. Density Determination. by the U.S. Customs and Border
API chapters Title 12 ............... Calculations. Protection Laboratory Methods (CBPL)
17 ............... Marine Measurement.
and American Society for Testing and
3 ................. Tank Gauging.
King Laboratories, Inc., is accredited Materials (ASTM):
7 ................. Temperature Determination.
8 ................. Sampling. for the following laboratory analysis
CBPL No. ASTM Title
27–02 ........................................ D 1298 ........... Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of
Crude Petroleum and Liquid Petroleum Products by Hydrometer Method.
27–08 ........................................ D 86 ............... Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure.
27–53 ........................................ D 2709 ........... Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge.
Anyone wishing to employ this entity Services (USCIS)–005 Intercountry Department of Homeland Security,
to conduct laboratory analyses and Adoptions Security’’ system of records. Washington, DC 20528.
gauger services should request and DHS/USCIS collects, uses, and Instructions: All submissions received
receive written assurances from the maintains Intercountry Adoptions must include the agency name and
entity that it is accredited or approved Security records on prospective docket number for this rulemaking. All
by the U.S. Customs and Border adoptive parents and other individuals comments received will be posted
Protection to conduct the specific test or associated with an intercountry without change to http://
gauger service requested. Alternatively, adoption-related application or petition. www.regulations.gov, including any
inquiries regarding the specific test or DHS/USCIS is updating this system of personal information provided.
gauger service this entity is accredited records to: Clarify the information Docket: For access to the docket to
or approved to perform may be directed technology used to process intercountry read background documents or
to the U.S. Customs and Border adoption-based applications and comments received, please visit http://
Protection by calling (202) 344–1060. petitions; update the categories of www.regulations.gov.
The inquiry may also be sent to individuals in the system; clarify the FOR FURTHER INFORMATION CONTACT: For
CBPGaugersLabs@cbp.dhs.gov. Please categories of records in the system; general questions, please contact:
reference the Web site listed below for update the legal authorities for the Donald K. Hawkins, (202) 272–8000,
a complete listing of CBP approved intercountry adoption immigration Privacy Officer, U.S. Citizenship and
gaugers and accredited laboratories. process from countries that are party to Immigration Services, 20 Massachusetts
http://www.cbp.gov/about/labs- the Hague Convention on Protection of Avenue NW., Washington, DC 20529.
scientific/commercial-gaugers-and- Children and Co-operation in Respect of For privacy questions, please contact:
laboratories. Intercountry Adoption (Hague Adoption Jonathan R. Cantor, (202) 343–1717,
Dated: November 1, 2016. Convention) and from non-Hague Acting Chief Privacy Officer, Privacy
Adoption Convention (orphan) Office, Department of Homeland
Ira S. Reese,
countries; reflect an increased retention Security, Washington, DC 20528.
Executive Director, Laboratories and
period for intercountry adoption SUPPLEMENTARY INFORMATION:
Scientific Services Directorate.
records; include all sources of records
[FR Doc. 2016–26959 Filed 11–7–16; 8:45 am] I. Background
for adoption-based forms used in the
BILLING CODE 9111–14–P
Hague Adoption Convention process In accordance with the Privacy Act of
and non-Hague (orphan) process; and 1974, 5 U.S.C. 552a, the DHS/USCIS
add Routine Use R, which permits the proposes to update and reissue a current
DEPARTMENT OF HOMELAND
disclosure of information to the DHS system of records titled, ‘‘DHS/
SECURITY
Department of Health and Human USCIS–005 Intercountry Adoptions
Office of the Secretary Services. Additionally, this notice Security’’ system of records.
includes non-substantive changes to DHS/USCIS oversees certain
[Docket No. DHS–2016–0071] simplify the formatting and text of the intercountry adoption-related requests
previously published notice. from U.S. citizens seeking to adopt a
Privacy Act of 1974; Department of This updated system will be included child from a foreign country and bring
Homeland Security United States in the Department of Homeland that child to the United States to
Citizenship and Immigration Services– Security’s inventory of record systems. permanently live with them. The
005 Intercountry Adoptions Security
DATES: Submit comments on or before intercountry adoption process is a
System of Records
December 8, 2016. This updated system cooperative effort between USCIS and
AGENCY: Department of Homeland will be effective December 8, 2016. the Department of State (DOS). USCIS
Security, Privacy Office. ADDRESSES: You may submit comments, plays a vital role in the intercountry
ACTION: Notice of Privacy Act system of identified by docket number DHS– adoption process by determining the
suitability and eligibility of a
mstockstill on DSK3G9T082PROD with NOTICES
records. 2016–0071 by one of the following
methods: prospective adoptive parent to adopt,
SUMMARY: In accordance with the • Federal e-Rulemaking Portal: http:// and by determining the eligibility of a
Privacy Act of 1974, the Department of www.regulations.gov. Follow the child to immigrate as an immediate
Homeland Security (DHS) proposes to instructions for submitting comments. relative of a U.S. citizen under 8 U.S.C.
update and reissue a current DHS • Fax: 202–343–4010. 1101(b)(1)(F) or (G). USCIS receives and
system of records titled, ‘‘DHS/United • Mail: Jonathan R. Cantor, Acting adjudicates both domestic and
States Citizenship and Immigration Chief Privacy Officer, Privacy Office, internationally-filed applications and
VerDate Sep<11>2014 16:27 Nov 07, 2016 Jkt 241001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\08NON1.SGM 08NON1](https://thefederalregister.org/doc/81_FR_78830/page/1.svg)
![78618 Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices
a license, grant, or other benefit and POLICIES AND PRACTICES FOR STORING, and retain adoption related records for
when disclosure is appropriate to the RETRIEVING, ACCESSING, RETAINING, AND 15 years, during which time the records
proper performance of the official duties DISPOSING OF RECORDS IN THE SYSTEM: will be archived. The 15 year retention
of the person making the request. STORAGE: period is derived from the length of time
N. To a federal, state, or local DHS/USCIS stores records in this USCIS may interact with a customer.
government agency, or employer system electronically or on paper in SYSTEM MANAGER AND ADDRESS:
seeking to verify or ascertain the secure facilities in a locked drawer or
Assistant Center Director, Adoptions,
citizenship or immigration status of any behind a locked door. The records may
National Benefits Center, Overland Park,
individual within the jurisdiction of the be stored on magnetic disc, tape, cloud
KS 66213; and Director, Refugee,
agency or employer for any purpose services, and digital media.
Asylum, and International Operations
authorized by law.
RETRIEVABILITY: Directorate, 20 Massachusetts Avenue
O. To the Social Security NW., Washington, DC 20529.
Records may be retrieved by an
Administration (SSA) for the purpose of
individual’s name, date of birth, NOTIFICATION PROCEDURE:
issuing a Social Security number and
address, A-Number, Receipt Number,
card to an alien who has made a request Individuals seeking notification of
SSN, or a combination thereof.
for a Social Security number as part of and access to any record contained in
the immigration process and in SAFEGUARDS: this system of records, or seeking to
accordance with any related agreements DHS/USCIS safeguards records contest its content, may submit a
in effect between the SSA, DHS, and the according to applicable rules and request in writing to the National
DOS entered into pursuant to 20 CFR policies, including all applicable DHS Records Center (NRC) FOIA/PA Office,
422.103(b) (3); 422.103(c); and automated systems security and access P.O. Box 648010, Lee’s Summit, MO
422.106(a), or other relevant laws and policies. DHS/USCIS has imposed strict 64064–8010. The NRC can be found at
regulations. controls imposed to minimize the risk of http://www.dhs.gov/foia under
P. To federal and foreign government compromising the information that is ‘‘Contacts.’’ If an individual believes
intelligence or counterterrorism being stored. Access to the computer more than one component maintains
agencies or components when DHS system containing the records in this Privacy Act (PA) records concerning
becomes aware of an indication of a system is limited to those individuals him or her, the individual may submit
threat or potential threat to national or who have a need to know the the request to the Chief Privacy Officer
international security, or when the information for the performance of their and Chief Freedom of Information Act
information is needed to assist in anti- official duties and who have appropriate (FOIA) Officer, Department of
terrorism efforts and disclosure is clearances or permissions. Homeland Security, 245 Murray Drive
appropriate to the proper performance SW., Building 410, STOP–0655,
RETENTION AND DISPOSAL: Washington, DC 20528.
of the official duties of the person
making the disclosure. DHS/USCIS stores the physical When seeking records about yourself
Q. To officials of other federal, state, documents (paper forms) and from this system of records or any other
and local government agencies and supplemental documentation in the Departmental system of records, your
adoption agencies and social workers to Alien File and processes applications request must conform with the Privacy
elicit information required for making a and petitions in the respective DHS/ Act regulations set forth in 6 CFR part
final determination of the prospective USCIS case management system. 5. You must first verify your identity,
adoptive parent’s ability to care for a Physical applications and supplemental meaning that you must provide your full
beneficiary or the beneficiary’s documentation is stored in the Alien name, current address, and date and
immigration eligibility. File. The A-File records are permanent place of birth. You must sign your
whether hard copy or electronic. USCIS request, and your signature must either
R. To the Department of Health and transfers the A-Files to the custody of be notarized or submitted under 28
Human Services to obtain information NARA 100 years after the individual’s U.S.C. 1746, a law that permits
about children who are under its legal date of birth. statements to be made under penalty of
custody and/or protection. Electronic benefits information is perjury as a substitute for notarization.
S. To the news media and the public, archived and disposed of in accordance While no specific form is required, you
with the approval of the Chief Privacy with NARA-approved retention may obtain forms for this purpose from
Officer in consultation with counsel, schedule for the respective USCIS case the Chief Privacy Officer and Chief
when there exists a legitimate public management systems (CAMINO and Freedom of Information Act Officer,
interest in the disclosure of the ACMS): http://www.dhs.gov/foia or 1–866–431–
information, when disclosure is • Electronic data pertaining to 0486. In addition, you should:
necessary to preserve confidence in the intercountry applications and petitions • Explain why you believe the
integrity of DHS, or when disclosure is filed internationally are electronically Department would have information on
necessary to demonstrate the stored in CAMINO. NARA approved the you;
accountability of DHS officers, CAMINO retention schedule [N1–566– • Identify which component(s) of the
employees, or individuals covered by 12–06] on April 17, 2013. CAMINO Department you believe may have the
the system, except to the extent the retains records 25 years from the last information about you;
Chief Privacy Officer determines that completed action. • Specify when you believe the
release of the specific information in the • Electronic data pertaining to records would have been created; and
mstockstill on DSK3G9T082PROD with NOTICES
context of a particular case would intercountry applications and petitions • Provide any other information that
constitute an unwarranted invasion of filed domestically are stored in ACMS. will help the FOIA staff determine
personal privacy. USCIS is working with NARA to which DHS component agency may
develop a retention and disposal have responsive records.
DISCLOSURE TO CONSUMER REPORTING schedule for data contained within If your request is seeking records
AGENCIES:
ACMS. USCIS proposal for retention pertaining to another living individual,
None. and disposal of these records is to store you must include a statement from that
VerDate Sep<11>2014 16:27 Nov 07, 2016 Jkt 241001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\08NON1.SGM 08NON1](https://thefederalregister.org/doc/81_FR_78830/page/5.svg)
![Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Notices 78619
individual certifying his/her agreement System of Records, 78 FR 69864 Services (USCIS)–004 Systematic Alien
for you to access his/her records. (November 21, 2013); Verification for Entitlements (SAVE)
Without the above information, the • DHS/USCIS–002 Background Check Program’’ system of records. DHS/
component(s) may not be able to Service, 72 FR 31082 (June 5, 2007); USCIS collects, uses, and maintains the
conduct an effective search, and your • DHS/USCIS–003 Biometric Storage SAVE Program records on noncitizen
request may be denied due to lack of System, 72 FR 17172 (April 6, 2007); applicants for public benefits, licenses,
specificity or lack of compliance with • DHS/USCIS–006 Fraud Detection grants, governmental credentials, or
applicable regulations. and National Security Records (FDNS) other statutorily authorized purposes.
77 FR 47411 (August 8, 2012); DHS/USCIS is updating this system of
RECORD ACCESS PROCEDURES:
• DHS/USCIS–007 Benefit records to: (1) Update the category of
See ‘‘Notification procedure’’ above. Information System, 81 FR 72069, individuals to include sponsors listed
CONTESTING RECORD PROCEDURES: (October 19, 2016) on the Form I–864 Affidavit of Support
See ‘‘Notification procedure’’ above. • DHS/CBP–011 U.S. Customs and Under Section 213A of the Act; (2)
Border Protection TECS, 73 FR 77778 expand the categories of records to
RECORD SOURCE CATEGORIES: (December 19, 2008); clarify the data elements that USCIS
Information contained in this system • DHS/CBP–021 Arrival and collects from benefit requestors, spouse,
of records is primarily supplied by Departure Information System (ADIS), and children; the Dun & Bradstreet Data
prospective adoptive parents and adult 80 FR 72081 (November 18, 2015); Universal Numbering System (DUNS)
members of the household on forms • DHS/NPPD–004 DHS Automated number of the benefit granting agency;
associated with either the Hague Biometric Identification System and information collected from the
Adoption Convention process or the (IDENT), 72 FR 31080 (June 5, 2007); benefit-issuing agency about users
orphan intercountry adoption process. • JUSTICE/FBI–002 The FBI Central accessing the system to facilitate
These application and petition forms Records System, 72 FR 3410 (January immigration status verification; (3) add
include: 25, 2007); new routine use (I) to account for
• Form I–600, Petition to Classify • JUSTICE/FBI–009 Fingerprint disclosure to airport operators as
Orphan as an Immediate Relative Identification Records System (FIRS), 72 authorized by the FAA Extension,
• Form I–600A, Application for FR 3410 (January 25, 2007); Safety, and Security Act of 2016; (4)
Advance Processing of Orphan Petition • STATE–05 Overseas Citizens expand and add additional record
• Form I–600A/Form I–600, Services Records, 73 FR 24343 (May 2, source categories; and (5) explain that
Supplement 1 (Listing of Adult Member 2008); this system of records contains records
of the Household) • STATE–26 Passport Records, 76 FR from systems of records that may claim
• Form I–800, Petition to Classify 34966 (July 6, 2011); and exemptions and DHS will comply with
Convention Adoptee as an Immediate • STATE–39 Visa Records, 77 FR the record source system exemptions
Relative 65245 (October 25, 2012). when relevant. Additionally, this notice
• Form I–800A, Application for
EXEMPTIONS CLAIMED FOR THE SYSTEM: includes non-substantive changes to
Determination of Suitability to Adopt a
None. simplify the formatting and text of the
Child from Convention Country
• Form I–800A Supplement 1 (Listing previously published notice.
Dated: October 27, 2016. This updated system will be included
of Adult Member of the Household) Jonathan R. Cantor,
• Form I–800A Supplement 2 in the Department of Homeland
Acting Chief Privacy Officer, Department of Security’s inventory of record systems.
(Consent to Disclose Information) Homeland Security.
• Form I–800A Supplement 3 DATES: Submit comments on or before
[FR Doc. 2016–26498 Filed 11–7–16; 8:45 am] December 8, 2016. This updated system
(Request for Action on Approved Form
I–800A) BILLING CODE 9111–97–P will be effective December 8, 2016.
Information contained in this system ADDRESSES: You may submit comments,
of records is also obtained through identified by docket number DHS–
DEPARTMENT OF HOMELAND
representatives of prospective adoptive 2016–0076 by one of the following
SECURITY
parents and other organizations methods:
involved in an intercountry adoption Office of the Secretary • Federal e-Rulemaking Portal: http://
case including information from the www.regulations.gov. Follow the
child’s country of origin; the home [Docket No. DHS–2016–0076] instructions for submitting comments.
study prepared by an authorized home • Fax: 202–343–4010.
Privacy Act of 1974; Department of • Mail: Jonathan R. Cantor, Acting
study preparer submitted to USCIS in Homeland Security United States
furtherance of the intercountry adoption Chief Privacy Officer, Privacy Office,
Citizenship and Immigration Services– Department of Homeland Security,
immigration process; interviews 004 Systematic Alien Verification for
performed by authorized USCIS and Washington, DC 20528.
Entitlements Program System of Instructions: All submissions received
DOS personnel of individuals seeking to Records
adopt; and data obtained from other must include the agency name and
DHS and non-DHS federal agency’s AGENCY: Department of Homeland docket number for this rulemaking. All
systems and databases, including the Security, Privacy Office. comments received will be posted
Federal Bureau of Investigation, DOS, ACTION: Notice of Privacy Act System of
without change to http://
www.regulations.gov, including any
mstockstill on DSK3G9T082PROD with NOTICES
and U.S. Customs and Border Records.
Protection. personal information provided.
Specifically, Intercountry Adoptions SUMMARY: In accordance with the Docket: For access to the docket to
Security stores and uses information Privacy Act of 1974, the Department of read background documents or
from the following USCIS, DHS, and Homeland Security (DHS) proposes to comments received, please visit http://
other federal agency systems of records: update and reissue a current DHS www.regulations.gov.
• DHS/USCIS/ICE/CBP–001 Alien system of records titled, ‘‘DHS/United FOR FURTHER INFORMATION CONTACT: For
File, Index, and National File Tracking States Citizenship and Immigration general questions, please contact:
VerDate Sep<11>2014 16:27 Nov 07, 2016 Jkt 241001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\08NON1.SGM 08NON1](https://thefederalregister.org/doc/81_FR_78830/page/6.svg)
Document Created: 2018-02-14 08:23:59
Document Modified: 2018-02-14 08:23:59
| 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 December 8, 2016. This updated system will be effective December 8, 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 78614 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR