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)

Page Range78614-78619
FR Document2016-26498

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.

Federal Register, Volume 81 Issue 216 (Tuesday, November 8, 2016)
[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]


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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.

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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)-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\
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    \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.
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    (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\
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    \2\ See 8 CFR 204.311(m)
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     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


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Privacy Act system of records.
DatesSubmit comments on or before December 8, 2016. This updated system will be effective December 8, 2016.
ContactFor 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 Citation81 FR 78614 

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