[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Notices]
[Pages 56596-56600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22802]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0091]


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

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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

[[Page 56597]]

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

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

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0091 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, 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 go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Donald Hawkins (202-272-8000), USCIS Privacy Officer, 20 Massachusetts 
Avenue, NW., Washington, DC 20529. For privacy issues, please contact: 
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office, 
U.S. Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

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

System Information Use and Collection

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

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates personally identifiable 
information. 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 for 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 United States 
citizens and legal permanent residents. As a matter of policy, DHS 
extends administrative Privacy Act protections to all individuals where 
the systems of records maintain information on U.S. citizens, lawful 
permanent residents, and visitors. Individuals may request access to 
their own records that are maintained in a system of records in the 
possession or under the control of DHS by complying with DHS Privacy 
Act regulations, 6 CFR part 5.
    The Privacy Act requires each agency, to publish in the Federal 
Register, a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses of 
information contained in each system in order to make agency record 
keeping practices transparent, to notify individuals regarding the uses 
to which personally identifiable information is put, and to assist 
individuals to more easily find such files within the agency. Below is 
the description of the Benefits Information Systems System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget (OMB) and 
to Congress.
System of Records:
    DHS/USCIS-007

[[Page 56598]]

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

Security Classification:
    Unclassified.

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

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

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

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

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

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records contained 
in this system may be disclosed outside DHS as a routine use pursuant 
to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    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 or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual 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. The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, 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, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To clerks and judges of courts exercising naturalization 
jurisdiction for the purpose of filing petitions for naturalization and 
to enable such courts to determine eligibility for naturalization or 
grounds for revocation of naturalization.
    I. To the Department of State for the purpose of assisting in the 
processing of petitions or applications for benefits

[[Page 56599]]

under the Immigration and Nationality Act, and all other immigration 
and nationality laws including treaties and reciprocal agreements.
    J. To appropriate Federal, State, tribal, and local government law 
enforcement and regulatory agencies, foreign governments, and 
international organizations, for example: The Department of Defense; 
the Department of State; the Department of the Treasury; the Central 
Intelligence Agency; the Selective Service System; the United Nations; 
and the International Criminal Police Organization (INTERPOL); as well 
as to other 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 DHS deems that such disclosure 
is necessary to carry out its functions and statutory mandates to 
elicit information required by DHS to carry out its functions and 
statutory mandates.
    K. To an appropriate Federal, State, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit, or if the information is relevant and 
necessary to a DHS decision concerning the hiring or retention of an 
employee, the issuance of a security clearance, the reporting of an 
investigation of an employee, the letting of a contract, or the 
issuance of a license, grant or other benefit and when disclosure is 
appropriate to the proper performance of the official duties of the 
person making the request.
    L. To the Office of Management and Budget in connection with the 
review of private relief legislation as set forth in OMB Circular No. 
A-19 at any stage of the legislative coordination and clearance process 
as set forth in the Circular.
    M. To an attorney or representative (as defined in 8 CFR 1.1(j)) 
who is acting on behalf of an individual covered by this system of 
records in connection with any proceeding before DHS/USCIS or the 
Executive Office for Immigration Review.
    N. To a Federal, State, tribal, or local government agency to 
assist such agencies in collecting the repayment of loans, or 
fraudulently or erroneously secured benefits, grants, or other debts 
owed to them or to the United States Government, or to obtain 
information that may assist USCIS in collecting debts owed to the 
United States Government; to a foreign government to assist such 
government in collecting the repayment of loans, or fraudulently or 
erroneously secured benefits, grants, or other debts owed to it 
provided that the foreign government in question:
    1. Provides sufficient documentation to establish the validity of 
the stated purpose of its request; and
    2. Provides similar information to the United States upon request.
    O. To a coroner for purposes of affirmatively identifying a 
deceased individual (whether or not such individual is deceased as a 
result of a crime).
    P. Consistent with the requirements of the Immigration and 
Nationality Act, to the Department of Health and Human Services (HHS), 
the Centers for Disease Control and Prevention (CDC), or to any State 
or local health authorities, to:
    1. Provide proper medical oversight of DHS-designated civil 
surgeons who perform medical examinations of both arriving aliens and 
of those requesting status as a lawful permanent resident; and
    2. To ensure that all health issues potentially affecting public 
health and safety in the United States are being or have been, 
adequately addressed.
    Q. To a Federal, State or local government agency seeking to verify 
or ascertain the citizenship or immigration status of any individual 
within the jurisdiction of the agency for any purpose authorized by 
law.
    R. To the Social Security Administration (SSA) for the purpose of 
issuing a Social Security number and card to an alien who has made a 
request for a Social Security number as part of the immigration process 
and in accordance with any related agreements in effect between the 
SSA, DHS and the Department of State entered into pursuant to 20 CFR 
422.103(b)(3); 422.103(c); and 422.106(a), or other relevant laws and 
regulations.
    S. To a former employee of DHS, in accordance with applicable 
regulations, for purposes of responding to an official inquiry by a 
Federal, State, or local government entity or professional licensing 
authority; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the Department requires information or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility.
    T. To an individual's prospective or current employer to the extent 
necessary to determine employment eligibility.
    U. To a Federal, State, or local agency, or other appropriate 
entities or individuals, or through established liaison channels to 
selected foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by U.S. law, or Executive Order.
    V. To a Federal agency, where appropriate, to enable such agency to 
make determinations regarding the payment of Federal benefits to the 
record subject in accordance with that agency's statutory 
responsibilities.
    W. 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 or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to Consumer Reporting Agencies:
    Through the Debt Management Center (DMC) at DHS, Benefits 
Information Systems information may be shared with credit reporting 
agencies. The primary mission of the DMC is to collect debts resulting 
from an individual's participation in DHS benefits programs. Benefits 
Information Systems share information with the DMC regarding fees 
charged during various application processes to ensure collection of 
debts.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

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

[[Page 56600]]

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

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
system security access policies. Strict controls have been 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. The system maintains a real-time auditing 
function of individuals who access the system. Additional safeguards 
may vary by component and program.

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

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

Notification Procedures:
    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 National Records Center, FOIA/PA 
Office, P.O. Box 648010, Lee's Summit, MO 64064-8010. Specific FOIA 
contact information can be found at http://www.dhs.gov/foia under 
``Contacts.''
    When seeking records about yourself from this system of records or 
any other USCIS 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 
or perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Director, 
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition 
you should provide the following:
     An explanation of why you believe the Department would 
have information on you,
     Specify when you believe the records would have been 
created,
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information, USCIS will 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 obtained from 
the individuals covered by the system.

Exemptions Claimed for the System:
    None.

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