[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Notices]
[Pages 54642-54646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22306]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2010-0067]


Privacy Act of 1974; United States Citizenship and Immigration 
Services--012 Citizenship and Immigration Data Repository System of 
Records

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 proposes to establish a new Department of Homeland 
Security system of records notice titled, ``DHS U.S. Citizenship and 
Immigration Services 012 Citizenship and Immigration Data Repository 
System of Records.'' Citizenship and Immigration Data Repository is a 
mirror copy of USCIS's major immigrant and non-immigrant benefits 
databases combined into a single user interface and presented in an 
updated, searchable format on the classified network. This system takes 
existing USCIS data and recompiles them into a system for the following 
three purposes: (1) Vetting USCIS application information for 
indications of possible immigration fraud and national security 
concerns, (2) detecting possible fraud and misuse of immigration 
information or position by USCIS employees, for personal gain or by 
coercion, and (3) to respond to requests for information (RFIs) from 
the DHS Office of Intelligence and Analysis (I&A) and/or the Federal 
intelligence and law enforcement community members that are based on 
classified criteria. The Department of Homeland Security is issuing a 
Notice of Proposed

[[Page 54643]]

Rulemaking concurrent with this system of records elsewhere in the 
Federal Register because certain information in the system may be 
classified or relevant to a law enforcement investigation. This newly 
established system will be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before October 8, 2010. This new system 
will be effective October 8, 2010.

ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0067 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, 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 K. Hawkins (202-272-8000), Privacy Officer, U.S. Citizenship and 
Immigration Services, 20 Massachusetts Avenue, NW., Washington, DC 
20529. For privacy issues please contact: Mary Ellen Callahan (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    USCIS collects personally identifiable information (PII) directly 
from and about immigrants and nonimmigrants through applications and 
petitions for the purposes of adjudicating and bestowing immigration 
benefits. USCIS maintains a number of systems to facilitate these 
purposes including: The Computer Linked Application Information 
Management System (CLAIMS 3), CLAIMS 4, the Refugees, Asylum, and 
Parole System (RAPS), Asylum Pre-screen System (APSS), Re-engineered 
Naturalization Application Casework System (RNACS), Central Index 
System (CIS) and the Fraud Detection and National Security Data System 
(FDNS-DS). As part of the adjudication process, USCIS personnel engage 
in a number of steps to ensure that an individual is eligible for a 
requested benefit. One of these steps is the performance of background 
checks to make certain that an individual is not attempting to obtain 
the requested benefit by fraudulent means, has not committed a crime 
involving moral turpitude, and/or does not pose a public safety threat 
or a threat to national security.
    USCIS developed CIDR, hosted on DHS classified networks, in order 
to make information from these USCIS systems available to authorized 
USCIS personnel for the purposes of: (1) Vetting USCIS application 
information for indications of possible immigration fraud and national 
security concerns, (2) detecting possible fraud and misuse of 
immigration information or position by USCIS employees, for personal 
gain or by coercion, and (3) responding to requests for information 
(RFIs) from the DHS Office of Intelligence and Analysis (I&A) and/or 
Federal intelligence and law enforcement community members that are 
based on classified criteria. CIDR enables authorized USCIS users to 
more efficiently search multiple USCIS systems from a single entry 
point, the results of which will be retained in CIDR. CIDR's placement 
on DHS classified networks allows USCIS to securely conduct searches 
based on classified parameters and searches based on possible fraud and 
national security concerns.
    There are occasions when USICS receives RFIs from members of the 
Intelligence Community (IC) and Law Enforcement (LE) that are 
classified. In order to assist with classified investigatory leads and 
respond to I&A's requests, USCIS must conduct searches whose parameters 
are classified on an unclassified data sets. To facilitate a more 
efficient and secure environment in which to conduct these queries and 
to store their results, DHS determined that creating mirror copies of 
its unclassified data sets on the classified side would be the most 
appropriate solution. CIDR provides the capability to properly conduct 
and protect classified searches and maintain detailed audit trails of 
search activities and results. Copying unclassified data from the 
unclassified systems to a classified site does not render this 
information classified, only the search parameters and their results. 
CIDR will enable USCIS personnel to perform searches of its non 
classified data sets in a classified environment, ensuring that the 
integrity of the classified RFI process is maintained. Based on the 
results of the searches performed in CIDR, USCIS will produce a 
response to the RFI, which will include the content of the RFI, 
information from CIDR that is responsive to the RFI, and any necessary 
explanations to provide proper context and interpretations of the 
information provided. These responses will contain PII when de-
identified or statistical data cannot satisfy the RFI. These responses 
will be produced by USCIS personnel as separate electronic documents 
and sent to I&A in the same manner that the RFI was received; usually 
via e-mail over the classified e-mail network.
    USCIS is proposing to exempt classified information in CIDR from 
disclosure to a requestor to preserve the integrity of ongoing 
counterterrorism, intelligence, or other homeland security activities, 
pursuant to the Privacy Act. 5 U.S.C. 552a(k)(1) and (2).
    Consistent with DHS's information sharing mission, information 
stored in CIDR may be shared with other DHS components, as well as 
appropriate Federal, State, local, Tribal, foreign, or international 
governmental agencies. This sharing will only take place after DHS 
determines that the receiving component or agency has a need to know 
the information to carry out national security, law enforcement, 
immigration, intelligence, or other functions consistent with the 
routine uses set forth in this system of records notice.
    In accordance with the Privacy Act of 1974 the Department of 
Homeland Security proposes to establish a new Department of Homeland 
Security (DHS) system of records notice, titled DHS U.S. Citizenship 
and Immigration Services 012--Citizenship and Immigration Data 
Repository (CIDR).

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 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 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 as United States citizens and lawful permanent 
residents. As a matter of policy, DHS extends administrative Privacy 
Act protections to all individuals where systems of records maintain 
information on U.S. citizens, lawful permanent residents, and visitors. 
Individuals may

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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 that are 
contained in each system in order to make agency recordkeeping 
practices transparent, to notify individuals regarding the uses of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the USCIS 012 CIDR 
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

DHS/USCIS--012

SYSTEM NAME:
    United States Citizenship and Immigration Services--012 Citizenship 
and Immigration Data Repository.

SECURITY CLASSIFICATION:
    Unclassified and classified.

SYSTEM LOCATION:
    Records are maintained at the USCIS Headquarters in Washington, DC.

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 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); and name of applicant's 
employer. Additionally, CIDR will maintain information on USCIS 
personnel who have used the underlying USCIS systems included in CIDR.

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;
     DHS issued card serial numbers;
     Records regarding criminal history and other background 
check information;
     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;
     Fee receipt data;
     Records of searches, analyses, correspondence, and outputs 
generated by USCIS personnel in response to a classified request for 
USCIS immigrant and non-immigrant data; and
     System audit logs.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Authority for maintaining this system is in Sec.  101 and 103 of 
the Immigration and Nationality Act, as amended (8 U.S.C. 1101 and 
1103), and the regulations issued pursuant thereto; Sec.  451 of the 
Homeland Security Act of 2002 (Pub. L. 107-296); E.O. 12958; E.O. 
13356; E.O. 13388; and E.O. 12333.

PURPOSE(S):
    The purpose of this system is (1) vetting USCIS application 
information for indications of possible immigration fraud and national 
security concerns, (2) detecting possible fraud and misuse of 
immigration information or position by USCIS employees, for personal 
gain or by coercion, and (3) to respond to RFIs from the DHS I&A and/or 
the Federal intelligence and law enforcement community members that are 
based on classified criteria.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (including United States Attorney 
Offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is 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 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 functions.
    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) or harm to the 
individual 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

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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 a Federal, State, or local agency, or other appropriate 
entity or individual, 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, Executive Order, or other applicable national 
security directive.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

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 an individual's name, other 
identifiers, attributes, benefits application and case status data, 
address, associates, and any other data associated with an individual 
maintained by USCIS in source systems. Additionally, records may be 
retrieved by the output of USCIS's search, analysis, and response to 
classified requests for USCIS data.

SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and 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.

RETENTION AND DISPOSAL:
    CIDR does not retain the replicated data sets from the underlying 
USCIS data systems, to include CLAIMS 3, CLAIMS 4, RAPS, APSS, RNACS, 
and CIS and the associated audit trails of DHS personnel using the 
systems, as covered by the DHS/ALL-004--General Information Technology 
Access Account Records System (GITAARS). The data supplied by these 
systems are retained by those systems in accordance with their own 
retention schedules. CIDR simply mirrors these data sets. Information 
will be removed from CIDR after it has been removed in the source 
system. CIDR retains a record of the classified search request, the 
results of the request, and a log of these activities for five years. 
These are maintained for a minimum of five years in accordance with 
DCID \6/3\. Classified data will be maintained for the period of time 
required by the originating classification authority.

SYSTEM MANAGER AND ADDRESS:
    Chief, Technology Coordination Division Office of Security and 
Integrity, USCIS, 111 Massachusetts Avenue, NW., Washington, DC 20529.

NOTIFICATION PROCEDURE:
    DHS is exempting the records from general access provisions, 
pursuant to 5 U.S.C. 552a(k)(1) and (2). Each request for information 
within CIDR will be reviewed to determine whether or not the record 
within CIDR meets the requirements of the exemptions and, as 
appropriate, to disclose information that does not meet the 
requirements. This does not prevent the individual from gaining access 
to his records in the source systems noted below. Persons may seek 
access to records maintained in the source systems that feed into CIDR, 
currently CLAIMS 3, and in future releases, CLAIMS 4, RAPS, APSS, 
RNACS, and CIS.
    USCIS treats all requests for amendment of information in a system 
of records as Privacy Act amendment requests. Any individual seeking to 
access information maintained in CLAIMS 3, CLAIMS 4, RAPS, APSS, RNACS, 
and CIS and associated systems should direct his or her request to the 
USCIS FOIA/Privacy Act (PA) Officer at USCIS FOIA/PA, 70 Kimball 
Avenue, South Burlington, Vermont 05403-6813 (Human resources and 
procurement records) or USCIS National Records Center (NRC), P.O. Box 
648010, Lee's Summit, MO 64064-8010 (all other USCIS records). The 
process for requesting records can be found at 6 CFR 5.21. Requests for 
records amendments may also be submitted to the service center where 
the application was originally submitted. The request should clearly 
state the information that is being contested, the reasons for 
contesting it, and the proposed amendment to the information. If USCIS 
intends to use information that is not contained in the application or 
supporting documentation (e.g., criminal history received from law 
enforcement), it will provide formal notice to the applicant and 
provide them an opportunity to refute the information prior to 
rendering a final decision regarding the application. This provides yet 
another mechanism for erroneous information to be corrected.
    Requests for access to records in this system must be in writing. 
Such requests may be submitted by mail or in person. If a request for 
access is made by mail, the envelope and letter must be clearly marked 
``Privacy Access Request'' to ensure proper and expeditious processing. 
The requester should provide his or her full name, date and place of 
birth, and verification of identity (full name, current address, and 
date and place of birth) in accordance with DHS regulations governing 
Privacy Act requests (found at 6 CFR 5.21), and any other identifying 
information that may be of assistance in locating the record.
    When seeking records from this system of records or any other USCIS 
system of records, the requestor must conform with the Privacy Act 
regulations set forth in 6 CFR part 5. You must first verify your 
identity by providing 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

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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 following systems of records:
    USCIS Systems:
     Benefits Information System DHS-USCIS-007, September 29, 
2008, 73 FR 56596, which corresponds to the following USCIS databases:
    [cir] Computer Linked Adjudication Information Management System 
(CLAIMS 3, case tracking for all benefits except refugee status, 
asylum, and naturalizations.)
    [cir] Computer Linked Adjudication Information Management System 
(CLAIMS 4, case tracking for naturalization benefits.)
    [cir] Electronic Citizenship and Immigration Services Centralized 
Oracle Repository (eCISCOR).
    [cir] Citizenship and Immigration Services Centralized Oracle 
Repository (CISCOR).
     Fraud Detection and National Security Data System (FDNS 
DS) DHS-USCIS-006, August 18, 2008, 73 FR 48231.
     Central Index System, (CIS) DHS-USCIS 001, January 16, 
2007, 72 FR 1755.
     Asylum Information and Pre-Screening System, DHS-USCIS-
010, January 5, 2010, 75 FR 409, which corresponds to the following 
USCIS databases:
    [cir] The Refugees, Asylum, and Parole System (RAPS), a case 
management system that tracks applications for asylum pursuant to Sec.  
208 of the Immigration and Naturalization Act (INA) and applications 
for suspension of deportation or special rule cancellation of removal 
pursuant to Nicaraguan Adjustment and Central American Relief Act 
(NACARA) Sec.  203 of the INA.
    [cir] Asylum Pre-Screening System (APSS), a case management system 
that tracks the processing of ``Credible Fear'' and ``Reasonable Fear'' 
cases by Asylum staff.
    DHS Intelligence and Analysis System:
     Enterprise Records System (ERS), DHS/IA-001, May 15, 2008, 
73 FR 28128.
    DHS-Wide:
     DHS/ALL-004--General Information Technology Access Account 
Records System (GITAARS), September 29, 2009, 74 FR 49882.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    The Secretary of Homeland Security has exempted this system from 
subsections (c)(3), (c)(4), (d), (e)(1), (e)(4)(G), (H), (I), and (f) 
of the Privacy Act, pursuant to 5 U.S.C. 552a (k)(1) and (2) of the 
Privacy Act.

Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-22306 Filed 9-7-10; 8:45 am]
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