[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20680-20684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07770]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2013-0025]


Privacy Act of 1974; Department of Homeland Security/U.S. 
Citizenship and Immigration Services-014 Electronic Immigration System-
1 Temporary Accounts and Draft Benefit Requests System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security/U.S. Citizenship and Immigration Services-014 Electronic 
Immigration System-1 Temporary Accounts and Draft Benefit Requests 
System of Records.'' This system of records allows the Department of 
Homeland Security/U.S. Citizenship and Immigration Services to collect 
and maintain records on an individual as he or she creates a temporary 
electronic account and/or drafts a benefit request for submission 
through the U.S. Citizenship and Immigration Services Electronic 
Immigration System. This notice updates this system of records to (1) 
include additions to the categories of individuals and categories of 
records and (2) reflect an approved retention schedule for temporary 
accounts and draft benefit requests. Additionally, this notice includes 
non-substantive changes to simplify the formatting and text of the 
previously published notices. This updated system will be included in 
the Department of Homeland Security's inventory of record systems.

Dates and Comments: Submit comments on or before May 6, 2013. This 
updated system will be effective May 6, 2013.

ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0025 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) U.S. Citizenship and Immigration 
Services (USCIS) proposes to update and reissue a current DHS system of 
records titled, ``DHS/USCIS-014 Electronic Immigration System-1 
Temporary Accounts and Draft Benefit Requests System of Records'' 
(November 15, 2011, 76 FR 70739).
    USCIS is the component of DHS that oversees immigration benefit 
requests from foreign nationals seeking to enter, be admitted to, or 
currently residing in the United States. USCIS is transforming its 
operations by creating a new electronic environment known as USCIS 
Electronic Immigration System (USCIS ELIS), which allows individuals 
requesting USCIS benefits to create immigration accounts online and 
submit certain benefit requests. Applicants and petitioners 
(Applicants); co-applicants, beneficiaries, derivatives, dependents, or 
other persons on whose behalf a benefit request is made or whose 
immigration status may be derived because of a relationship to an 
Applicant (Co-Applicants); and their attorneys and representatives 
recognized by USCIS and/or accredited by the Board of Immigration 
Appeals

[[Page 20681]]

(Representatives) may create individualized online accounts.
    This System of Records Notice (SORN) addresses temporary data in 
USCIS ELIS. Temporary data includes draft account data provided by 
first-time Applicants in USCIS ELIS and draft benefit request data from 
all Applicants and Representatives.
    This system of records is being updated and reissued to (1) include 
additions to the categories of individuals and categories of records, 
and (2) reflect an approved retention schedule for temporary accounts 
and draft benefit requests.
    This update includes additions to the categories of individuals and 
records. Categories of individuals are being updated to include 
Interpreters and Sponsors to better reflect the ways USCIS ELIS 
captures data and to include data collected as additional benefit types 
are incorporated into USCIS ELIS.
    Categories of records for Applicants and Co-Applicants are being 
updated to include:
     Phone Extension;
     Preferred Contact Method;
     Deceased Date;
     Nationality;
     Province of Birth;
     Marital Status;
     Fax Numbers;
     Notices and Communications;
     Other Immigration-Related Identification Numbers 
including:
    [cir] Immigration and Customs Enforcement (ICE) Student and 
Exchange Visitor Number; and
    [cir] USCIS E-Verify Company Identification Number;
     Travel History;
     Professional Accreditation Information;
     Tax Records;
     Marriage Certificates;
     Divorce Certificates;
     Explanatory Statements;
     Unsolicited information submitted voluntarily in support 
of a benefit request;
     Physical Description;
     Relationships to Sponsors, Representatives, Preparers, Co-
Applicants, and other Applicants; and
     Signature.
    Categories of records for Representatives are being updated to 
include:
     Signature.
    Categories of Records for Interpreters are being updated to 
include:
     Name;
     Organization;
     Physical and Mailing Addresses;
     Phone and Fax Numbers;
     Whether the Interpreter is Paid/Not Paid; and
     Relationship to Applicant.
    Categories of records for Preparers and Interpreters are being 
updated to include:
     Email Address;
     Business State ID Number; and
     Signature.
    Categories of records about Sponsors are being updated to include:
     Full Name;
     Gender;
     Physical and Mailing Addresses;
     Phone and Fax Numbers;
     Country of Domicile;
     Date of Birth;
     City of Birth;
     State of Birth;
     Province of Birth;
     Country of Birth;
     Citizenship Information;
     Social Security Number (SSN);
     Alien Registration Number (A-Number);
     Employment Information;
     Financial Information;
     Position and Relationship to an Organization;
     Family Relationships and Relationship Practices; and
     Signature.
    This updated notice includes a retention schedule approved by 
National Archives and Records Administration (NARA) for temporary 
accounts and draft benefit requests. Temporary account and draft 
benefit request data will be deleted 30 days after an individual 
begins, but fails to complete, the account registration and/or benefit 
submission process.
    Because USCIS ELIS collects this information before an Applicant or 
Representative submits a benefit request, USCIS does not have an 
official need-to-know the data in a draft benefit request. USCIS 
separates temporary account and draft benefit request data from 
permanent information in USCIS ELIS to prevent USCIS personnel, aside 
from USCIS ELIS System Administrators as part of their system 
maintenance duties, from viewing temporary data until the Applicant or 
Representative submits the benefit request.
    When an Applicant creates a USCIS ELIS account, USCIS ELIS 
classifies that account as temporary until the Applicant submits a 
benefit request. If an Applicant does not begin drafting a benefit 
request within 30 days of opening the temporary account, USCIS ELIS 
deletes the temporary account. USCIS ELIS converts the account from 
temporary to permanent once an Applicant submits a benefit request in 
USCIS ELIS. USCIS ELIS processes permanent accounts in accordance with 
the Electronic Immigration System-2 Account and Case Management SORN 
and Electronic Immigration System-3 Automated Background Functions 
SORN.
    Once an Applicant or Representative begins drafting a benefit 
request, he or she will have 30 days to submit it. If an Applicant with 
a temporary account does not submit a benefit request within 30 days of 
starting a draft benefit request, USCIS ELIS deletes the temporary 
account and all draft benefit request data. If the Applicant with a 
permanent account or the Representative does not submit the benefit 
request within 30 days, USCIS ELIS will delete the draft benefit 
request but retain the permanent accounts. When an Applicant or 
Representative formally submits a benefit request to USCIS, the 
information will be retained and used according to the Electronic 
Immigration System-2 Account and Case Management SORN and Electronic 
Immigration System-3 Automated Background Functions SORN.
    USCIS ensures that all USCIS ELIS employees receive training and 
agree to USCIS-wide system rules of behavior before being granted 
access. USCIS provides security awareness training to all information 
system users (including managers, senior executives, and contractors) 
as part of initial training for new users, when required by system 
changes, and annually thereafter. DHS personnel and contractors with 
significant security responsibilities (e.g., adjudicators and system 
administrators) initially receive specialized training on USCIS ELIS 
functionality that is specific to their security responsibilities prior 
to being granted access to DHS systems. Thereafter, DHS personnel and 
contractors must complete annual refresher training.
    USCIS collects, uses, and maintains temporary account and draft 
benefit request information pursuant to the Immigration and Nationality 
Act of 1952 (INA), Public Law No. 82-414, sections 101 and 103, as 
amended. This updated system will be effective May 6, 2013.

II. Privacy Act

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

[[Page 20682]]

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-014 Electronic 
Immigration System-1 Temporary Accounts and Draft Benefit Requests 
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-014
System name:
    DHS/USCIS-014 Electronic Immigration System-1 Temporary Accounts 
and Draft Benefit Requests System of Records

Security classification:
    Unclassified.

System location:
    Records are maintained at the USCIS Headquarters in Washington, DC 
and in USCIS service centers and field offices.

Categories of individuals covered by the system:
    USCIS ELIS Temporary Accounts and Draft Benefit Requests stores 
and/or uses information about individuals who apply or petition for or 
receive benefits under the INA. These individuals include: Applicants 
and petitioners (Applicants); co-applicants, beneficiaries, 
derivatives, dependents, or other persons on whose behalf a benefit 
request is made or whose immigration status may be derived because of a 
relationship to an Applicant (Co-Applicants); members of organizations 
petitioning for benefits under the INA on behalf of, or contributing 
to, the financial support of an Applicant or Co-Applicant (Sponsors); 
attorneys and representatives recognized by USCIS and/or accredited by 
the Board of Immigration Appeals (Representatives); Interpreters; and 
individuals who assist in the preparation of the benefit request 
(Preparers).

Categories of records in the system:
    Temporary account registration information about Applicants and Co-
Applicants may include:
     Email address;
     Password;
     Challenge questions and answers;
     Telephone Number;
     Phone Extension;
     Preferred Contact Method;
    Temporary account information about Applicants and Co-Applicants 
may include:
     A-Number;
     Family Name;
     Given Name;
     Middle Name;
     Alias(es);
     Physical and mailing addresses:
    [cir] Address;
    [cir] Unit Number;
    [cir] City;
    [cir] State;
    [cir] ZIP Code;
    [cir] Postal Code;
    [cir] U.S. County;
    [cir] Province;
    [cir] Country;
     Date of Birth;
     Deceased Date;
     Nationality;
     Country of Citizenship;
     City of Birth;
     State of Birth;
     Province of Birth;
     Country of Birth;
     Gender;
     Marital Status;
     Military Status;
     Fax Numbers;
     Immigration Status;
     Government-issued Identification (e.g. passport, driver's 
license):
    [cir] Document Type;
    [cir] Issuing Organization;
    [cir] Document Number;
    [cir] Expiration Date;
     Benefit Requested;
     Notices and Communications, including:
    [cir] Account Update Notifications;
     IP Address and Browser Information as part of the E-
Signature.
    Benefit-specific eligibility information about Applicants and Co-
Applicants may include:
     Other Immigration-Related Identification Numbers (e.g., 
U.S. Department of State-Issued Personal Identification Number, ICE 
Student and Exchange Visitor Number, USCIS E-Verify Company 
Identification Number);
     Arrival/Departure Information;
     Family Relationships (e.g., parent, spouse, sibling, 
child, other dependents) and Relationship Practices (e.g., polygamy, 
custody, guardianship);
     USCIS Receipt/Case Number;
     Personal Background Information (e.g., involvement with 
national security threats, criminal offenses, Communist party, torture, 
genocide, killing, injuring, forced sexual contact, limiting or denying 
others religious beliefs; service in military or other armed groups; 
work in penal or detention systems, weapons distribution, combat 
training);
     Health Information (e.g., vaccinations, referrals, 
communicable disease, physical or mental disorder, prostitution, drug 
or alcohol abuse);
     Travel History;
     Education History;
     Work History;
     Professional Accreditation Information;
     Financial Information (income, expenses, scholarships, 
savings, assets, property, financial support, supporter information, 
life insurance, debts, encumbrances, tax records);
     SSN;
     Supporting documentation as necessary (e.g., birth, 
marriage, and/or divorce certificates, appeals or motions to reopen or 
reconsider decisions, explanatory statements, and unsolicited 
information submitted voluntarily by the Applicants or Co-Applicants in 
support of a benefit request);
     Physical Description (e.g., height, weight, eye color, 
hair color, identifying marks like tattoos or birthmarks);
     Criminal Records;
     Relationships to Sponsors, Representatives, Preparers, Co-
Applicants and other Applicants;
     Signature (electronic or scanned physical signature).
    Information about Sponsors may include:
     Full Name;
     Gender;
     Physical and Mailing Addresses:
    [cir] Address;
    [cir] Unit Number;
    [cir] City;
    [cir] State;
    [cir] ZIP Code;
    [cir] Postal Code;
    [cir] U.S. County;
    [cir] Province;
    [cir] Country;
     Phone and Fax Numbers;
     Country of Domicile;
     Date of Birth;
     City of Birth;
     State of Birth;
     Province of Birth;
     Country of Birth;
     Citizenship Information;
     SSN;
     A-Number;
     Employment Information;
     Financial Information (e.g., income, expenses, 
scholarships, savings, assets, property, financial support, supporter 
information, life insurance, debts, encumbrances, tax records);
     Position and Relationship to an Organization (e.g., 
manager of a company seeking formal recognition by USCIS);
     Family Relationships (e.g., parent, spouse, sibling, 
child, other dependents)

[[Page 20683]]

and Relationship Practices (e.g., polygamy, custody, guardianship);
     Signature (electronic or scanned physical signature).
    Information about Representatives may include:
     Name;
     Law Firm/Recognized Organization;
     Physical and Mailing Addresses;
     Phone and Fax Numbers;
     Email Address;
     Attorney Bar Card Number or Equivalent;
     Bar Membership;
     Accreditation Date;
     Board of Immigration Appeals Representative Accreditation;
     Expiration Date;
     Law Practice Restriction Explanation;
     Signature (electronic or scanned physical signature).
    Information about Preparers and Interpreters may include:
     Full Name;
     Organization;
     Business State ID Number;
     Physical and Mailing Addresses:
    [cir] Address;
    [cir] Unit Number;
    [cir] City;
    [cir] State;
    [cir] ZIP Code;
    [cir] Postal Code;
    [cir] U.S. County;
    [cir] Province;
    [cir] Country;
     Email Address;
     Phone and Fax Numbers;
     Paid/Not Paid (i.e., whether the Preparer or Interpreter 
was paid for assisting the Applicant or Sponsor in completing or 
submitting the benefit request);
     Relationship to Applicant;
     Signature (electronic or scanned physical signature).

Authority for maintenance of the system:
    The Immigration and Nationality Act of 1952, Public Law 82-414, 
sections 101 and 103, as amended.

Purpose(s):
    The purpose of this system is to provide an Applicant with a 
temporary account so that he or she may submit a benefit request 
through USCIS ELIS for the first time. USCIS ELIS collects draft 
benefit request information to assist the Applicant or Representative 
in providing all of the information necessary to request a benefit. If 
a first-time Applicant does not formally submit a benefit request 
within 30 days of opening the temporary account or initiating the draft 
benefit request, the information will be deleted. If an Applicant or 
Representative formally submits a benefit request within the 30-day 
window, USCIS converts the temporary account to a permanent USCIS ELIS 
account and retains the information according to the USCIS ELIS Account 
and Case Management SORN and USCIS ELIS Automated Background Functions 
SORN.

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. 
Sec.  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. Sec.  552a(b)(3) as follows:
    A. 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 relies 
upon the compromised information; and
    3. The disclosure made to such agencies, entities, and/or 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.
    B. 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.
    If a benefit request has been submitted to USCIS within 30 days of 
initiation, the information will become permanent and shared according 
to the routine uses listed in the Electronic Immigration System-2 
Account and Case Management SORN and Electronic Immigration System-3 
Automated Background Functions SORN in order to maintain USCIS ELIS 
accounts and determine eligibility for requested benefits.

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 in secure 
facilities. The records are stored on magnetic disc, tape, and/or 
digital media to maintain a real-time copy of the data for disaster 
recovery purposes. Real-time copies of data are deleted at the same 
time as the original data.

Retrievability:
    Records may be retrieved by any of the data elements listed above 
or by a combination thereof.

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:
    USCIS retains and disposes of temporary account and draft benefit 
request data in accordance with NARA approved schedule N1-566-11-02. 
After an Applicant registers for a USCIS ELIS account, the Applicant 
must begin drafting a benefit request within 30 days. If the Applicant 
does not begin drafting a benefit request within 30 days of creating a 
temporary account, USCIS ELIS considers the account abandoned and 
deletes the temporary account. If an Applicant with a temporary account 
does not submit a benefit request within 30 days of starting a draft 
benefit request, USCIS ELIS deletes the temporary account and all draft 
benefit request data. USCIS ELIS deletes all draft benefit request 
information 30 days after an Applicant or Representative begins, but 
fails to complete, the benefit submission process.
    If an Applicant or Representative submits a benefit request within 
the 30-day window, USCIS retains the permanent account and benefit 
request information according to the Electronic Immigration System-2 
Account and Case Management SORN and Electronic

[[Page 20684]]

Immigration System-3 Automated Background Functions SORN.

System Manager and address:
    The DHS system manager is the Chief, Office of Transformation 
Coordination, U.S. Citizenship and Immigration Services, Department of 
Homeland Security, 633 3rd Street 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 log in to USCIS ELIS to amend their information within the 30-day 
window. If the individual submits a benefit request, the information 
will still be available by logging in to the individual's USCIS ELIS 
account and may be amended through the processes described in the USCIS 
ELIS Account and Case Management SORN and USCIS ELIS Automated 
Background Functions SORN.
    Because of the temporary nature of this data, records will not 
likely be available for FOIA requests. However, 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. NRC's contact information can be 
found at http://www.dhs.gov/foia under ``Contacts.'' If an individual 
believes that more than one component maintains Privacy Act records 
concerning him or her, the individual may submit the request to the 
Chief Privacy Officer and Chief Freedom of Information Act 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 C.F.R. Part 5. You must 
first verify your identity, meaning you must provide your full name, 
current address, and date and place of birth. You must sign your 
request, and your signature must either notarized or submitted under 28 
U.S.C. Sec.  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 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 the 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:
    Records are obtained from the Applicant, the primary Applicant for 
a Co-Applicant, Sponsor, his or her Representative, Preparer, or 
Interpreter.

Exemptions claimed for the system:
    None.

    Dated: March 22, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-07770 Filed 4-4-13; 8:45 am]
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