[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Notices]
[Pages 70313-70316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28247]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2013-0076]
Privacy Act of 1974; Department of Homeland Security U.S.
Citizenship and Immigration Services--008 Refugee Access Verification
Unit System of Records
AGENCY: Department of Homeland Security, Privacy Office.
ACTION: Notice of Privacy Act System of Records Update.
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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/United States Citizenship and Immigration Services--008
Refugee Access Verification Unit System of Records.'' This system of
records allows the Department of Homeland Security/U.S. Citizenship and
Immigration Services to collect information to verify claimed
relationships between anchor relatives in the United States and their
overseas family members seeking access to the U.S. Refugee Admissions
Program under the Priority 3 Family Reunification Program. Eligible
anchor relatives who were admitted to the United States as refugees or
granted asylum in the United states may file an Affidavit of
Relationship for qualifying overseas family members (spouses, unmarried
children under age 21, and/or parents) to seek access to the U.S.
Refugee Admission Program for their family members under Priority 3.
USCIS is updating this system of records to include: (1) An updated
system location; (2) updated categories of records; (3) updated routine
uses; (4) a proposed retention schedule; (5) updated data elements used
to retrieve records; and (6) updated sources of records. Additionally,
this notice includes non-substantive changes to simplify the formatting
and text of the previously published notice. This updated system will
continue to be included in the Department of Homeland Security's
inventory of record systems.
DATES: Submit comments on or before December 26, 2013. This updated
system will be effective December 26, 2013.
ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0076 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: Karen L. Neuman, 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 Karen L. Neuman, (202)
343-1717, 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--008 Refugee Access Verification Unit
System of Records'' (last published December 19, 2008, 73 FR 77795).
This system of records notice (SORN) includes an updated system
location, clarified categories of records, an updated retention
schedule, and additional sources of records.
USCIS and the Department of State (DOS) Bureau of Population,
Refugees, and Migration (PRM) work cooperatively to administer the
overseas component of the U.S. Refugee Admissions Program (USRAP). The
mission of the USRAP is to resettle eligible refugees in the United
States. DOS PRM has overall management responsibility for the USRAP and
leads in proposing admissions ceilings and defining processing
priorities, under which individuals may obtain access to the USRAP. The
USCIS Refugee, Asylum, and International Operations Directorate (RAIO),
Refugee Affairs Division (RAD) is responsible for interviewing refugee
applicants and adjudicating applications for refugee status.
Two separate IT systems maintain the information necessary to
process
[[Page 70314]]
applications for refugee resettlement under the Priority 3 Family
Reunification Program (P-3): (1) The DOS Worldwide Refugee Admissions
Processing System (WRAPS) and (2) The Refugee Access Verification Unit
(RAVU) database. WRAPS maintains information related to all individuals
referred to the USRAP for resettlement. USCIS has read-only access to
WRAPS. RAVU officers conduct preliminary paper reviews of all
Affidavits of Relationship (AOR) (Form DS-7656) filed for P-3 cases
prior to interview by a USCIS officer overseas.
All AORs are subject to RAVU officer review. Only those family
members on AORs cleared by USCIS proceed to a refugee interview with a
USCIS officer overseas. To support this function, USCIS developed the
RAVU database using the existing SharePoint Enterprise Collaboration
Network (ECN) to track and manage the review of AORs, as well as
generate reports, forms, and letters. ECN is a virtual work environment
that allows users to collaborate, share information, and enhance
productivity. RAVU allows users to enter data into a site through
manual typing and attaching documents in a virtual space. Data from
AORs and corresponding documents from the A-file are uploaded from
individual computers to a secured centralized site in ECN.
USCIS is republishing this SORN to provide public notice of the
following. The location of the system has been updated to note that
RAVU records are only electronically maintained. The categories of
records have been updated to clarify that DNA results and other
information may be collected on anchor relatives, qualifying family
members, derivatives, and Type C add-on relatives. DHS has updated
Routine Use H to clarify that records will be shared with DOS and
``their contractors, agents, grantees, experts, consultants, or others
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for DOS, when necessary to accomplish an
agency function related to this system of records.'' The retention and
disposal section has been updated to reflect a proposed retention
schedule that would reduce the retention of master file records from 20
years to 15 years. Retrievability has been updated to note that records
may be retrieved by the anchor relative's A-Number or the Pre-Case ID
assigned to the AOR. Sources of records have been updated to include A-
files and other DHS systems. Additionally, this notice includes non-
substantive changes to simplify the formatting and text of the
previously published notice.
Information contained in DHS/USCIS--008 Refugee Access Verification
Unit is afforded the confidentiality protections contained in 8 CFR
208.6, which strictly limits the disclosure of information to third
parties. 8 CFR 208.6 specifically covers the confidentiality of asylum
applicants who are in the United States. By DHS policy, the
confidentiality provisions for asylum seekers and asylees have been
extended to refugee applicants. Information may not be disclosed
without the written consent of the applicant, except as permitted by 8
CFR 208.6 or at the discretion of the Secretary of Homeland Security or
the Attorney General of the United States. This updated system will
continue to be included in DHS' 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 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 U.S. 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.
Below is the description of the DHS/USCIS--008 Refugee Access
Verification Unit 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)/U.S. Citizenship and
Immigration Services (USCIS)--008.
System name:
DHS/USCIS--008 Refugee Access Verification Unit.
Security classification:
Unclassified, sensitive.
System location:
USCIS electronically maintains records on the Refugee Access
Verification Unit (RAVU) SharePoint Enterprise Collaboration Network
(ECN) site, which is accessible at the Refugee Affairs Division
Headquarters in Washington, DC and field locations overseas.
Categories of individuals covered by the system:
Categories of individuals covered by this system include: (1)
Anchor relatives who have filed an Affidavit of Relationship (AOR) for
qualified family members overseas to gain access to the U.S. Refugee
Admissions Program (USRAP) under Priority 3; (2) qualifying family
members (parents, spouses, and unmarried children under age 21) of the
anchor relative who are listed in Section II of the AOR; (3)
derivatives (spouse and unmarried children under age 21) of the
qualifying family member listed in Section II of the AOR; (4)
individuals who qualify as Type C add-ons and are listed in Section II
of the AOR; and (5) AOR preparers who work for domestic resettlement
agencies and complete the AOR based on information provided by the
anchor relative.
Categories of records in the system:
Information about the anchor relative gathered from documents in
the A-file may include:
Full Name;
Physical and Mailing Address;
Telephone and Fax Numbers;
Date of Birth;
Gender;
A-Number;
Social Security number;
Immigration Status;
Date of Arrival in the U.S.;
Date Asylum/Refugee status was granted;
Mother's Maiden Name;
Documents establishing identity and claimed relationship
(i.e., marriage record, civil or criminal history, medical records,
education records);
Biometric identifiers (i.e., weight, color of eyes and
hair, and facial marks);
Photographic Facial Image;
Civil or criminal history information;
Reports of investigations or derogatory information
obtained from DHS and other federal systems;
Refugee and asylum interview notes and assessments; and
Other unique identifiers, including information found in
the A-File used to facilitate a determination.
Information about the anchor relative collected in the AOR and
through the RAVU review may include:
Full Name;
Date of Birth;
Gender;
[[Page 70315]]
Marital status
City/Country of Birth;
A-Number
Immigration Status;
Date of Arrival in the U.S.;
Date Asylum/Refugee status was granted;
Names, dates of birth, and locations of immediate
relatives; and
DNA Results--confirmed or not confirmed.
Information about overseas family members may include:
Full Name;
Gender;
Date of Birth;
City/Country of Birth;
Nationality;
Marital Status;
A-Number (if applicable);
Relationship to Anchor Relative;
DNA Results--confirmed or not confirmed;
Photographic facial image;
Relationship to qualifying family member;
Civil or criminal history information (if available); and
Reports of investigations or derogatory information
obtained from DHS or other federal systems (if available).
Information about preparer may include:
Preparer's name;
Domestic resettlement agency's name.
Information about the case determination may include:
RAVU Checklists
Decision Letters
Summary of Findings, including inconsistencies found
between claimed relationships in the AOR and available USCIS records
Pre-Case ID Numbers
Authority for maintenance of the system:
Authority for maintaining this system is contained in Sections 1157
and 1522(b) of the INA, as amended (8 U.S.C. 1157, 1522(b)).
Purpose(s):
The purpose of this system is to track and manage the review of
AORs submitted by anchor relatives in the United States on behalf of
certain qualifying family members overseas who are seeking
consideration for refugee resettlement under the Priority Three Family
Reunification Program.
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: Note: 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. Information in this system of records contains
information relating to persons who have pending or approved
applications for asylum or refugee status and should not be disclosed
pursuant to a routine use unless disclosure is otherwise permissible
under the confidentiality statutes, regulations, or policies applicable
to that information. These confidentiality provisions do not prevent
DHS from disclosing information to the U.S. Department of Justice (DOJ)
and U.S. Attorneys' Offices as part of an ongoing criminal or civil
investigation.
A. To the Department of Justice (DOJ), including U.S. Attorney
Offices, or other federal agency 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 where 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' efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm as limited by 8 CFR 208.6.
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 under 8 CFR 208.6 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 DOS, their contractors, agents, grantees, experts,
consultants, or others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for DOS, when
necessary to accomplish an agency function related to this system of
records.
I. To an attorney or representative who is acting on behalf of an
individual covered by this system of records (as defined in 8 CFR
1.1(j)) in conjunction with any proceeding before DHS/USCIS or the
Executive Office for Immigration Review.
J. To a former employee of the Department for purposes of
responding to an official inquiry by a Federal, State, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating
[[Page 70316]]
communications with a former employee that may be necessary for
personnel-related or other official purposes where the Department
requires information and/or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
K. To Federal and foreign government intelligence or
counterterrorism agencies or components where DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or where such use is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper performance of the official
duties of the person making the disclosure.
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 in a locked drawer behind a locked door. The records may be
stored on CD, DVD, or other digital media.
Retrievability:
Records may be retrieved by the anchor relative's A-Number or the
Pre-Case ID assigned to the AOR.
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:
NARA approved the RAVU Records [N1-563-04-05] Retention Schedule.
USCIS is working with NARA to supersede/revise the RAVU Retention
Schedule to reflect a 15-year retention of the Master File instead of
the current 20 years.
System Manager and address:
Chief, Refugee Affairs Division, Refugee, Asylum, and International
Operations Directorate, 111 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's contact information can be found at http://www.dhs.gov/foia under
``Contacts.'' If an individual believes 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
Lane 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;
and
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 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 individual who is the subject of these records. Other information
sources include family members, petitions, A-File, information
collected from federal databases for security screening checks,
Resettlement Support Centers, the Refugee Processing Center,
resettlement agencies, international organizations, and local sources
at overseas sites.
Exemptions claimed for the system:
None.
Dated: November 15, 2013.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-28247 Filed 11-22-13; 8:45 am]
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