[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54622-54629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22156]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2019-0042]


Privacy Act of 1974; System of Records

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice of a Modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to modify and reissue a current DHS 
system of records titled, ``DHS/U.S. Citizenship and Immigration 
Services (USCIS)-007 Benefits Information System.'' This system of 
records describes DHS/USCIS collection, maintenance, processing, and 
adjudication of naturalization, lawful permanent residence, and other 
immigrant and nonimmigrant immigration-related requests (hereinafter 
collectively referred to as ``immigration requests'')[thinsp]submitted 
to USCIS in accordance with U.S. immigration law. DHS/USCIS also uses 
the records contained in the Benefits Information System (BIS) to 
prevent individuals from fraudulently obtaining immigration and 
naturalization benefits and to deny immigration and naturalization 
requests submitted by individuals who pose national security or public 
safety threats. The BIS may also be used in support of employee 
performance and production reporting purposes, as well as track an 
employee or contractor's workload and efficiency in processing a 
particular immigration request, managing workloads, and providing 
statistical analyses to USCIS leadership.

DATES: Submit comments on or before November 12, 2019. This modified 
system will be effective upon publication. New or modified routine uses 
will be effective November 12, 2019.

ADDRESSES: You may submit comments, identified by docket number DHS-
2019-0042 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-
0655.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2019-0042. 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) 272-8030, 
[email protected], Privacy Officer, U.S. 
Citizenship and Immigration Services, 20 Massachusetts

[[Page 54623]]

Avenue NW, Washington, DC 20529. For privacy questions, please contact: 
Jonathan R. Cantor, (202) 343-1717, [email protected], Acting Chief 
Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528-0655.

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 modify and reissue a current DHS system of 
records titled, ``DHS/USCIS-007 Benefits Information System.''
    DHS/USCIS oversees lawful immigration and non-immigration to the 
United States and is responsible for the administration of immigration, 
non-immigration, and naturalization adjudication functions and for 
establishing many immigration policies and priorities. In executing its 
mission, DHS/USCIS performs functions that include the intake, review, 
and adjudication of the following types of benefits:
    (1) Family-Based;[thinsp]
    (2) Employment-Based;[thinsp]
    (3) Humanitarian-Based;[thinsp]
    (4) Adoption-Based;[thinsp]and
    (5) Citizenship and Naturalization-Based.
    The BIS System of Records Notice (SORN) covers the processing of 
immigrant and nonimmigrant immigration-related requests.\1\ The 
Secretary of Homeland Security also has the discretion to review and 
grant other types of immigration requests.\2\ The BIS SORN is specific 
to USCIS's collection, use, maintenance, dissemination, and storage of 
immigration-related request information, including case processing and 
decisional data.\3\ USCIS records case processing information, such as 
date the immigration related request was filed or received by USCIS, 
request status, location of record, other control number (when 
applicable), fee receipt data, status of USCIS appointments and 
interviews, date of issuance of a notice, and whether the request form 
was referred to the Fraud Detection and National Security Directorate 
for review. Decisional data such as an approval/denial code is also 
stored in BIS. Information within BIS may also be stored in an 
immigration file (such as an Alien File).\4\
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    \1\ This SORN covers all immigrant and nonimmigrant benefit 
requests, with the exception of requests for asylum, refugee, and 
intercountry adoption.
    \2\ For example, USCIS reviews applications for Deferred Action. 
Deferred Action is a discretionary determination to defer a 
deportation of an individual as an act of prosecutorial discretion. 
Deferred Action can be granted by USCIS or a federal immigration 
judge.
    \3\ The Immigration Biometric Background Check SORN covers the 
background check process, while the Benefits Information System SORN 
covers the storage of background check results. See 83 FR 36950 
(July 31, 2018).
    \4\ The Alien File or A-File is the official record regarding 
the transactions of an individual as he or she passes through the 
U.S. immigration and inspection process. The Alien File contains 
information relating to immigration benefits processing, protection 
of national security, and administering and enforcing immigration 
and nationality laws and related statutes.
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    DHS/USCIS is publishing this modified system of records notice to 
make several changes for transparency and to describe new initiatives. 
The purpose of this SORN has been expanded to track an employee or 
contractor's workload and efficiency in processing a particular benefit 
request, managing workloads, and providing statistical analyses to 
USCIS leadership.
    The categories of individuals covered by this SORN has been 
expanded to include prospective accredited representatives seeking to 
be recognized by the Board of Immigration Appeals, as well as add a new 
category to cover the collection, maintenance, and use of obligors 
(surety) and their agents.
    New categories of records have been added relating to immigration 
requestors, which includes country of residence; credit scores and 
reports; public benefit application, receipt, and certification for 
receipt information; publicly available social media information and 
other publicly available information, which may be collected during the 
course of the benefit adjudication process. New categories of records 
have been added relating to attorneys and current and/or prospective 
representatives, which includes USCIS Online Account Number, other 
identifying numbers (e.g., Attorney Bar Number or equivalent), 
educational and training history, work history and qualifications, 
academic and professional achievements, and letters of recommendations. 
New categories of records have been added relating to bond obligors and 
their agents including name, identification number(s), contact 
information (including address, telephone number, email address), 
signature, and power of attorney. Biometric information and background 
check results have been removed from remove existing categories of 
records relating to immigration requestors, derivatives, and family 
members because they are covered under DHS/USCIS-018 Immigration 
Biometric and Background Check SORN.
    DHS/USCIS-017 Refugee Case Processing and Security Screening 
Information SORN and DHS/USCIS-018 Immigration Biometric and Background 
Check SORN have been added as record source categories, and DHS/USCIS-
002 Background Check Service SORN and DHS/USCIS-003 Biometric Storage 
System SORN have been removed as record source categories.
    The routine use section of this SORN has been modified, including 
updating Routine Use E and adding Routine Use F to comply with 
requirements set forth by OMB Memorandum M-17-12, ``Preparing for and 
Responding to a Breach of Personally Identifiable Information,'' (Jan. 
3, 2017); expanding Routine Use V to cover the sharing of information 
with the petitioning employers to aid in the approval or denial of 
request to become a permanent resident; updating Routine Use Z to 
replace Immigration Judge with Federal Judge; adding Routine Use BB for 
disclosure to government agencies for the purposes of testing new 
technology; adding Routine Use CC for disclosure to federal, state, 
local, and tribal public benefit granting agencies to ascertain whether 
public benefits have been issued to the benefit requestor; adding 
Routine Use DD for the disclosure to an individual or entity seeking to 
post or arrange bond; and adding Routine Use EE for the disclosure of 
petition outcomes to labor unions in instances in which USCIS approves 
or denies a petition submitted with a union consultation.
    Finally, the retention schedules have been modified to reflect 
disposition schedule by form type and actions, and expand the retention 
of data in certain case management systems to up to 50 years.
    Consistent with DHS's information sharing mission, information 
stored in DHS/USCIS-007 Benefits Information System may be shared with 
other DHS Components that have a need to know the information to carry 
out their national security, law enforcement, immigration, 
intelligence, or other homeland security functions. In addition, DHS/
USCIS may share information with appropriate federal, state, local, 
tribal, territorial, foreign, or international government agencies 
consistent with the routine uses set forth in this system of records 
notice.
    Further, specifically, USCIS may share BIS information with DHS's 
U.S. Immigration and Customs Enforcement (ICE) Financial Operations--
Burlington regarding fees charged during the various immigration 
requests processes

[[Page 54624]]

to ensure collection of debts. The primary mission of the ICE Financial 
Operations--Burlington is to collect debts resulting from an 
individual's participation in DHS benefits programs. As such, through 
DHS's ICE Financial Operations--Burlington office, BIS information may 
be shared with credit reporting agencies.
    This modified system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. Additionally, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right to make requests for 
access and amendment to covered records, as defined by the JRA, along 
with judicial review for denials of such requests. In addition, the JRA 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act.
    Below is the description of the DHS/USCIS-007 Benefits Information 
System 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 NAME AND NUMBER:
    Department of Homeland Security (DHS)/U.S. Citizenship and 
Immigration Services (USCIS)-007 Benefits Information System.

SECURITY CLASSIFICATION:
    Unclassified and Classified.

SYSTEM LOCATION:
    Records are maintained at the U.S. Citizenship and Immigration 
Services Headquarters in Washington, DC, and DHS/USCIS service centers 
and domestic and international field offices. Records are also 
maintained in DHS/USCIS information technology (IT) systems (e.g., 
Computer Linked Application Information Management System (CLAIMS) 3, 
USCIS Electronic Immigration System (ELIS), Case and Activity 
Management for International Operations (CAMINO)).

SYSTEM MANAGER(S):
    Chief, Immigration Records and Identity Services, Identity and 
Information Management Division (IIMD), [email protected], 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security, 20 Massachusetts Avenue NW, Washington, DC 20529.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 103 and 290 of the Immigration and Nationality Act, as 
amended (8 U.S.C. secs. 1103 and 1360), the regulations issued pursuant 
thereto; and Section 451 of the Homeland Security Act of 2002 (Pub. L. 
107-296).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to permit USCIS's collection, use, 
maintenance, dissemination, and storage of paper and electronic 
immigration-related request information, including case processing and 
decisional data. These records assist in the processing of immigrant 
and nonimmigrant benefit requests and other immigration-related 
requests from the time when USCIS collects the information from the 
immigration-related requestor until the case receives a final decision 
in the relevant case management system.\5\ This system of records 
enables DHS/USCIS to process benefit requests electronically, determine 
the status of pending benefit requests, account for and control the 
receipt and disposition of any fees and refunds collected, conduct 
searches pursuant to requests under the Freedom of Information Act 
(FOIA) and Privacy Act, and locate related physical and automated files 
to support DHS/USCIS responses to inquiries about these records. This 
system of records may also be used in support of monitoring employee 
performance and production reporting purposes, including tracking an 
employee or contractor's workload and efficiency in processing a 
particular benefit request, managing workloads, and providing 
statistical analyses to USCIS leadership.
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    \5\ This system of records does not cover requests for 
intercountry adoption, asylum, or refugee status.
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    DHS/USCIS maintains a replica of some or all of the data in 
application databases on DHS unclassified and classified networks to 
allow for analysis and vetting consistent with the above stated 
purposes and this published notice.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include (1) 
individuals who have filed, for themselves or on the behalf of others 
(benefit requestors and beneficiaries and other immigration-related 
requestors), requests for immigration benefits and other requests under 
the Immigration and Nationality Act as amended, and/or who have 
submitted fee payments or received refunds from such requests; (2) 
current, former, and potential derivatives of requestors (family 
members); (3) sponsors (e.g., employers, law enforcement officers, or 
other individuals); (4) attorneys; (5) prospective representatives 
seeking recognition from and current accredited representatives 
recognized by USCIS and/or by the Board of Immigration Appeals 
(Representatives); (6) interpreters; (7) individuals who assist in the 
preparation of the immigration-related request forms (Preparers); (8) 
individuals who make fee payments on behalf of the immigration-related 
requestor; (9) physicians who conduct immigration-related medical 
examinations; and (10) obligors (surety) and their agents.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information about benefit requestors, beneficiaries, and family 
members may include:
     Full name;
     Alias(es);
     Physical, destination, and mailing addresses (including 
foreign and domestic);
     Unique Identifying Numbers (e.g., Alien Number, USCIS 
Online Account Number, Social Security number (SSN), and Data Universal 
Numbering System (DUNS) Number);
     Date of birth and/or death;
     Nationality and/or Place of Birth (including city, region, 
and country of birth);
     Country or countries of citizenship;
     Country of Residence;
     Gender and/or sex;
     Marital status;
     Military status;
     Phone and fax numbers;
     Email address;
     Immigration status;
     Publicly available social media information and 
information from public-facing websites;
     Responses to questions on immigration benefit forms (e.g., 
have you ever claimed to be a U.S. citizen; do you owe any federal, 
state, or local taxes)
     Government-issued identification (e.g., passports, 
driver's license, national ID):

[[Page 54625]]

    [cir] Document type;
    [cir] Issuing country and/or organization;
    [cir] Document number;
    [cir] Issue Date;
    [cir] Expiration date;
     Notices and communications, including:
    [cir] Receipt notices;
    [cir] Requests for Evidence;
    [cir] Notices of Intent to Deny;
    [cir] Proofs of benefit;
     Type of benefit requested;
     Signature (wet and digital);
     Immigration-related request fee payment information (e.g., 
credit card number, Pay.gov Payment Tracking Number); and
     Audio-visual recordings, including interviews and 
naturalization ceremonies.
    Benefit-specific eligibility information about benefit requestor, 
beneficiaries, and family members may include:
     Other unique identifying numbers (e.g., Department of 
State (DOS)-Issued Personal Identification Number, ICE Student and 
Exchange Visitor Number, USCIS E-Verify Company Identification Number);
     Arrival/Departure Information;
     Immigration history (e.g., citizenship/naturalization 
certificate number, apphrensions, removals, explanations);
     Familial relationships (e.g., parent, spouse, sibling, 
child, other dependents);
     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 
membership; participation in torture, genocide, killing, injuring, 
forced sexual contact, limiting or denying others religious beliefs, 
weapons distribution, or combat training; service in military or other 
armed groups, work in penal or detention systems);
     Records regarding organization membership or affiliation;
     Health information (e.g., vaccinations, referrals, 
communicable diseases, physical or mental disorders or disabilities, 
prostitution, drug or alcohol abuse);
     Travel history;
     Education history;
     Employment history;
     Professional accreditation information;
     Financial information (e.g., credit scores and reports, 
income, expenses, scholarships, savings, assets, property, financial 
support, supporter information, life insurance, debts, encumbrances, 
and tax records);
     Public benefit information (e.g., applications and 
receipt, as well as certication of receipt of pubic benefits);
     Supporting documentation as necessary (e.g., birth, 
marriage, and divorce certificates; licenses; academic diplomas; 
academic transcripts; appeals or motions to reopen or reconsider 
decisions; explanatory statements; deoxyribonucleic acid (DNA) results; 
and unsolicited information submitted voluntarily by the benefit 
requestor or family members in support of a benefit request);
     Physical description (e.g., height, weight, eye color, 
hair color, race, ethnicity, identifying marks like tattoos or 
birthmarks);
     Description of relationships between benefit requestors, 
representatives, preparers, and family members;
     Information regarding the status of Department of Justice 
(DOJ), Executive Office of Immigration Review (EOIR) proceedings, if 
applicable; and
     Case processing information such as date benefit requests 
were filed or received by USCIS, benefit request status, location of 
record, other control number when applicable, and fee receipt data.
    Information about Benefit Sponsors may include:
     Full name;
     Gender and/or sex;
     Physical and mailing addresses;
     Phone and fax numbers;
     Country of domicile;
     Date of birth;
     Place of birth;
     Citizenship information;
     SSN;
     A-Number;
     USCIS Online Account 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, 
natural, foster, and/or adopted child, other dependents); and
     Relationship practices (e.g., polygamy, custody, 
guardianship).
    Information about Attorneys and current and/or prospective 
Accredited Representatives include:
     Name;
     USCIS Online Account Number
     Other identifying numbers (e.g., Attorney Bar Card Number 
or equivalent);
     Law firm/recognized organization;
     Physical and mailing addresses;
     Phone and fax numbers;
     Email address;
     Bar membership and Bar number;
     Accreditation date;
     Board of Immigration Appeals Representative Accreditation;
     Expiration date;
     Law Practice Restriction explanation;
     Educational and training history;
     Work history and qualifications;
     Academic and professional achievements;
     Letters of recommendation; and
     Signature.
    Information about Preparers and Interpreters may include:
     Full name;
     Organization;
     Business State ID number;
     Employer Tax Identification Number;
     Physical and mailing addresses;
     Email address;
     Phone and fax numbers;
     Relationship to benefit requestor; and
     Signature.
    Information about individuals who make fee payments on behalf of 
the immigration-related requestor includes:
     Name;
     Email address;
     Phone number;
     Mailing address; and
     Payment information.
    Information about Physicians may include:
     Full name;
     Organization name;
     Physical and mailing addresses;
     Phone number;
     Fax number;
     Professional experience;
     License number;
     Other Physician Identifying Number(s);
     Licensing state and date of issuance;
     Type of degree/license (such as medical doctor, doctor of 
osteopathy, or clinical psychologist);
     Type of medical practice;
     Examination dates of the benefit requestor;
     Clinical methods used to diagnose benefit requestor;
     Email address; and
     Signature.
    Information about obligor (surety) and its agents (co-obligor) may 
include:
     Name;
     Unique Identifying Number (e.g., Taxpayer Identification 
Number (TIN), Employer Identification Number (EIN), SSN (in some cases, 
the obligor's TIN or EIN may be the individual's SSN, and DUNS 
Number));

[[Page 54626]]

     Address (Street, City, State and Zip Code);
     Telephone Number;
     Email Address;
     Power of Attorney (evidencing authority to act on behalf 
of the surety) and Power of Attorney number;
     Signature; and
     Information about bond (e.g., receipt number and bond 
amount).

RECORD SOURCE CATEGORIES:
    DHS/USCIS obtains records from the immigration requestor, his or 
her Representative, Physician, Preparer, Interpreter, or obligor and 
its agents. DHS/USCIS personnel may input information as they process a 
case, including information from internal and external sources to 
verify whether a requestor or family member is eligible for the 
immigration-related request. BIS also stores and uses information from 
the following USCIS, DHS, and other federal agency systems of records:
     DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File 
Tracking System of Records, September 18, 2017 (82 FR 43556);
     DHS/USCIS-005 Inter-Country Adoptions, November 8, 2016 
(81 FR 78614);
     DHS/USCIS-006 Fraud Detection and National Security 
Records (FDNS), August 8, 2012 (77 FR 47411);
     DHS/USCIS-010 Asylum Information and Pre-Screening System 
of Records, November 30, 2015 (80 FR 74781);
     DHS/USCIS-017 Refugee Case Processing and Security 
Screening Information System of Records, October 19, 2016 (81 FR 
72075);
     DHS/USCIS-018 Immigration Biometric and Background Check 
Records System of Records, July 31, 2018 (83 FR 36950);
     DHS/CBP-011 U.S. Customs and Border Protection TECS, 
December 19, 2008 (73 FR 77778);
     DHS/ICE-001 Student and Exchange Visitor Information 
System, January 5, 2010 (75 FR 412);
     DHS/ICE-011 Criminal Arrest Records and Immigration 
Enforcement Records (CARIER), October 19, 2016 (81 FR 72080);
     DHS/CBP-021 Arrival and Departure Information System 
(ADIS), November 18, 2015 (80 FR 72081);
     JUSTICE/EOIR-001 Records and Management Information 
System, January 25, 2007 (72 FR 3410);
     JUSTICE/FBI-002 The FBI Central Records System, January 
25, 2007 (72 FR 3410);
     JUSTICE/FBI-009 Fingerprint Identification Records System 
(FIRS), January 25, 2007 (72 FR 3410);
     DOL/ETA-7 Employer Application and Attestation File for 
Permanent and Temporary Alien Workers, January 10, 2012 (77 FR 1728);
     STATE-05 Overseas Citizens Services Records, May 2, 2008 
(73 FR 24343);
     STATE-26 Passport Records, July 6, 2011 (76 FR 34966);
     STATE-39 Visa Records, October 25, 2012 (77 FR 65245); and
     TREASURY/FMS-017 Collections Records, May 15, 2009 (74 FR 
23006).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    Information in this system of records contains information relating 
to individuals who received benefit requests for special protected 
classes 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. For example, 
information relating to individuals who received benefit requests for 
protection under the Violence Against Women Act, Seasonal Agricultural 
Worker or Legalization claims, the Temporary Protected Status of an 
individual, and information relating to nonimmigrant visas protected 
under special confidentiality provisions 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 DOJ and U.S. Attorneys Offices 
as part of an ongoing criminal or civil investigation.
    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 DOJ, including the U.S. Attorney's Offices, or other federal 
agencies conducting litigation or proceedings before any court, 
adjudicative, or administrative body, when it is relevant or necessary 
to the litigation or proceeding and one of the following is a party to 
the litigation or proceeding or has an interest in such litigation or 
proceeding:
    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, only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. secs. 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 there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the Federal 
Government, or national security; 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 
breach or to prevent, minimize, or remedy such harm.
    F. To another federal agency or federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    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, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations, and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative

[[Page 54627]]

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.
    I. To clerks and judges of courts exercising naturalization 
jurisdiction for the purpose of filing applications for naturalization 
and to enable such courts to determine eligibility for naturalization 
or grounds for revocation of naturalization.
    J. To the Department of State for the purpose of assisting in the 
processing of benefit requests under the Immigration and Nationality 
Act, and all other immigration and nationality laws including treaties 
and reciprocal agreements.
    K. To appropriate federal, state, tribal, and local government law 
enforcement and regulatory agencies, foreign governments, and 
international organizations, as well as to other individuals and 
organizations during the course of an investigation by DHS or the 
processing of a matter under DHS 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.
    L. 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; 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 such disclosure is appropriate to the 
proper performance of the official duties of the person making the 
request.
    M. 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.
    N. 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 DOJ 
Executive Office for Immigration Review.
    O. To a federal, state, tribal, or local government agency to 
assist such agencies in collecting the repayment of loans, fraudulently 
or erroneously secured benefits, grants, or other debts owed to them or 
to the U.S. Government, or to obtain information that may assist USCIS 
in collecting debts owed to the U.S. Government;
    P. To a foreign government to assist such government in collecting 
the repayment of loans, 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.
    Q. To a coroner for purposes of affirmatively identifying a 
deceased individual (whether or not such individual is deceased as a 
result of a crime).
    R. 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 foreign 
nationals 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.
    S. 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.
    T. 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.
    U. 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 when 
the Department requires information or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility.
    V. To an individual's prospective or current employer to the extent 
necessary to determine employment eligibility (e.g., pursuant to the 
Form I-140, Immigrant Petition for Alien Worker) or, USCIS may share 
information with the petitioning employers to aid in the approval or 
denial of a request to become a permanent resident.
    W. 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.
    X. To approved federal, state, and local government agencies that 
grant public benefits, licenses, grants, governmental credentials, or 
for any other statutorily authorized purpose when the immigration 
status of the benefit applicant is legally required and an approved 
Memorandum of Agreement or Computer Matching Agreement (CMA) is in 
place between DHS and the entity.
    Y. To the Department of Labor for enforcement of labor 
certification violations and violations of U.S. labor laws.
    Z. To the news media and the public during the course of 
naturalization ceremonies administered by USCIS or a Federal Judge. 
Pursuant to 8 CFR 337.2 individuals to be naturalized are generally 
required to appear in a public ceremony, unless an appearance is 
specifically excused.
    AA. To the Department of Treasury to perform initial processing of 
benefit requests and to accept and resolve payment and any related 
issues.
    BB. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, with 
the approval of the Chief Privacy Officer, when DHS is aware of a need 
to use relevant data, that relate to the purpose(s) stated in this 
SORN, for purposes of testing new technology.
    CC. To federal, state, local, and tribal benefit granting agencies 
(e.g., Social Security, housing, food, unemployment) to ascertain 
whether public benefits have been issued to the immigration requestor.
    DD. To an individual or entity seeking to post or arrange, or who 
has already

[[Page 54628]]

posted or arranged, an immigration bond for an alien, to aid the 
individual or entity in (1) identifying the location of the alien; (2) 
posting the bond; (3) obtaining payments related to the bond; or (4) 
conducting other administrative or financial management activities 
related to the bond.
    EE. To a consulting entity (e.g., a labor organization or 
management organization) that provided an advisory opinion on a 
petition to USCIS seeking O or P nonimmigrant classification. USCIS may 
disclose the outcome of the petition to the consulting entity that 
provided an advisory opinion on the petition.
    FF. To the news media and the public, with the approval of the 
Chief Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information; when 
disclosure is necessary to preserve confidence in the integrity of DHS; 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/USCIS stores records in this system electronically or on paper 
in secure facilities, such as in a locked drawer or behind a locked 
door. The records may also be stored on magnetic disc, tape, and 
digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS/USCIS may retrieve records by using any of the data elements 
listed above or a combination thereof. This may include, but is not 
limited to, name, date of birth, Alien Number, SSN, USCIS Online 
Account Number, and Receipt Number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    USCIS receives and adjudicates immigration request forms. Each form 
type is governed by a respective retention schedule and each form 
type's retention period is dictated by USCIS's final action on the form 
(e.g., approved, denied, abandoned, withdrawn, administratively closed, 
and rejected). Immigration request forms and supplemental documentation 
that constitute the official record of an individual's immigration 
history are stored in the individual's paper and/or electronic Alien 
File. The Alien File records are permanent, whether hard copy or 
electronic. DHS/USCIS is eligible to transfer Alien Files to the 
custody of NARA 100 years after the individual's date of birth.
    USCIS uses multiple case management systems for the processing, 
adjudication, and management of paper and electronically filed 
immigration request forms. Each case management system retains records 
in accordance with NARA-approved retention schedules. Generally, 
information is retained between 25-50 years from the last completed 
action. The duration of the NARA-approved retention schedules allows 
USCIS to address any follow-up inquiries or requests related to the 
immigration request form, including inquiries related to law 
enforcement, public safety, national security, and to FOIA and Privacy 
Act matters. These retention periods allow USCIS to provide as much 
information as possible to an individual regarding his or her 
immigration history.
    Electronic notices and communications associated with an 
immigration request, to include Approval or Denial letters, Requests 
for Evidence, Notices of Intent to Deny, Appeal/Motion Responses, etc., 
are retained for 13 years after the last completed action with respect 
to the benefit.
    Records of electronic appointments with USCIS are maintained for 60 
days after the date of the appointment.
    Daily reports generated by associated information technology 
systems are maintained in accordance with the general records retention 
schedule that permits USCIS to destroy reports when no longer needed.
    Records replicated on the unclassified and classified networks for 
analysis and vetting will follow the same retention schedule.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/USCIS safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. USCIS has imposed strict controls 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.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing or electronically to the Chief Privacy 
Officer or USCIS's FOIA Officer, whose contact information can be found 
at http://www.dhs.gov/foia under ``Contact Information.'' 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 FOIA Officer, Department of 
Homeland Security, Washington, DC 20528-0655. Even if neither the 
Privacy Act nor the Judicial Redress Act provides a right of access, 
certain records may be available under the FOIA.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his/her 
identity, meaning that the individual must provide his/her full name, 
current address, and date and place of birth. The individual must sign 
the request, and the individual's 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, an individual may obtain forms for this 
purpose from the Chief Privacy Officer and Chief FOIA Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, the individual should:
     Explain why he or she believe the Department would have 
information being requested;
     Identify which component(s) of the Department he or she 
believe may have the information;
     Specify when the individual believes 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 an individual's request is seeking records pertaining to another 
living individual, the first individual must include a statement from 
the second individual certifying that individual's agreement for the 
first individual to access his/her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

[[Page 54629]]

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered JRA records, see 
``Record Access Procedures'' above. Any individual, regardless of 
immigration status, may file a request to access his or her information 
under the FOIA. Throughout the benefit determination process, and prior 
to USCIS making a determination to deny a benefit request, USCIS 
provides individuals with the opportunity to address and correct the 
information.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None. However, when this system receives a record from another 
system exempted under 5 U.S.C. 552a, DHS will claim the same exemptions 
for those records that are claimed for the original primary systems of 
records from which they originated.

HISTORY:
    81 FR 72069 (October 19, 2016); 73 FR 56596 (September 29, 2008).

Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2019-22156 Filed 10-9-19; 8:45 am]
 BILLING CODE 9111-17-P