```

[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Pages 70739-70745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29451]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0085]

Privacy Act of 1974; Department of Homeland Security/U.S. 
Citizenship and Immigration Services-015 Electronic Immigration System-
2 Account and Case Management System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue Department of Homeland 
Security system of records titled, ``Department of Homeland Security/
U.S. Citizenship and Immigration Services-015 Electronic Immigration 
System-2 Account and Case Management System of Records.'' This system 
of records will allow the Department of Homeland Security/U.S. 
Citizenship and Immigration Services to collect and maintain records on 
an individual after he or she submits a benefit request and/or updates 
account information to create or update U.S. Citizenship and 
Immigration Services Electronic Immigration System accounts; gather any 
missing information; manage workflow; assist U.S. Citizenship and 
Immigration Services in making a benefit determination; and provide a 
repository of data to assist with the efficient processing of future 
benefit requests. U.S. Citizenship and Immigration Services Electronic 
Immigration System-2 Account and Case Management will also be used to 
process and track all actions related to a particular case, including 
scheduling appointments and issuing decision notices and/or proofs of 
benefit. This system of records notice is being updated to reflect the 
incorporation of new forms, new categories of records, and clarified 
data retention to better inform the public. Additionally, the 
Department of Homeland Security is issuing a Final Rule elsewhere in 
the Federal Register, to exempt this system of records from certain 
provisions of the Privacy Act. This updated system will be included in 
the Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before December 15, 2011. This system will 
be effective December 15, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011- 0085 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (703) 483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Donald K. Hawkins ((202) 272-8000), Privacy Officer, U.S. Citizenship 
and Immigration Services, 20 Massachusetts Avenue NW., Washington, DC 
20529. For privacy issues please contact: Mary Ellen Callahan ((703) 
235-0780), Chief Privacy Officer, Privacy Office, 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 the DHS system of 
records titled, ``DHS/USCIS-015 Electronic Immigration System-2 Account 
and Case Management System of Records.'' This system of records notice 
is being updated to reflect the incorporation of new forms and new 
categories of records, to clarify the data retention policy, and to 
recognize the issuance of a Final Rule exempting the system from 
portions of the Privacy Act. DHS received two public comments which did 
not address this system of records notice. DHS will not make any 
changes in response to the public comments.
    DHS and USCIS are promulgating the regulation ``Immigration 
Benefits Business Transformation, Increment I'' (August 29, 2011, 76 FR 
53764) to allow for USCIS to transition to an electronic environment. 
This regulation will assist USCIS in the transformation of its 
operations by removing references and processes that inhibit the use of 
electronic systems or constrain USCIS's ability to respond to changing 
workloads, priorities, or statutory requirements.
    DHS/USCIS is creating a new electronic environment known as the 
Electronic Immigration System (USCIS ELIS). USCIS ELIS allows 
individuals requesting a USCIS benefit to register online and submit 
certain benefit requests through the online system. This system will 
improve customer service; increase efficiency for processing benefits; 
better identify potential national security concerns, criminality, and 
fraud; and create improved access controls and better auditing 
capabilities.
    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 accredited by the Board of 
Immigration Appeals (Representatives) may create individualized online 
accounts. These online accounts help Applicants and their 
Representatives file for benefits, track the status of open benefit 
requests, schedule appointments, change their addresses and contact 
information, and receive notices and notifications regarding their 
particular cases. Through USCIS ELIS, individuals may submit evidence 
electronically. Once an individual provides biographic information for 
one benefit request, USCIS ELIS uses that information to pre-populate 
any future benefit requests by the same individual. This eases the 
burden on an individual so he or she does not have to repeatedly type 
in the same information and also reduces the number of possible errors.
    USCIS is publishing three System of Records Notices (SORNs) to 
cover the following three distinct processes of this new electronic 
environment and the privacy and security protections incorporated into 
USCIS ELIS:
    1. Temporary Accounts and Draft Benefit Requests: The Electronic 
Immigration System-1 Temporary Accounts and Draft Benefit Requests SORN 
(DHS/USCIS-014) addresses

[[Page 70740]]

temporary data provided by Applicants or Representatives. This 
temporary data includes temporary accounts for first-time Applicants 
and draft benefit request data from first-time Applicants, Applicants 
with permanent accounts, and Representatives. Applicants first interact 
with USCIS ELIS by creating a temporary account, setting notification 
preferences, and drafting the first benefit request. If a first-time 
Applicant does not begin drafting a benefit request within 30 days of 
opening the temporary account, USCIS ELIS deletes the temporary 
account. If he or she does not submit the benefit request within 30 
days of starting a draft benefit request, USCIS ELIS deletes the 
temporary account and all draft benefit request data. If a first-time 
Applicant submits the benefit request within 30 days, USCIS ELIS 
automatically changes the status of the account from temporary to 
permanent. Applicants with permanent USCIS ELIS accounts or 
Representatives may also draft benefit requests. USCIS ELIS deletes all 
draft benefit requests if they are not submitted within 30 days of 
initiation.
    2. Account and Case Management: The Electronic Immigration System-2 
Account and Case Management SORN (DHS/USCIS-015) addresses the 
activities undertaken by USCIS after Applicants or Representatives 
submit a benefit request. USCIS ELIS uses information provided on 
initial and subsequent benefit requests and subsequent collections 
through the Account and Case Management process to create or update 
USCIS ELIS accounts; collect any missing information; manage workflow; 
assist USCIS adjudicators as they make a benefit determination; and 
provide a repository of data to assist with future benefit requests. In 
addition, USCIS ELIS processes and tracks all actions related to the 
case, including scheduling appointments and issuing decision notices 
and/or proofs of benefit.
    3. Automated Background Functions: The Electronic Immigration 
System-3 Automated Background Functions SORN (DHS/USCIS-016) addresses 
the actions USCIS ELIS takes to detect duplicate and related accounts 
and identify potential national security concerns, criminality, and 
fraud to ensure that serious or complex cases receive additional 
scrutiny.
    This SORN addresses the USCIS ELIS account and case management 
process for applicants. Information for Electronic Immigration System-2 
Account and Case Management (USCIS ELIS Account and Case Management) is 
derived from multiple sources. The main source of information is the 
benefit request formally submitted by the Applicant or Representative 
(see Electronic Immigration System-1 Temporary Accounts and Draft 
Benefits Requests SORN). Upon the formal submission of a benefit 
request to USCIS, this information will no longer be considered 
temporary and is subject to the retention schedules provided for in 
this SORN.
    DHS is revising the list of legacy forms that will be incorporated 
into USCIS ELIS. Additional forms from which information will be 
collected will be posted to the USCIS ELIS Web site as the system 
develops. New categories of records collected on this revised list of 
forms include immigration history (citizenship/naturalization 
certificate number, removals, statuses, explanations, etc.), appeals or 
motions to reopen or reconsider decisions, U.S. State Department-Issued 
Personal Identification Number (PID), vaccinations, and medical 
referrals. In the first release of USCIS ELIS, USCIS collects 
information from the following updated list of forms:
     I-90--Application to Replace Permanent Residence Card 
(1615-0082), 08/31/12;
     I-102--Application for Replacement/Initial Nonimmigrant 
Departure Document (1615-0079), 08/31/12;
     I-130--Petition for Alien Relative (1615-0012), 01/31/12 
(as evidence);
     I-131--Application for Travel Document (1615-0013), 03/31/
12;
     I-134--Affidavit of Support (1615-0014), 05/31/12 (as 
evidence);
     I-290B--Notice of Appeal or Motion (91615-0095), 05/31/12;
     I-508/I-508F--Waiver of Rights, Privileges, Exemptions, 
and Immunities (1615-0025), 11/30/11;
     I-539--Application to Extend/Change Nonimmigrant Status 
(1615-0003), 02/29/12;
     I-539--Application to Extend/Change Nonimmigrant Status 
(On-Line Application) (Pending);
     I-566--Interagency Record of Request--A, G or NATO 
Dependent Employment Authorization or Change/Adjustment to/from A, G or 
NATO Status (1615-0027), 01/31/11(as evidence);
     I-601--Application for Waiver of Grounds of 
Inadmissibility (1615-0029), 06/30/12;
     I-693--Report of Medical Examination and Vaccination 
Record (1615-0033), 10/31/11;
     I-765--Application for Employment Authorization (1615-
0040), 09/30/11;
     I-821--Application for Temporary Protected Status (1615-
0043), 10/31/13;
     I-912--Request for Fee Waiver (1615-0116), 10/31/12;
     AR-11--Alien Change of Address Card System (1615-0007), 
09/30/11; and
     G-28 Notice of Entry of Appearance as Attorney or 
Accredited Representative (1615-0105), 04/30/12.
    The information collected throughout the USCIS ELIS Account and 
Case Management process is necessary to conduct an accurate and 
thorough adjudication of a request for immigration benefits. USCIS ELIS 
will use information from an Applicant's benefit request; account 
updates; and/or responses to a request for evidence; as well as 
information obtained during an interview and/or a biometrics collection 
at an Application Support Center. The information provided by the 
Applicant or his or her Representative will be used to create or update 
USCIS ELIS accounts; gather any missing information; manage workflow; 
generate reports; assist USCIS in making a benefit determination; and 
provide a repository of data to assist with future benefit requests. 
Pursuant to 8 CFR 103.2 (a)(3), Co-Applicants may not access, modify, 
or participate in benefit requests submitted by the Applicant. However, 
Co-Applicants may create their own USCIS ELIS accounts as Applicants 
and submit their own benefit requests. USCIS personnel may input 
information as they process a case, including information from 
commercial sources, like LexisNexis or Dun and Bradstreet, to verify 
information provided by an Applicant or Co-Applicant in support of a 
request for a benefit. The USCIS ELIS Account and Case Management 
process will be used to process and track all actions related to the 
case, including scheduling appointments and issuing decision notices 
and/or proofs of benefit. USCIS ELIS will generate notices and 
notifications that will be available to individuals online, via email, 
text message, or postal mail. These notices will also be stored in the 
Applicant's USCIS ELIS account.
    Results from Electronic Immigration System-3 Automated Background 
Functions (USCIS ELIS Automated Background Functions) will also be 
stored in the individual's USCIS ELIS account and/or case. This 
includes information from other USCIS, DHS, and federal government 
systems to confirm identity, determine eligibility, and perform 
background checks. USCIS ELIS Account and Case Management may store 
information from DHS systems including: DHS/USCIS-001--Alien File, 
Index, and National File Tracking System of Records; DHS/USCIS-007--
Benefits Information System (BIS); DHS/USCIS/010--Asylum

[[Page 70741]]

Information and Pre-Screening; DHS/USCIS-006--Fraud Detection and 
National Security Data System (FDNS-DS); DHS/CBP-011--U.S. Customs and 
Border Protection TECS; DHS/ICE-001--Student and Exchange Visitor 
Information System (SEVIS); DHS/ICE-011--Immigration Enforcement 
Operational Records System (ENFORCE); DHS/USVISIT-001--Arrival and 
Departure Information System (ADIS); and DHS/USVISIT-0012--DHS 
Automated Biometric Identification System (IDENT). Furthermore, USCIS 
ELIS Account and Case Management may store information from systems 
outside of DHS, including: Department of State Consular Consolidated 
Database (CCD); JUSTICE/EOIR-001--Records and Management Information 
System; JUSTICE/FBI-002--FBI Central Records System; JUSTICE/FBI-009--
Fingerprint Identification Records System (FIRS); and TREASURY/FMS-
017--Collections Records--Treasury/Financial Management Service.
    To protect Applicant, Co-Applicant, and Representative information, 
USCIS ELIS will employ role-based access controls to ensure internal 
users of the system do not have access to information beyond the 
functions of their employment. USCIS ELIS will also maintain audit logs 
of account access information by recording user identification and the 
date and time of access. Case and account histories are kept in order 
to track who created, deleted, or edited a record and when the change 
was made.
    USCIS collects, uses, and maintains account and case management 
information pursuant to Sections 103 and 290 of the Immigration and 
Nationality Act (INA), as amended (8 U.S.C. 1103 and 1360), and the 
regulations issued pursuant thereto; and Section 451 of the Homeland 
Security Act of 2002 (Pub. L. 107-296).
    Consistent with DHS's information sharing mission, information 
stored in the Electronic Immigration Services-2 Account and Case 
Management SORN may be shared with other DHS components, as well as 
appropriate federal, state, local, tribal, territorial, foreign, or 
international government agencies. This sharing will only take place 
after DHS determines that the receiving component or agency has a need-
to-know the information to carry out national security, law 
enforcement, immigration, intelligence, or other functions consistent 
with the routine uses set forth in this system of records notice. USCIS 
provides information related to the immigration status of persons to 
employers participating in the USCIS E-Verify program (see DHS/USCIS-
011 E-Verify Program SORN). In addition, USCIS provides the immigration 
status of persons applying for benefits from a government agency 
through the USCIS Systematic Alien Verification for Entitlements (SAVE) 
program (see DHS/USCIS-004 Systematic Alien Verification for 
Entitlements Program SORN).
    DHS is issuing a Final Rule to exempt this system of records from 
certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2), 
elsewhere in the Federal Register. Additionally, many of the functions 
in this system require retrieving records from law enforcement systems. 
Where a record received from another system has been exempted in that 
source system under 5 U.S.C. 552a(j)(2), DHS will claim the same 
exemptions for those records that are claimed for the original primary 
systems of records from which they originated and claims any additional 
exemptions in accordance with this rule. This updated 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 the U.S. Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined 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-015 Electronic 
Immigration System-2 Account and Case Management 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-015

System name:
    DHS/USCIS-015 Electronic Immigration System-2 Account and Case 
Management System of Records

Security classification:
    Unclassified, sensitive, for official use only, law enforcement 
sensitive

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

Categories of individuals covered by the system:
    USCIS ELIS Account and Case Management stores and/or uses 
information about individuals who receive or petition for benefits 
under the Immigration and Nationality Act, as amended. 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); 
attorneys and representatives accredited by the Board of Immigration 
Appeals (Representatives); and individuals that assist in the 
preparation of the benefit request.

Categories of records in the system:
    Information about Applicants and Co-Applicants may include:

 USCIS ELIS account number
 Alien Registration Number(s)
 Family Name
 Given Name
 Middle Name
 Alias(es)
 Physical and mailing address(es):
    [cir] Address
    [cir] Unit Number
    [cir] City
    [cir] State
    [cir] ZIP Code
    [cir] Postal Code
    [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
 Preferred Contact Method
 Phone Number

[[Page 70742]]

 Phone Extension
 Email Address
 Password
 Challenge questions and answers
 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
 Signature (electronic or scanned physical signature)
Pay.gov payment tracking number
 IP Address and browser information
 USCIS ELIS case submission confirmation number

    Benefit-specific eligibility information (if applicable) may 
include:

 U.S. State Department-Issued Personal Identification Number 
(PID)
 Arrival/Departure Information
 Immigration history (citizenship/naturalization certificate 
number, removals, explanations, etc.)
 Family Relationships (e.g., Parent, Spouse, Sibling, Child, 
Other Dependents, etc., as well as polygamy, custody, guardianship, and 
other relationship practices)
 USCIS Receipt/Case Number
 Personal Background Information (e.g., involvement with 
national security threats, 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, etc.)
 Health Information (e.g., vaccinations, referrals, 
communicable disease, physical or mental disorder, prostitution, drug 
abuse, etc.)
 Education History
 Work History
 Financial Information (income, expenses, scholarships, 
savings, assets, property, financial support, supporter information, 
life insurance, debts, encumbrances, etc.)
 Social Security Number (SSN), if applicable
 Supporting documentation as necessary (i.e. birth certificate, 
appeals or motions to reopen or reconsider decisions, etc.)
 Physical Description
 Fingerprint(s)
 Photographs
 FBI Identification Number
 Fingerprint Identification Number
 Criminal Records
 Criminal and National Security background check information

    Preparer information includes:

 Name
 Organization
 Physical and Mailing Addresses
 Email Address
 Phone and Fax Numbers
 Paid/Not Paid
 Relationship to Applicant

    Representative information includes:

 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
 BIA Representative Accreditation Expiration Date
 Law Practice Restriction Explanation

Authority for maintenance of the system:
    Authority for maintaining this system is in Sections 103 and 290 of 
the INA, as amended (8 U.S.C. 1103 and 1360), and the regulations 
issued pursuant thereto; and Section 451 of the Homeland Security Act 
of 2002 (Pub. L. 107-296).

Purpose(s):
    The purpose of this system is to manage USCIS ELIS accounts; gather 
information related to a benefit request; manage workflow; generate 
reports; assist USCIS in making a benefit determination; and provide a 
repository of data to assist with future benefit requests. In addition, 
the USCIS ELIS Account and Case Management process will be used to 
process and track all actions related to the case, including scheduling 
appointments and issuing decision notices and/or proofs of benefit.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including U.S. Attorney 
Offices, or other federal agencies conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is necessary to the litigation and one of the following is a party 
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. any employee of DHS in his/her official capacity;
    3. any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. If the U.S. or any agency thereof, is a party to the litigation 
or has an interest in such litigation, and DHS determines that the 
records are both relevant and necessary to the litigation and the use 
of such records is compatible with the purpose for which DHS collected 
the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
other federal government agencies pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, harm to the security or integrity 
of this system or other systems or programs (whether maintained by DHS 
or another agency or entity), or harm to the individual that relies 
upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or

[[Page 70743]]

implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To clerks and judges of courts exercising naturalization 
jurisdiction for the purpose of filing petitions for naturalization and 
to enable such courts to determine eligibility for naturalization or 
grounds for revocation of naturalization.
    I. To courts, magistrates, administrative tribunals, opposing 
counsel, parties, and witnesses, in the course of immigration, civil, 
or criminal proceedings before a court or adjudicative body when:
    1. DHS or any component thereof; or
    2. Any employee of DHS in his or her official capacity; or
    3. Any employee of DHS in his or her individual capacity where the 
agency has agreed to represent the employee; or
    4. The United States, where DHS determines that litigation is 
likely to affect DHS or any of its components;
    Is a party to litigation or has an interest in such litigation, and 
DHS determines that use of such records is relevant and necessary to 
the litigation, and that in each case, DHS determines that disclosure 
of the information to the recipient is a use of the information that is 
compatible with the purpose for which it was collected.
    J. 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 USCIS, ICE, or CBP or 
the DOJ Executive Office for Immigration Review (EOIR).
    K. To DOJ (including United States Attorneys' Offices) or other 
federal agencies conducting litigation or in proceedings before any 
court, adjudicative or administrative body, where necessary to assist 
in the development of such agency's legal and/or policy position.
    L. To the Department of State (DOS) in the processing of petitions 
or applications for benefits under the Immigration and Nationality Act, 
and all other immigration and nationality laws including treaties and 
reciprocal agreements; or when DOS requires information to consider 
and/or provide an informed response to a request for information from a 
foreign, international, or intergovernmental agency, authority, or 
organization about an alien or an enforcement operation with 
transnational implications.
    M. To appropriate federal, state, local, tribal, territorial, or 
foreign governments, as well as to other individuals and organizations 
during the course of an investigation by DHS or the processing of a 
matter under DHS's jurisdiction, or during a proceeding within the 
purview of the immigration and nationality laws, when DHS deems that 
such disclosure is necessary to carry out its functions and statutory 
mandates to elicit information required by DHS to carry out its 
functions and statutory mandates.
    N. To an appropriate federal, state, tribal, territorial, local, or 
foreign government agency or organization, or international 
organization, lawfully engaged in collecting law enforcement 
intelligence, whether civil or criminal, or charged with investigating, 
prosecuting, enforcing or implementing civil or criminal laws, related 
rules, regulations or orders, to enable these entities to carry out 
their law enforcement responsibilities, including the collection of law 
enforcement intelligence, and the disclosure is appropriate to the 
proper performance of the official duties of the person receiving the 
information.
    O. To an appropriate federal, state, local, tribal, territorial, 
foreign, or international agency, if the information is relevant and 
necessary to a requesting agency's decision concerning the hiring or 
retention of an individual, or issuance of a security clearance, 
license, contract, grant, or other benefit, or if the information is 
relevant and necessary to a DHS decision concerning the hiring or 
retention of an employee, the issuance of a security clearance, the 
reporting of an investigation of an employee, the letting of a 
contract, or the issuance of a license, grant, or other benefit.
    P. To an individual's current employer to the extent necessary to 
determine employment eligibility or to a prospective employer or 
government agency to verify an individual is eligible for a government-
issued credential that is a condition of employment.
    Q. To a former employee of DHS, in accordance with applicable 
regulations, for purposes of: Responding to an official inquiry by a 
federal, state, or local government entity or professional licensing 
authority; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the Department requires information or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility.
    R. To the Office of Management and Budget (OMB) 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.
    S. To the U.S. Senate Committee on the Judiciary or the U.S. House 
of Representatives Committee on the Judiciary when necessary to inform 
members of Congress about an alien who is being considered for private 
immigration relief.
    T. To a federal, state, tribal, or local government agency and/or 
to domestic courts to assist such agencies in collecting the repayment 
of loans, or fraudulently or erroneously secured benefits, grants, or 
other debts owed to them or to the U.S. Government, or to obtain 
information that may assist DHS in collecting debts owed to the U.S. 
Government;
    U. To an individual or entity seeking to post or arrange, or who 
has already posted or arranged, an immigration bond for an alien to aid 
the individual or entity in (1) identifying the location of the alien, 
or (2) posting the bond, obtaining payments related to the bond, or 
conducting other administrative or financial management activities 
related to the bond.
    V. To a coroner for purposes of affirmatively identifying a 
deceased individual (whether or not such individual is deceased as a 
result of a crime).
    W. Consistent with the requirements of the INA, to the Department 
of Health and Human Services (HHS), the Centers for Disease Control and 
Prevention (CDC), or to any state or local health authorities, to:
    1. Provide proper medical oversight of DHS-designated civil 
surgeons who perform medical examinations of both arriving aliens and 
of those requesting status as a lawful permanent resident; and
    2. Ensure that all health issues potentially affecting public 
health and safety in the United States are being or have been 
adequately addressed.
    X. To a federal, state, local, tribal, or territorial 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.
    Y. To the Social Security Administration (SSA) for the purpose of 
issuing a SSN and Social Security card to an alien who has made a 
request for a SSN as part of the immigration process and in accordance 
with any related agreements in effect between the SSA, DHS, and DOS 
entered into pursuant to 20 CFR 422.103(b)(3); 422.103(c); and

[[Page 70744]]

422.106(a), or other relevant laws and regulations.
    Z. 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 conduct national intelligence and 
security investigations or assist in anti-terrorism efforts.
    AA. To third parties to facilitate placement or release of an 
individual (e.g., at a group home, homeless shelter, etc.) who has been 
or is about to be released from DHS custody but only such information 
that is relevant and necessary to arrange housing or continuing medical 
care for the individual.
    BB. To foreign governments for the purpose of coordinating and 
conducting the removal of individuals to other nations under the INA; 
and to international, foreign, and intergovernmental agencies, 
authorities, and organizations in accordance with law and formal or 
informal international arrangements.
    CC. To a federal, state, local, territorial, tribal, international, 
or foreign criminal, civil, or regulatory law enforcement authority 
when the information is necessary for collaboration, coordination, and 
de-confliction of investigative matters, prosecutions, and/or other law 
enforcement actions to avoid duplicative or disruptive efforts and to 
ensure the safety of law enforcement officers who may be working on 
related law enforcement matters.
    DD. To the DOJ Federal Bureau of Prisons and other federal, state, 
local, territorial, tribal, and foreign law enforcement or custodial 
agencies for the purpose of placing an immigration detainer on an 
individual in that agency's custody, or to facilitate the transfer of 
custody of an individual from DHS to the other agency. This will 
include the transfer of information about unaccompanied minor children 
to HHS to facilitate the custodial transfer of such children from DHS 
to HHS.
    EE. To federal, state, local, tribal, territorial, or foreign 
governmental or quasi-governmental agencies or courts to confirm the 
location, custodial status, removal, or voluntary departure of an alien 
from the United States, in order to facilitate the recipients' exercise 
of responsibilities pertaining to the custody, care, or legal rights 
(including issuance of a U.S. passport) of the removed individual's 
minor children, or the adjudication or collection of child support 
payments or other debts owed by the removed individual.
    FF. To a federal, state, tribal, territorial, local, international, 
or foreign government agency or entity for the purpose of consulting 
with that agency or entity: (1) To assist in making a determination 
regarding redress for an individual in connection with the operations 
of a DHS component or program; (2) for the purpose of verifying the 
identity of an individual seeking redress in connection with the 
operations of a DHS component or program; or (3) for the purpose of 
verifying the accuracy of information submitted by an individual who 
has requested such redress on behalf of another individual.
    GG. To the Department of Treasury to process and resolve payment 
issues.
    HH. To the news media and the public, with the approval of the 
Chief Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by any of the data elements listed above 
or 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 is currently working with the National Archives and Records 
Administration (NARA) to establish and publish the proposed USCIS ELIS 
records retention schedules. USCIS currently plans to retain all 
account information and supporting evidence for 100 years after the 
account holder's date of birth, or 15 years from last action, whichever 
is later. Permanent accounts (e.g. for applicants who currently have A-
files) and related case snapshots and supporting evidence are permanent 
and will be transferred to the custody of the NARA 100 years after the 
individual's date of birth. Non-immigrant case information and 
supporting evidence will be stored for 15 years from last action.
    U.S. citizen accounts and cases will be archived internally after 
five years. All accounts and cases will be put in an inactive status 15 
years after last action.
    Records that are linked to national security, law enforcement, or 
fraud investigations or cases will remain accessible for the life of 
the related activity, to the extent retention for such purposes exceeds 
the normal retention period for such data in USCIS ELIS. USCIS is 
reviewing its needs for the information as it transitions to a fully 
electronic environment and may amend its retention plans and schedules 
as needed.
    USCIS proposes that, in compliance with NARA General Records 
Schedule 24, section 6, ``User Identification, Profiles, 
Authorizations, and Password Files,'' internal USCIS personnel accounts 
will be destroyed or deleted six years after the account is terminated, 
or when no longer needed for investigative or security purposes, 
whichever is later.

System Manager and address:
    The DHS system manager is the Chief, Records Division, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW., 
Washington, DC 20529.

Notification procedure:
    Applicants may access and amend this information by logging in to 
their USCIS ELIS account. Pursuant to 8 CFR 103.2(a)(3), Co-Applicants 
may access their information by logging in to USCIS ELIS after the 
benefit request has been approved or denied. Further, individuals 
seeking notification of and access to any record contained in this

[[Page 70745]]

system of records, or seeking to contest its content, may submit a 
request in writing to the National Records Center, FOIA/PA Office, P.O. 
Box 648010, Lee's Summit, MO 64064-8010. Specific FOIA contact 
information can be found at http://www.dhs.gov/foia under ``Contacts.'' 
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 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 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 or 1-(866) 431-0486. In addition you should:
     Provide an explanation of 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;
     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 this bulleted 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:
    Records are obtained from the Applicant or his or her 
Representative. USCIS personnel may input information as they process a 
case, including information from commercial sources, like LexisNexis or 
Dunn and Bradstreet, to verify whether an Applicant or Co-Applicant is 
eligible for the benefit requested. USCIS ELIS Account and Case 
Management will also store and use information from the following 
USCIS, DHS, and other federal agency systems of records:
     DHS/USCIS-001--Alien File, Index, and National File 
Tracking System of Records;
     DHS/USCIS-007--Benefits Information System (BIS);
     DHS/USCIS-010--Asylum Information and Pre-Screening;
     DHS/USCIS-006--Fraud Detection and National Security Data 
System (FDNS-DS);
     DHS/USCIS-014--Electronic Immigration System-1 Temporary 
Accounts and Draft Benefit Requests System of Records;
     DHS/USCIS-016--Electronic Immigration System-3 Automated 
Background Functions System of Records;
     DHS/CBP-011--U.S. Customs and Border Protection TECS;
     DHS/ICE-001--Student and Exchange Visitor Information 
System (SEVIS);
     DHS/ICE-011--Immigration Enforcement Operational Records 
System (ENFORCE);
     DHS/USVISIT-001--Arrival and Departure Information System 
(ADIS);
     DHS/USVISIT-0012--DHS Automated Biometric Identification 
System (IDENT);
     Department of State Consular Consolidated Database (CCD);
     JUSTICE/EOIR-001--Records and Management Information 
System;
     JUSTICE/FBI-002--FBI Central Records System;
     JUSTICE/FBI-009--Fingerprint Identification Records System 
(FIRS); and
     TREASURY/FMS-017--Collections Records--Treasury/Financial 
Management Service.

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted this system from 
the following provisions of the Privacy Act pursuant to 5 U.S.C. 
552a(k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I); and (f). Additionally, many of the functions in this system 
require retrieving records from law enforcement systems. Where a record 
received from another system has been exempted in that source system 
under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those 
records that are claimed for the original primary systems of records 
from which they originated and claims any additional exemptions in 
accordance with this rule.

    Dated: November 2, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-29451 Filed 11-14-11; 8:45 am]
BILLING CODE 9111-97-P
```