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[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20673-20680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07725]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2013-0026]

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, Department of Homeland Security.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security/U.S. Citizenship and Immigration Services-015 Electronic 
Immigration System-2 Account and Case Management System of Records.'' 
This system of records allows the Department of Homeland Security/U.S. 
Citizenship and Immigration Services to: collect and maintain records 
on an individual after that individual submits a benefit request and/or 
creates or updates a U.S. Citizenship and Immigration Services 
Electronic Immigration System account; 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 of 
biometrics appointments and interviews, requests for evidence or 
additional information, and issuing decision notices and/or proofs of 
benefit. This notice updates this system of records to (1) include 
additions to the categories of individuals and categories of records, 
(2) clarify routine uses ``A,'' ``H,'' ``L,'' and ``M,'' (3) delete 
routine use ``S,'' and (4) reflect a reduced retention period for 
attorney and accredited representative accounts. Additionally, this 
notice includes non-substantive changes to simplify the formatting and 
text of the previously published notices. The exemptions for the 
existing system of records notice will continue to be applicable for 
this system of records notice. Additionally, this system will continue 
to be included in the Department of Homeland Security's inventory of 
record systems.

Dates and Comments: Submit comments on or before May 6, 2013. In 
particular, DHS requests comments concerning the application of the 
exemptions to the newly added categories of individuals and category of 
records. This updated system will be effective May 6, 2013.

ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0026 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:

[[Page 20674]]

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

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) U.S. Citizenship and Immigration 
Services (USCIS) proposes to update and reissue a current DHS system of 
records titled, ``DHS/USCIS-015 Electronic Immigration System-2 Account 
and Case Management System of Records'' (November 15, 2011, 76 FR 
70739).
    USCIS is the component of DHS that oversees immigration benefit 
requests from foreign nationals seeking to enter, be admitted to, or 
currently residing in the United States. USCIS transformed its 
operations and created a new electronic environment known as USCIS 
Electronic Immigration System (USCIS ELIS), which allows individuals 
requesting USCIS benefits to create immigration accounts online and 
submit certain benefit requests.
    Applicants and petitioners (Applicants); co-applicants, 
beneficiaries, derivatives, dependents, or other persons on whose 
behalf a benefit request is made or whose immigration status may be 
derived because of a relationship to an Applicant (Co-Applicants); and/
or their attorneys and representatives recognized by USCIS and/or 
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 cases. Through USCIS ELIS, individuals 
also may submit evidence electronically.
    USCIS ELIS uses information provided on initial and subsequent 
benefit requests and subsequent information collections through the 
USCIS ELIS Account and Case Management process to create or update 
USCIS ELIS accounts; collect any missing information; manage workflow; 
assist USCIS adjudicators as they make benefit determinations; 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 biometrics appointments and interviews, 
requesting evidence or additional information, and issuing decision 
notices and/or proofs of benefit.
    This system of records is being updated and reissued to (1) include 
additions to the categories of individuals and categories of records, 
(2) clarify routine uses ``A,'' ``H,'' ``L,'' and ``M,'' (3) delete 
routine use ``S,'' and (4) reflect a reduced retention period for 
attorney and accredited representative accounts.
    Categories of individuals are being updated to include Interpreters 
and Sponsors to better reflect the ways USCIS ELIS captures data and to 
include data to be collected as additional benefit types are 
incorporated into USCIS ELIS. Categories of records for Applicants and 
Co-Applicants are being updated to include:
     U.S. County;
     Fax Numbers;
     Notices and Communications;
     Other Immigration-Related Identification Numbers 
including:
    [cir] Immigration and Customs Enforcement (ICE) Student and 
Exchange Visitor Number; and
    [cir] USCIS E-Verify Company Identification Number;
     Tax Records;
     Travel History;
     Professional Accreditation Information; and
     Relationships to Sponsors, Representatives, Preparers, Co-
Applicants, and other Applicants.
    Categories of records for Representatives are being updated to 
include Signature.
    Categories of Records for Interpreters are being added and include:
     Name;
     Organization;
     Physical and Mailing Addresses;
     Email Address;
     Phone and Fax Numbers;
     Relationship to Applicant;
     Whether Interpreters are Paid/Not Paid;
     Business State ID Number; and
     Signature.
    Categories of records for Preparers are being updated to include:
     Whether Preparers or Interpreters are Paid/Not Paid;
     Business State ID Number; and
     Signature.
    Categories of records about Sponsors are being added and include:
     Full Name;
     Gender;
     Physical and Mailing Addresses;
     Phone and Fax Numbers;
     Country of Domicile;
     Date of Birth;
     Place of Birth;
     Citizenship Information;
     Social Security Number (SSN);
     Alien Registration Number (A-Number);
     Employment Information;
     Financial Information;
     Position and Relationship to an Organization;
     Family Relationships and Relationship Practices; and
     Signature.
    This updated notice clarifies the following routine uses. Routine 
use ``A'' has been updated to correct a grammatical error. Routine use 
``H'' has been updated to clarify under which circumstances USCIS would 
release records to clerks and judges of courts exercising 
naturalization jurisdiction. Routine use ``L'' has been updated to read 
``requests'' instead of ``petitions or applications.'' Routine use 
``M'' has been updated to correct a typographical error. One routine 
use listed in the previous notice is omitted in this update. Previous 
routine use ``S,'' which provided disclosure to certain members of 
Congress, was deleted because it was duplicative to existing 
authorization to disclose records under 5 U.S.C. 552a(b)(9). Finally, 
this updated notice includes a note explaining that confidentiality 
laws and policies may limit the sharing of some information that may 
otherwise be shared under a valid routine use.
    This updated notice also presents a different retention period for 
information about attorneys and accredited representatives. USCIS will 
propose to the National Archive and Records Administration that USCIS 
ELIS accounts for attorneys and accredited representatives be retained 
for 7 years, 6 months.
    Information in this system comes from the USCIS Electronic 
Immigration System-1 (USCIS ELIS Temporary Accounts and Draft Benefit 
Requests), which stores draft account and case information from 
Applicants and their Representatives. Once that draft information is 
signed and formally submitted with payment to USCIS, it becomes part of 
this USCIS Electronic Immigration System-2 (USCIS ELIS Account and Case 
Management). Results from USCIS 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,

[[Page 20675]]

and perform background checks. This USCIS ELIS Account and Case 
Management system may store information from other DHS systems 
including: DHS/USCIS/ICE/CBP (U.S. Customs and Border Patrol)-001 Alien 
File, Index, and National File Tracking System of Records; DHS/USCIS-
006 Fraud Detection and National Security Data System (FDNS-DS); DHS/
USCIS-007 Benefits Information System (BIS); DHS/USCIS-010 Asylum 
Information and Pre-Screening; DHS/USCIS-014 Electronic Immigration 
System-1 Temporary Accounts and Draft Benefit Requests System of 
Records (USCIS ELIS-1); DHS/USCIS-016 Electronic Immigration System-3 
Automated Background Functions System of Records (USCIS ELIS-3); 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 (United States Visitor and Immigrant Status Indicator 
Technology)-001 Arrival and Departure Information System (ADIS); and 
DHS/USVISIT-004 DHS Automated Biometric Identification System (IDENT).
    Furthermore, USCIS ELIS Account and Case Management may store 
information from systems outside of DHS, including: Overseas Citizens 
Services Records, STATE-05; Passport Records, STATE-26; Visa Records, 
STATE-39; JUSTICE/EOIR (Department of Justice, Executive Office for 
Immigration Review)-001 Records and Management Information System; 
JUSTICE/FBI (Department of Justice, Federal Bureau of Investigations)-
002 FBI Central Records System; JUSTICE/FBI-009 Fingerprint 
Identification Records System (FIRS); and TREASURY/FMS (Department of 
Treasury, Financial Management Service)-017 Collections Records.
    USCIS ensures that all USCIS ELIS employees receive training and 
agree to USCIS-wide system rules of behavior before being granted 
access. USCIS provides security awareness training to all information 
system users (including managers, senior executives, and contractors) 
as part of initial training for new users, when required by system 
changes, and annually thereafter. DHS personnel and contractors with 
significant security responsibilities (e.g., adjudicators and system 
administrators) initially receive specialized training on USCIS ELIS 
functionality that is specific to their security responsibilities prior 
to being granted access to DHS systems. Thereafter, DHS personnel and 
contractors must complete annual refresher training.
    USCIS collects, uses, and maintains account and case management 
information pursuant to Sections 103 and 290 of the INA (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 DHS/USCIS-015 Electronic Immigration Services-2 Account 
and Case Management, 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, information may be shared 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.
    Additionally, DHS has issued a Final Rule, 76 FR 70638, to exempt 
this system of records from certain provisions of the Privacy Act 
pursuant to 5 U.S.C. 552a(k)(2). The exemptions for the existing system 
of records notice will continue to be applicable for this system of 
records notice. DHS is requesting comments concerning the application 
of the exemptions to the newly added categories of individuals and 
category of records.

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. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/USCIS-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 (OMB) 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, and/or law 
enforcement sensitive.

System location:
    Records are maintained in USCIS ELIS and associated electronic and 
paper files located at USCIS Headquarters in Washington, DC and in 
USCIS service centers and field offices.

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

Categories of records in the system:
    Account information about Applicants and Co-Applicants may include:
     USCIS ELIS Account Number;
     A-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] U.S. County
    [cir] Province
    [cir] Country

[[Page 20676]]

     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 and Fax Numbers;
     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;
     Notices and Communications, including:
    [cir] Receipt Notices
    [cir] Requests for Evidence
    [cir] Notices of Intent to Deny
    [cir] Account Update Notifications
    [cir] Proofs of Benefit
    o Statements of Findings
     Signature (electronic or scanned physical signature);
    Pay.gov Payment Tracking Number;
     IP Address and Browser Information as part of the E-
Signature;
     USCIS ELIS Case Submission Confirmation Number.
    Benefit-specific eligibility information about Applicants and Co-
Applicants may include:
     Other Immigration-Related Identification Numbers (e.g., 
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, removals, explanations);
     Family Relationships (e.g., parent, spouse, sibling, 
child, other dependents) and Relationship Practices (e.g., polygamy, 
custody, guardianship);
     USCIS Receipt/Case Number;
     Personal Background Information (e.g., involvement with 
national security threats, criminal offenses, Communist party, torture, 
genocide, killing, injuring, forced sexual contact, limiting or denying 
others religious beliefs, service in military or other armed groups, 
work in penal or detention systems, weapons distribution, combat 
training);
     Health Information (e.g., vaccinations, referrals, 
communicable diseases, physical or mental disorders, prostitution, drug 
or alcohol abuse);
     Travel History;
     Education History;
     Work History;
     Professional Accreditation Information;
     Financial Information (e.g., income, expenses, 
scholarships, savings, assets, property, financial support, supporter 
information, life insurance, debts, encumbrances, tax records);
     SSN, if applicable;
     Supporting documentation as necessary (e.g., birth, 
marriage, and/or divorce certificates, appeals or motions to reopen or 
reconsider decisions, explanatory statements, and unsolicited 
information submitted voluntarily by the Applicants or Co-Applicants in 
support of a benefit request);
     Physical Description (e.g., height, weight, eye color, 
hair color, identifying marks like tattoos or birthmarks);
     Fingerprint(s);
     Photographs;
     FBI Identification Number;
     Fingerprint Identification Number;
     Criminal Records;
     Criminal and National Security Background Check 
Information;
     Relationships to Sponsors, Representatives, Preparers, Co-
Applicants, and other Applicants.
    Information about Sponsors may include:
     Full Name;
     Gender;
     Physical and Mailing Addresses:
    [cir] Address
    [cir] Unit Number
    [cir] City
    [cir] State
    [cir] ZIP Code
    [cir] Postal Code
    [cir] U.S. County
    [cir] Province
    [cir] Country
     Phone and Fax Numbers;
     Country of Domicile;
     Date of Birth;
     City of Birth;
     State of Birth;
     Province of Birth;
     Country of Birth;
     Citizenship Information;
     SSN;
     A-Number;
     Employment Information;
     Financial Information (e.g., income, expenses, 
scholarships, savings, assets, property, financial support, supporter 
information, life insurance, debts, encumbrances, tax records);
     Position and Relationship to an Organization (e.g., 
manager of a company seeking formal recognition by USCIS);
     Family Relationships (e.g., parent, spouse, sibling, 
child, other dependents) and Relationship Practices (e.g., polygamy, 
custody, guardianship);
     Signature (electronic or scanned physical signature).
    Information about Representatives may include:
     Name;
     Law Firm/Recognized Organization;
     Physical and Mailing Addresses:
    [cir] Address
    [cir] Unit Number
    [cir] City
    [cir] State
    [cir] ZIP Code
    [cir] Postal Code
    [cir] U.S. County
    [cir] Province
    [cir] Country
     Phone and Fax Numbers;
     Email Address;
     Attorney Bar Card Number or Equivalent;
     Bar Membership;
     Accreditation Date;
     Board of Immigration Appeals Representative Accreditation;
     Expiration Date;
     Law Practice Restriction Explanation;
     Signature (electronic or scanned physical signature);
    Information about Preparers and Interpreters may include:
     Full Name;
     Organization;
     Business State ID Number;
     Physical and Mailing Addresses:
    [cir] Address
    [cir] Unit Number
    [cir] City
    [cir] State
    [cir] ZIP Code
    [cir] Postal Code
    [cir] U.S. County
    [cir] Province
    [cir] Country
     Email Address;
     Phone and Fax Numbers;
     Paid/Not Paid (i.e., whether the Preparer or Interpreter 
was paid for assisting the Applicant or Sponsor in completing or 
submitting the benefit request);
     Relationship to Applicant;
     Signature (electronic or scanned physical signature).

Authority for maintenance of the system:
    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 on-line 
applicant,

[[Page 20677]]

representative, and organizational accounts; gather information related 
to a benefit request; manage workflow; generate reports; assist USCIS 
adjudicators 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 
of biometrics appointments and interviews, requesting evidence or 
additional information, 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:

    Note:  Even when a valid routine use permits disclosure of 
information from this system of records to a third party, in some 
cases such disclosure may not be permissible because of 
confidentiality laws and policies that limit the sharing of 
information about the application for or award of certain 
immigration benefits. For example, information in this system of 
records contained in or pertaining to applications for asylum or 
refugee protection, information relating to persons who have pending 
or approved petitions 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 S, T, or U nonimmigrant visas should not be disclosed 
pursuant to a routine use unless disclosure is otherwise permissible 
under the confidentiality statutes, regulations, or policies 
applicable to that information. These confidentiality provisions do 
not prevent DHS from disclosing information to the U.S. Department 
of Justice (DOJ) and U.S. Attorneys' Offices as part of an ongoing 
criminal or civil investigation.

    In addition to those disclosures generally permitted under 5 U.S.C. 
Sec.  552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. Sec.  552a(b)(3) as follows:
    A. To DOJ, including U.S. Attorneys' Offices, or other federal 
agencies conducting litigation or in proceedings before any court, 
adjudicative or administrative body, when it is relevant or necessary 
to the litigation and one of the following is a party to the litigation 
or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity 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. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS'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 
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 to review naturalization decisions, entertain requests for 
hearings, or consider the revocation of naturalization, and to enable 
those courts to determine whether a naturalization case should be 
remanded to DHS, whether an individual is eligible for naturalization, 
or if an individual previously granted naturalization should have 
naturalization revoked.
    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 when the 
agency has agreed to represent the employee; or
    4. The United States, when 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 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, CBP, or 
DOJ 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, when necessary to assist 
in the development of such agency's legal and/or policy position.
    L. To DOS in the processing of requests for benefits under the INA, 
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 an appropriate federal, state, local, tribal, territorial, or 
foreign government agency or organization, as well as to other 
individuals and organizations during the course of an

[[Page 20678]]

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 or to 
elicit information required by DHS to carry out its functions and 
statutory mandates.
    N. To an appropriate federal, state, local, tribal, territorial, 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, or 
foreign government agency or organization, or international 
organization, 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 when 
the Department requires information or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility.
    R. To 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 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.
    T. 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.
    U. To a coroner for purposes of affirmatively identifying a 
deceased individual (whether or not such individual is deceased as a 
result of a crime).
    V. Consistent with the requirements of the INA, to the Department 
of Health and Human Services (HHS), the Centers for Disease Control and 
Prevention, 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 lawful permanent residents; and
    2. Ensure that all health issues potentially affecting public 
health and safety in the United States are being or have been 
adequately addressed.
    W. 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.
    X. 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 Sec. Sec.  422.103(b)(3); 422.103(c); 
and 422.106(a), or other relevant laws and regulations.
    Y. 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.
    Z. To third parties to facilitate placement or release of an 
individual (e.g., at a group home, homeless shelter) 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.
    AA. 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.
    BB. 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.
    CC. 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.
    DD. 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.
    EE. To 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

[[Page 20679]]

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.
    FF. To the Department of Treasury to process and resolve payment 
issues.
    GG. 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 
may be stored on magnetic disc, tape, and/or digital media.

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 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 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. Representative accounts will be stored for 7 years, 6 
months 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, Office of Transformation 
Coordination, U.S. Citizenship and Immigration Services, Department of 
Homeland Security, 633 3rd Street NW., Washington, DC 20529.

Notification procedure:
    Applicants may access and amend this information by logging into 
their USCIS ELIS account. Individuals seeking notification of and 
access to any record contained in this system of records, or seeking to 
contest its content, may submit a request in writing to the National 
Records Center (NRC) FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO 
64064-8010. NRC's contact information can be found at http://www.dhs.gov/foia under ``Contacts.'' If an individual believes that 
more than one component maintains Privacy Act records concerning him or 
her, the individual may submit the request to the Chief Privacy Officer 
and Chief Freedom of Information Act Officer, Department of Homeland 
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC 
20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR Part 5. You must 
first verify your identity, meaning you must provide your full name, 
current address, and date and place of birth. You must sign your 
request, and your signature must be either notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Records are obtained from the Applicant, the primary Applicant for 
a Co-Applicant, Sponsor, his or her Representative, Preparer, or 
Interpreter. USCIS personnel may input information as they process a 
case, including information from commercial sources 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/ICE/CBP-001 Alien File, Index, and National File 
Tracking

[[Page 20680]]

System of Records, 76 FR 34233 (June 13, 2011);
     DHS/USCIS-007 Benefits Information System, 73 FR 56596 
(September 29, 2008);
     DHS/USCIS-010 Asylum Information and Pre-Screening, 75 FR 
409 (January 5, 2010);
     DHS/USCIS-006 Fraud Detection and National Security 
Records (FDNS) 77 FR 47411 (August 8, 2012);
     DHS/USCIS-014 Electronic Immigration System-1 Temporary 
Accounts and Draft Benefit Requests System of Records, 76 FR 70730 
(November 15, 2011);
     DHS/USCIS-016 Electronic Immigration System-3 Automated 
Background Functions System of Records, 76 FR 70735 (November 15, 
2011);
     DHS/CBP-011 U.S. Customs and Border Protection TECS, 73 FR 
77778 (December 19, 2008);
     DHS/ICE-001 Student and Exchange Visitor Information 
System, 75 FR 412 (January 5, 2010);
     DHS/ICE-011 Immigration and Enforcement Operational 
Records System (ENFORCE), 75 FR 23274 (May 3, 2010);
     DHS/USVISIT-001 Arrival and Departure Information System 
(ADIS), 72 FR 47057 (August 22, 2007);
     DHS/USVISIT-004 DHS Automated Biometric Identification 
System (IDENT), 72 FR 31080 (June 5, 2007);
     Overseas Citizens Services Records, STATE-05, 73 FR 24343 
(May 2, 2008);
     Passport Records, STATE-26, 76 FR 34966 (July 6, 2011);
     Visa Records, STATE-39, 77 FR 65245 (October 25, 2012);
     JUSTICE/EOIR-001 Records and Management Information 
System, 72 FR 3410 (January 25, 2007);
     JUSTICE/FBI-002 The FBI Central Records System, 72 FR 3410 
(January 25, 2007);
     JUSTICE/FBI-009 Fingerprint Identification Records System 
(FIRS), 72 FR 3410 (January 25, 2007); and
     TREASURY/FMS-017 Collections Records, 74 FR 23006 (May 15, 
2009).

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. When 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 set 
forth here.

    Dated: March 22, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-07725 Filed 4-4-13; 8:45 am]
BILLING CODE 9111-97-P
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