Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices 70735 

Dated: November 2, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–29449 Filed 11–14–11; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2011–0087] 

Privacy Act of 1974; Department of 

Homeland Security/U.S. Citizenship 

and Immigration Services—016 

Electronic Immigration System-3 

Automated Background Functions 

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 the Department of 

Homeland Security system of records 

titled, ‘‘Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services—016 Electronic 

Immigration System-3 Automated 

Background Functions System of 

Records.’’ This system of records will 

allow the Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services to collect and 

maintain certain biographic information 

about individuals in the U.S. 

Citizenship and Immigration -Services 

Electronic Immigration System and its 

legacy systems in order 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 system 

of records notice is being updated to 

clarify the data retention policy. 

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– 

2011–0087 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) 272–8030), 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–016 Electronic Immigration 

System-3 Automated Background 

Functions System of Records.’’ This 

system of records notice is being 

updated 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 no public comments for this 

system of records notice. Consequently, 

DHS is not making any changes in 

response to public comments. 

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. 

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, and statutory 

requirements. 

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 the 

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 

temporary data provided by Applicants 

or Representatives. This temporary data 

includes temporary accounts for firsttime 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 

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70736 Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices 

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. 

Electronic Immigration System-3 

Automated Background Functions 

(USCIS ELIS Automated Background 

Functions) uses biographic information 

stored in Electronic Immigration 

System-2 Account and Case 

Management (USCIS ELIS Account and 

Case Management) to run a series of 

automated rules on that information, 

generating results, and assigning 

confidence and severity levels to the 

results to assist USCIS personnel 

reviewing the results. The results of all 

USCIS ELIS Automated Background 

Functions are returned to the account or 

case and are used and shared according 

to the Electronic Immigration System-2 

Account and Case Management SORN. 

USCIS ELIS Automated Background 

Functions use this information to detect 

duplicates and related records, and to 

identify national security concerns, 

criminality, and fraud to ensure that 

serious or complex cases receive 

additional scrutiny. 

Detect Duplicates and Related Records 

In order to identify duplicate USCIS 

ELIS accounts, other USCIS records 

pertaining to the individual, and 

relationships among individuals with 

USCIS records, USCIS ELIS Automated 

Background Functions maintain a copy 

of biographical information from USCIS 

ELIS accounts and cases (described in 

the Electronic Immigration System-2 

Account and Case Management SORN), 

as well as the following legacy USCIS 

systems: Alien File/Central Index 

System; Benefits Processing of 

Applicants other than Petitions for 

Naturalization, Refugee Status, and 

Asylum (CLAIMS 3); Computer Linked 

Application Information Management 

System (CLAIMS 4); Refugees, Asylum, 

and Parole System (RAPS); and Fraud 

Detection and National Security Data 

System (FDNS–DS). 

Background, National Security, and 

Criminality Checks 

USCIS ELIS Automated Background 

Functions automatically perform 

background checks when new 

information is received by querying 

several DHS, Federal Bureau of 

Investigation (FBI), and other agencies’ 

law enforcement and/or immigration 

systems, as appropriate, to identify 

national security and/or law 

enforcement concerns. 

Identification of Possible Fraud 

Results from the de-duplication and 

relationship analysis and background 

checks are run against a set of USCIS 

analyst-derived rules to assign 

confidence levels indicating how 

strongly the information in one record 

matches another record, as well as a 

severity level indicating possible 

criminal, national security, or 

fraudulent activity. Each result will 

have a summary which will include the 

rule used to produce the result and any 

alerts or flags to control subsequent 

processing. Once the rules have 

returned results and confidence and 

severity levels are assigned, USCIS ELIS 

Automated Background Functions will 

route the case to the appropriate USCIS 

personnel based on the nature of the 

results. 

Information is shared outside of DHS 

to perform system queries as part of 

USCIS ELIS Automated Background 

Functions. USCIS shares biographic 

information with the Department of 

State (DOS) and receives visa 

information in return. USCIS provides 

biometric and biographic information 

to, and receives criminal history 

information from, the FBI. USCIS 

provides biographic information to, and 

receives biographic and immigration 

court data from, the Department of 

Justice (DOJ) Executive Office of 

Immigration Review (EOIR). 

The proposed routine uses are 

compatible with the purpose of the 

original collection. The routine uses 

have been tailored to ensure that the 

information within the system is shared 

through USCIS Automated Background 

Functions when an individual requests 

a benefit. Generally, all other sharing 

will occur out of the Electronic 

Immigration System-2 Account and 

Case Management SORN. However, 

pursuant to (b)(1) of the Privacy Act, 

this information may be shared with 

other DHS components pursuant to its 

mission within the Department. 

USCIS collects, uses, and maintains 

benefit request eligibility results 

pursuant to 8 U.S.C. 1103 and 8 U.S.C. 

1225. 

Consistent with DHS’s information 

sharing mission, information stored in 

USCIS ELIS Automated Background 

Functions 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. 

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 

a law enforcement 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 

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Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices 70737 

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 DHS/ 

USCIS–016 Electronic Immigration 

System-3 Automated Background 

Functions 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–016. 

SYSTEM NAME: 

DHS/USCIS–016 Electronic 

Immigration System-3 Automated 

Background Functions. 

SECURITY CLASSIFICATION: 

Unclassified, sensitive, for official use 

only, law enforcement sensitive. 

SYSTEM LOCATION: 

Records are maintained at the United 

States Citizenship and Immigration 

Services Headquarters in Washington, 

DC and field offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

USCIS ELIS Automated Background 

Functions stores and/or uses 

information about individuals who 

previously received or petitioned for 

benefits in USCIS ELIS, or have 

information in USCIS legacy systems 

described under ‘‘records source,’’ 

under the Immigration and Nationality 

Act (INA), as amended. These 

individuals include: Applicants and 

petitioners (Applicants); co-applicants, 

beneficiaries, derivatives, dependants or 

other persons on whose behalf a benefit 

request is made or whose immigration 

status may be derived because of a 

relationship to the Applicant (CoApplicants); 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: 

• ELIS Account Number 

• Name 

• Date of Birth 

• Place of Birth 

• Country of Citizenship 

• Gender 

• Social Security Number, if 

applicable 

• Alien Number 

• Marital Status 

• Family Relationships 

• Current and Past Address 

Information 

• Current and Past Telephone 

Information 

• Case ID Number (specific to the 

benefit application) 

• Application Type 

• Passport Information 

• Drivers License Number 

• Email Address 

• Eye Color 

• Hair Color 

• Height 

• Attorney or Accredited 

Representative Information 

• Employment Information 

• FBI Number, if available 

• Entry/Exit Data 

• Rules used to generate results, 

assign confidence and severity levels, 

assign system flags, and route cases 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

8 U.S.C. 1103 and 8 U.S.C. 1225. 

PURPOSE(S): 

The purpose of USCIS ELIS 

Automated Background Functions is to 

assist USCIS personnel in detecting 

duplicate and related accounts; 

identifying potential national security 

concerns, criminality, and fraud; as well 

as ensuring that serious or complex 

cases receive additional scrutiny. 

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 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. 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, or 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 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 the Department of Justice (DOJ) 

Executive Office of Immigration Review 

(EOIR) in the processing of petitions or 

applications for benefits under INA, and 

all other immigration and nationality 

laws including treaties and reciprocal 

agreements. 

H. To DOS in the processing of 

petitions or applications for benefits 

under INA, and all other immigration 

and nationality laws including treaties 

and reciprocal agreements. 

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70738 Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices 

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 

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 in negotiations 

with NARA for approval of the USCIS 

ELIS data retention and archiving plan. 

USCIS proposes retaining the copy of 

biographic data stored in USCIS ELIS 

Automated Background Functions as 

long as the records exist in the source 

system. However, USCIS is reviewing its 

needs for the information as it 

transitions to a fully electronic 

environment and may amend its 

retention, as needed. 

USCIS proposes that, in compliance 

with NARA General Records Schedule 

24, section 6, ‘‘User Identification, 

Profiles, Authorizations, and Password 

Files,’’ internal user accounts will be 

destroyed or deleted six years after the 

user 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, 20 Massachusetts 

Avenue NW., Washington, DC 20529. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

may maintain law enforcement 

information. However, DHS/USCIS will 

consider individual requests to 

determine whether or not information 

may be released. Thus, 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, 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 retrieved through, but not 

stored in, the USCIS ELIS Automated 

Background Functions from the 

following USCIS, DHS, and other 

federal agency systems of records: 

• DHS/USCIS–015—Electronic 

Immigration System-2—Account and 

Case Management System 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/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; and 

• JUSTICE/FBI–009—Fingerprint 

Identification Records System (FIRS). 

In order to resolve identity and 

relationships, records stored in USCIS 

ELIS Automated Background Functions 

are obtained from the following USCIS 

systems of records: Electronic 

Immigration System-2 Account and 

Case Management; Alien File, Index, 

and National File Tracking; Fraud 

Detection and National Security Data 

System; Benefits Information System; 

and Asylum Information and PreScreening. 

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 

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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. 2011–29450 Filed 11–14–11; 8:45 am] 

BILLING CODE 9111–97–P 

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 

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