Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices 70739 

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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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 

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 

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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 CoApplicants may include: 

• USCIS ELIS account number 

• Alien Registration Number(s) 

• Family Name 

• Given Name 

• Middle Name 

• Alias(es) 

• Physical and mailing address(es): 

Æ Address 

Æ Unit Number 

Æ City 

Æ State 

Æ ZIP Code 

Æ Postal Code 

Æ Province 

Æ 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 

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• Phone Extension 

• Email Address 

• Password 

• Challenge questions and answers 

• Immigration status 

• Government-issued identification (e.g. 

passport, driver’s license): 

Æ Document type 

Æ Issuing organization 

Æ Document number 

Æ 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 

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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 

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70744 Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Notices 

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 deconfliction 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 

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

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID: FEMA–2011–0034; OMB No. 

1660–0086] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request; National Flood 

Insurance Program—Mortgage 

Portfolio Protection Program 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice. 

SUMMARY: The Federal Emergency 

Management Agency, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a proposed revision of a 

currently approved information 

collection. In accordance with the 

Paperwork Reduction Act of 1995, this 

notice seeks comments concerning the 

National Flood Insurance Program 

Mortgage Portfolio Protection program, 

which is an option that companies 

participating in the National Flood 

Insurance Program can use to bring their 

mortgage loan portfolios into 

compliance with the flood insurance 

purchase requirements. To participate 

in the Mortgage Portfolio Protection 

Program, the company must agree to 

adhere to certain guidelines and 

requirements in the implementation 

package published by the Associate 

Administrator for Federal Insurance and 

Mitigation Administration. The Write 

Your Own insurance company signs 

documentation noting they agree to 

adhere to these requirements. 

DATES: Comments must be submitted on 

or before January 17, 2012. 

ADDRESSES: To avoid duplicate 

submissions to the docket, please use 

only one of the following means to 

submit comments: 

(1) Online. Submit comments at 

http://www.regulations.gov under 

Docket ID FEMA–2011–0034. Follow 

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