[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Pages 36950-36955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16138]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2018-0003]


Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to consolidate two legacy systems of 
record, Department of Homeland Security/U.S. Citizenship and 
Immigration Services-002 Background Check Service and Department of 
Homeland Security/U.S. Citizenship and Immigration Services-003 
Biometric Storage System into the new DHS system of records titled, 
``Department of Homeland Security/U.S. Citizenship and Immigration 
Services-018 Immigration Biometric and Background Check System of 
Records.'' This system of records notice (SORN) allows the DHS U.S. 
Citizenship and Immigration Services (USCIS) to collect and maintain 
biographic, biometric, and background check records on applicants, 
petitioners, sponsors, beneficiaries, or other individuals in 
connection with a benefit request. USCIS uses biometric and associated 
biographic information to verify identity, conduct criminal and 
national security background checks against internal and external 
government systems, and to support domestic and foreign data sharing 
agreements. The categories of individuals, categories of records, and 
the routine uses of these legacy systems of records notices have been 
consolidated and updated to better reflect the Department's biometric 
and biographic criminal background checks; identity enrollment, 
verification, and resolution; document production record systems; and 
data sharing efforts.
    Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM) 
to exempt this system of records from certain provisions of the Privacy 
Act, elsewhere in the Federal Register. This new system will be 
included in DHS's inventory of record systems.

DATES: Submit comments on or before August 30, 2018. This system will 
be effective upon publication. Routine uses will become effective 
August 30, 2018.

ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0003 by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 202-343-4010.
    <bullet> Mail: Philip S. Kaplan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2018-0003 for this notice. 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, 
<a href="/cdn-cgi/l/email-protection#336660707a601d63415a4552504a705c5e435f5a525d5056734640505a401d575b401d545c45"><span class="__cf_email__" data-cfemail="aefbfdede7fd80fedcc7d8cfcdd7edc1c3dec2c7cfc0cdcbeedbddcdc7dd80cac6dd80c9c1d8">[email protected]</span></a>, Privacy Officer, U.S. 
Citizenship and Immigration Services, 20 Massachusetts Avenue NW, 
Washington, DC 20529. For privacy questions, please contact: Philip S. 
Kaplan, (202) 343-1717, <a href="/cdn-cgi/l/email-protection#7d2d0f140b1c1e043d150c5319150e531a120b"><span class="__cf_email__" data-cfemail="9bcbe9f2edfaf8e2dbf3eab5fff3e8b5fcf4ed">[email protected]</span></a>, Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.

SUPPLEMENTARY INFORMATION: 

I. Background

    DHS USCIS has relied on two preexisting DHS/USCIS Privacy Act SORNs 
for the maintenance of USCIS biometric and background check records: 
``DHS/USCIS 002 Background Check Service,'' 72 FR 31082 (June 5, 2007), 
and ``DHS/USCIS-003 Biometric Storage System,'' 72 FR 17172 (April 6, 
2007). Such records will be covered by one new system of records named 
``DHS/USCIS-018 Immigration Biometric and Background Check (IBBC) 
System of Records.'' USCIS processes and adjudicates most immigration 
benefit requests and other immigration request forms (e.g., 
applications and petitions) for DHS. This new system of records notice 
consolidates and covers all of USCIS's biometric and associated 
biographic information it collects pursuant to that mission. The 
purpose of this system is to verify identity and conduct criminal and 
national security background checks in order to establish an 
individual's eligibility for an immigration benefit or other request, 
and support domestic and international data sharing efforts. USCIS 
determines eligibility by capturing biometric and associated biographic 
data from benefit requestors, beneficiaries, and other categories of 
individuals to facilitate three key operational functions: (1) Verify 
an individual's identity; (2) conduct criminal and national security 
background checks; and (3) produce benefit cards and documents as a 
proof of benefit.
    Most individuals who file benefit requests for themselves or on the 
behalf of others (i.e., petitioner, applicants, beneficiaries, and 
requestors) are subject to background, identity, and security checks to 
ensure eligibility for the requested benefit. Other individuals in 
connection with immigration benefit requests or other requests (i.e., 
household members, sponsors) may also be subject to certain background, 
identity, and security checks. The biometric collection process begins 
with the capture of biometric data at an authorized biometric capture 
site, including USCIS offices, Application Support Centers, or U.S. 
consular offices and military installations abroad. USCIS requires 
applicants, petitioners, sponsors, beneficiaries, or other individuals 
in connection of a benefit request to submit their biometrics along 
with associated biographic information to USCIS for background, 
identity, and security checks. The types of background checks USCIS 
conducts vary by the benefit or request type. Standard background 
checks may include, but are not limited to:
    Biometric based checks:
    <bullet> Federal Bureau of Investigation (FBI) Next Generation 
Identification (NGI) Biometric Check;
    <bullet> DHS Office of Biometric and Identity Management (OBIM) 
Automated Biometric Identification System (IDENT) Biometric Check;
    <bullet> Department of Defense (DoD) Automated Biometric 
Identification System (ABIS) Biometric Check;
    Biographic name-based checks:
    <bullet> FBI Central Records System (CRS) and Universal Index (UNI) 
Name Check;
    <bullet> U.S. Customs and Border Protection (CBP) TECS Name Checks;
    <bullet> Department of State (DOS) Consular Lookout and Support 
System (CLASS); and
    <bullet> DOS Security Advisory Opinion (SAO).
    USCIS may also perform interagency checks with intelligence 
community partners for certain benefits. The results of these checks 
are used to inform

[[Page 36951]]

eligibility determinations, which will result in the approval or denial 
of a benefit. If fraudulent activity, criminal activity, or potential 
threats to public safety or national security are detected as a result 
of the biometric or name check, information may be referred to the 
USCIS Fraud Detection and National Security Directorate (FDNS) or 
appropriate law enforcement agencies for further review. These law 
enforcement agencies include U.S. Immigration and Customs Enforcement 
(ICE), CBP, FBI, or other federal, state, local, tribal, foreign, or 
international law enforcement agencies. USCIS may also conduct 
additional background and security checks against other federal, 
international, state, and local systems to verify the identity of the 
individual as part of the eligibility determination for a benefit or 
request, as appropriate.
    USCIS sends biometric, associated biographic, and encounter-related 
data to IDENT to conduct biometric searches against the system. IDENT 
is the central DHS-wide information technology system for enrollment, 
storage, and processing of biometric and associated biographic 
information. IDENT is maintained for the purposes of national security, 
law enforcement, immigration and border management, intelligence, and 
credentialing (e.g., background investigations for national security 
positions and certain positions of public trust), as well as for other 
administrative uses (e.g., providing associated testing, training, 
management reporting, or planning and analysis). When an authorized 
request is received by OBIM, the program management office for IDENT, 
analysts search IDENT for biometric matches and assign matches as new 
encounters into IDENT on behalf of USCIS. Consistent with this SORN and 
other SORNs governing different biometric data sets in IDENT, USCIS 
biographic and biometric information from IDENT may be shared with 
federal, state, local, tribal, foreign, and international agencies for 
national security, law enforcement, criminal justice, immigration and 
border management, and intelligence purposes. In addition, information 
from IDENT may also be shared for background investigations for 
national security positions and certain positions of public trust in 
accordance with statutory and regulatory restrictions on disclosure.

International Biometric Sharing Initiatives

    This system of records supports the biometric vetting capability 
outlined in data sharing agreements between DHS and certain foreign 
partners. USCIS may send and receive biometric requests to and from 
certain foreign partners through IDENT in support of its immigration 
mission and applicable laws. The purpose of these data sharing 
initiatives is to enhance the cooperation between the United States and 
foreign partners to prevent terrorism, including terrorist travel; 
prevent serious crime and other threats to national security and public 
safety; assist in the administration and enforcement of immigration 
laws; and provide the foreign partner with appropriate information for 
its consideration when adjudicating requests for immigration benefits 
including, but not limited to, asylum or refugee status. Through 
international sharing agreements, USCIS may share biometric and 
associated biographic information stored in IDENT, which it collected 
in determining suitability for an immigration benefit, with foreign 
partners. DHS does not permit third party disclosure without prior 
approval.

Document Production

    Once the adjudication of certain immigration benefits are complete, 
USCIS creates official, personalized and secure identity documents to 
certify the grant of the requested benefit. The secure identification 
documents USCIS produces and issues are high-quality and state-of-the-
art, incorporating tamper-resistant, machine-readable, and 
biometrically-enabled technologies designed to withstand document 
counterfeiting efforts, alteration, or efforts employed to commit 
fraud.
    Information stored in the DHS/USCIS-018 IBBC System of Records may 
be shared with other DHS Components that have a need to know the 
information to carry out their national security, law enforcement, 
immigration, intelligence, or other homeland security functions. In 
addition, DHS/USCIS may share information with appropriate federal, 
state, local, tribal, territorial, foreign, or international government 
agencies consistent with the routine uses set forth in this system of 
records notice.
    Additionally, DHS is issuing an NPRM to exempt this system of 
records from certain provisions of the Privacy Act elsewhere in the 
Federal Register. This new system of records 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 under which Federal Government agencies collect, 
maintain, use, and disseminate individuals' records. The Privacy Act 
applies to information that is maintained in a ``system of records.'' A 
``system of records'' is a group of any records under the control of an 
agency from which information is retrieved by the name of an individual 
or by some identifying number, symbol, or other identifying particular 
assigned to the individual. In the Privacy Act, an individual is 
defined to encompass U.S. citizens and lawful permanent residents. 
Additionally, the Judicial Redress Act (JRA) provides statutory rights 
to covered persons to request access and amendment to covered records, 
as defined by the JRA, along with judicial review for denials of such 
requests. In addition, the JRA prohibits disclosures of covered 
records, except as otherwise permitted by the Privacy Act.
    Below is the description of the DHS/USCIS-018-Immigration Biometric 
and Background Check (IBBC) System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
SYSTEM NAME AND NUMBER:
    DHS/USCIS-018 Immigration Biometric and Background Check (IBBC) 
System of Records.

SECURITY CLASSIFICATION:
    Unclassified and classified. The data may be retained on classified 
networks but this does not change the nature and character of the data 
until it is combined with classified information.

SYSTEM LOCATION:
    DHS/USCIS maintains records in DHS-approved data centers in the 
Washington, DC, metropolitan area. Backups are maintained offsite. IBBC 
will be accessible world-wide from all USCIS field offices, service 
centers, and Application Service Centers that are part of the DHS 
Network. Paper files are located at USCIS Headquarters in Washington, 
DC and in DHS/USCIS service centers, domestic and international field 
offices, and other USCIS facilities. USCIS stores biometric records in 
the DHS biometrics repository, OBIM IDENT.
    DHS/USCIS replicates records from the operational IT systems and 
maintains them in other IT systems connected on the DHS unclassified 
and classified networks.

SYSTEM MANAGER(S):
    Associate Director, Immigration Records and Identity Services, 
<a href="/cdn-cgi/l/email-protection#9edcdab0ede7edeafbf3eddeebedfdf7edb0faf6edb0f9f1e8"><span class="__cf_email__" data-cfemail="eba9afc59892989f8e8698ab9e98888298c58f8398c58c849d">[email protected]</span></a>, U.S. Citizenship and Immigration Services,

[[Page 36952]]

Department of Homeland Security, 111 Massachusetts Avenue NW, 
Washington, DC 20529.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. 1101 and 1103; 8 CFR 103.16(a); and 8 CFR 103.2(b)(9).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to assist USCIS with determining an 
individual's eligibility for an immigration benefit request or other 
USCIS requests. USCIS captures biographic and biometric data from 
applicants, petitioners, sponsors, beneficiaries, or other individuals 
to facilitate three key operational functions: (1) Enroll, verify, and 
manage an individual's identity; (2) conduct criminal and national 
security background checks; and (3) produce benefit cards/documents as 
a proof of benefit. Also, the purpose of this system is to (4) support 
data sharing initiatives between DHS components, other U.S. Government 
agencies and foreign partners in order to prevent terrorism, including 
terrorist travel; prevent serious crime and other threats to national 
security and public safety; and assist in the administration and 
enforcement of immigration laws.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include:
    <bullet> Persons who have filed on their own behalf, or on the 
behalf of others, applications or petitions for immigration benefits or 
other requests under the Immigration and Nationality Act (INA) (i.e., 
applicants, petitioners, and beneficiaries), as amended;
    <bullet> Current, former, and potential derivative family members 
of benefit requestors;
    <bullet> Affiliated persons who have a clearly articulated rational 
connection to the request, applicant, petitioner, or beneficiary, that 
may have an impact on the adjudication process of a request;
    <bullet> Associates whose information is voluntarily provided by 
the applicant as part of the family tree, and which include points of 
contact in the United States and other individuals with whom the 
applicant associates (i.e., household members, sponsors);
    <bullet> Attorneys and representatives recognized by USCIS and/or 
accredited by the Board of Immigration Appeals (Representatives); and
    <bullet> All individuals who meet the definition of an adult member 
of the household, 8 CFR 204.3(b) or 8 CFR 204.301; and/or any other 
individual whose presence in the applicant's or petitioner's residence 
is relevant to the prospective adoptive parent(s)'s suitability to 
adopt overseas.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system covers biographic, biometric, unique machine-generated 
identifiers, encounter-related data, criminal and national security 
background check results, and card production information.
    Biographic information may include:
    <bullet> Full name;
    <bullet> Aliases;
    <bullet> Other names;
    <bullet> Date of birth;
    <bullet> Place of birth;
    <bullet> Country of Citizenship/Nationality;
    <bullet> Current and previous immigration status;
    <bullet> Mailing and physical address;
    <bullet> Phone number;
    <bullet> Employment status;
    <bullet> Travel Document Numbers (i.e., passport numbers, I-94 
number);
    <bullet> Travel Document Information (i.e., country of issuance, 
nationality, date of issuance, expiration date);
    <bullet> Case Type (i.e., refugee claimant, identity investigation, 
absconder, visa applicant);
    <bullet> Filing date;
    <bullet> Filing determination;
    <bullet> Reason for filing determination;
    <bullet> Gender;
    <bullet> Height;
    <bullet> Weight;
    <bullet> Eye color;
    <bullet> Hair color;
    <bullet> Race/Ethnicity; and
    <bullet> Unique Identifying Numbers, including, but not limited to, 
Alien Registration Number (Alien Number), Receipt Number, Social 
Security number (SSN), and USCIS Online Account Number.
    Biometric information may include:
    <bullet> Biometric images (including, but not limited to: 
Photographs/facial images, fingerprint images, iris images, voice 
samples, and signatures); and
    <bullet> Details about images (i.e., capture date, reason 
fingerprinted, and location).
    Encounter information may include:
    <bullet> Scan of marked travel document page;
    <bullet> Foreign partner point of contact information;
    <bullet> Watchlist indicator, indicator of derogatory information, 
or reason for alert;
    <bullet> Arrival, Departure, and/or Removal information (date and 
location);
    <bullet> Transaction Control Numbers Associated with FBI 
fingerprint checks;
    <bullet> Date/time of submission;
    <bullet> Type of immigration form or non-biometric encounter;
    <bullet> Date of immigration form or non-biometric encounter;
    <bullet> Query results (match or no match);
    <bullet> Error code; and
    <bullet> Transaction Identifier Data (i.e., sending organization; 
timestamp; date; transaction type; case type; priority level; message 
origin; message destination; reference numbers (requesting participants 
subject specific reference number; or requesting participants event 
specific reference number); workstation; reason fingerprinted, such as 
entry, visa application, credentialing application, or apprehension; 
and any available encounter information, including an IDENT-generated 
encounter identification number (EID)).

Background Check information may include:
    <bullet> Results of criminal and national security background 
checks (i.e., positive or negative response; and positive responses are 
generally accompanied with the individual's criminal history and 
additional information explaining the results of the response); Unique 
Biometric Identifier (i.e., Fingerprint Identification Number (FIN) and 
Universal Control Number (formerly known as FBI Number)); and
    <bullet> Logs associated with the requests of background checks, 
which may include requesting location and requesting person.
    Document Production information may include:
    <bullet> Identifying Transactional Information (i.e., transaction 
control number, book number);
    <bullet> Biographical Information used for Document Production;
    <bullet> Document Production Status;
    <bullet> Benefit Card/Document Type;
    <bullet> Class of Admission;
    <bullet> Document Serial Number;
    <bullet> Radio Frequency Identification (RFID) with USCIS Issued 
Document;
    <bullet> Machine-readable Barcode;
    <bullet> Production Site;
    <bullet> Production Status; and
    <bullet> Document Issuance Time/Date and Expiration Date.

RECORD SOURCE CATEGORIES:
    Records are obtained from the categories of individuals included in 
this SORN. Information contained in this system may also be supplied by 
DHS, other U.S. Federal, state, tribal, or local government agencies, 
foreign government agencies, and international organizations. USCIS 
personnel may input information as they process a case, including 
information from internal and external sources, and to verify whether a 
benefit requestor or family is eligible for the benefit requested. 
Records covered by other

[[Page 36953]]

systems of records (or their successor systems) that are ingested and 
covered by this SORN include the following:
    1. DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File 
Tracking System of Records, 82 FR 43556 (Sept. 18, 2017);
    2. DHS/USCIS-005 Intercountry Adoptions Security, 81 FR 78614 (Nov. 
8, 2016);
    3. DHS/USCIS-006 Fraud Detection and National Security Records 
(FDNS), 77 FR 47411 (Aug. 8, 2012);
    4. DHS/USCIS-007 Benefit Information System, 81 FR 72069 (Oct. 19, 
2016);
    5. DHS/USCIS-010 Asylum Information and Pre-Screening, 80 FR 74781 
(Nov. 30, 2015);
    6. DHS/USCIS-017 Refugee Case Processing and Security Screening 
Information, 81 FR 72075 (Oct. 19, 2016);
    7. DHS/CBP-011 U.S. Customs and Border Protection TECS, 73 FR 77778 
(Dec. 19, 2008);
    8. DHS/ICE-011-Criminal Arrest Records and Immigration Enforcement 
Records (CARIER) System of Records, 81 FR 72080 (Oct. 19, 2016);
    9. DHS/US-VISIT-001 DHS Automated Biometric Identification System 
(IDENT), 72 FR 31080 (June 5, 2007);
    10. DHS/ALL-041 External Biometric Records (EBR) System of Records, 
83 FR 17829 (April 24, 2018);
    11. JUSTICE/FBI-002 The FBI Central Records System, 82 FR 24147 
(May 25, 2017), and prior history (https://www.justice.gov/opcl/doj-systems-records);
    12. JUSTICE/FBI-009 The Next Generation Identification (NGI) 
System, 81 FR 27283 (May 5, 2016), and 82 FR 24151 (May 25, 2017);
    13. STATE-05 Overseas Citizens Services Records and Other Overseas 
Records, 81 FR 62235 (Sept. 8, 2016);
    14. STATE-26 Passport Records, 80 FR 15653 (March 24, 2015);
    15. STATE-39 Visa Records, 77 FR 65245 (Oct. 25, 2012);
    16. STATE-59 Refugee Case Records, 77 FR 5865 (Feb. 6, 2012);
    17. ODNI/NCTC-008 National Counterterrorism Center Terrorism 
Analysis Records, 72 FR 73895 (Dec. 28, 2007);
    18. DoD/A0025-2 Defense Biometric Services, 74 FR 48237 (Sept. 22, 
2009);
    19. DoD/A0025-2 PMG (DFBA) Defense Biometric Identification Records 
System, 80 FR 8292 (Feb. 17, 2015); and
    20. DoD/A0025-2a Defense Biometric Identification Records System, 
74 FR 17840 (April 17, 2009).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    Information in this system of records contains information relating 
to certain persons who have pending or approved benefit requests for 
special protected class status and should not be disclosed pursuant to 
a routine use unless disclosure is otherwise permissible under the 
confidentiality statutes, regulations, or policies applicable to that 
information. For example, information relating to persons who have 
applied for asylum or refugee status, have pending or approved benefit 
requests for protection under the Violence Against Women Act, Seasonal 
Agricultural Worker or Legalization claims, the Temporary Protected 
Status of an individual, and information relating to certain 
nonimmigrant visas. These confidentiality provisions do not prevent DHS 
from disclosing information to the Department of Justice (DOJ) and 
Offices of the United States Attorneys as part of an ongoing criminal 
or civil investigation.
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the DOJ, including Offices of the U.S. Attorneys, or other 
federal agency 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 there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with DHS's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    F. To another Federal agency or Federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    G. To 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.
    H. To an appropriate Federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    I. 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

[[Page 36954]]

that such disclosure is necessary to carry out its functions and 
statutory mandates.
    J. 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 
DHS requires information or consultation assistance from the former 
employee regarding a matter within that person's former area of 
responsibility.
    K. To a coroner, in accordance with applicable law and regulations, 
for purposes of affirmatively identifying a deceased individual 
(whether or not such individual is deceased as a result of a crime).
    L. To a Federal, state, or local government agency seeking to 
verify or ascertain the citizenship or immigration status of any 
individual within the jurisdiction of the agency for any purpose 
authorized by law
    M. To an appropriate domestic government agency or other 
appropriate authority for the purpose of providing information about an 
individual who has been or is about to be released from DHS custody 
who, due to a condition such as mental illness, may pose a health or 
safety risk to himself/herself or to the community. DHS will only 
disclose information about the individual that is relevant to the 
health or safety risk they may pose and/or the means to mitigate that 
risk (e.g., the individuals need to remain on certain medication for a 
serious mental health condition).
    N. 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.
    O. To DOJ FBI for the purpose of conducting name and fingerprint 
background checks in order to verify the identity of an individual and 
generate information used to grant or deny an immigration benefit 
request or other request.
    P. To U.S. Department of State for the purpose of conducting 
biographic and biometric based searches for identity verification in 
order to process 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.
    Q. To U.S. Department of Defense for the purpose of biometric 
background checks to verify the identity of an individual and generate 
information used to grant or deny an immigration benefit request or 
other request.
    R. To the Office of the Director of National Intelligence National 
Counterterrorism Center (ODNI/NCTC) and other Federal and foreign 
government intelligence or counterterrorism agencies when USCIS becomes 
aware of an indication of a threat or potential threat to national or 
international security, or when such use is to assist in anti-terrorism 
efforts and disclosure is appropriate to the proper performance of the 
official duties of the person making the disclosure.
    S. To an individual's prospective or current employer to the extent 
necessary to determine employment eligibility (for example, pursuant to 
the Form I-140, Immigrant Petition for Alien Worker).
    T. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy.

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

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

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    USCIS retains the records 100 years from the date of birth of the 
individual in accordance with NARA Disposition Authority Number DAA-
0563-2013-0001-0005. USCIS collects and uses the information to verify 
the identity of the individual and support the background check 
process. The 100-year retention rate comes from the length of time 
USCIS may interact with a customer. Further, retaining the data for 
this period of time will enable USCIS to fight identity fraud and 
misappropriation of benefits.
    USCIS generates secure identification documents to communicate 
adjudication decisions to the mailing address on file for the benefit 
requestor or his or her legal representative. USCIS systems that 
generate cards and documents retain data 10 years from the date of 
record creation in accordance with NARA Disposition Authority Number 
DAA-0566-2016-0014. Proof of benefits sent to the benefit requestor and 
returned to USCIS are retained by USCIS for up to one year in 
accordance with NARA Disposition Authority Number DAA-0566-2014-0005.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/USCIS safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. USCIS has imposed strict controls to 
minimize the risk of compromising the information that is being stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

RECORD ACCESS PROCEDURES:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act, 
and consequently the JRA if applicable, because it may interfere with 
ongoing investigations and law enforcement activities. However, DHS 
will consider individual requests to determine whether or not 
information may be released. Thus, individuals seeking access to and 
notification of any record contained in this system of records, or 
seeking to contest its content, may submit a request in writing to the 
Chief Privacy Officer and Headquarters or component's FOIA Officer, 
whose contact information can be found at http://www.dhs.gov/foia under

[[Page 36955]]

``Contacts Information.'' If an individual believes more than one 
component maintains Privacy Act records concerning him or her, the 
individual may submit the request to the Chief Privacy Officer and 
Chief FOIA Officer, Department of Homeland Security, Washington, DC 
20528-0655. Even if neither the Privacy Act nor the Judicial Redress 
Act provide a right of access, certain records about the individual may 
be available under the Freedom of Information Act.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his or her 
identity, meaning that the individual must provide his or her full 
name, current address, and date and place of birth. The individual must 
sign the request, and the individual's signature must either be 
notarized or submitted under 28 U.S.C. 1746, a law that permits 
statements to be made under penalty of perjury as a substitute for 
notarization. While no specific form is required, an individual may 
obtain forms for this purpose from the Chief Privacy Officer and Chief 
FOIA Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, 
the individual should:
    <bullet> Explain why the individual believe the Department would 
have information on him or her;
    <bullet> Identify which component(s) of the Department the 
individual believes may have the information about him or her;
    <bullet> Specify when the individual believes the records would 
have been created; and
    <bullet> Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records;
    If an individual's request is seeking records pertaining to another 
living individual, the first individual must include a statement from 
that individual certifying his/her agreement for the first individual 
to access his/her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

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

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Secretary of Homeland Security, pursuant to Secretary's 
delegation number 15002 to the Director of USCIS to conduct certain law 
enforcement activities, when necessary to protect the national security 
and public safety, pursuant to 5 U.S.C. 552a(j)(2), is proposing to 
exempt this system from the following provisions of the Privacy Act: 5 
U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and (g). Additionally, the 
Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2), has 
exempted this system from the following provisions of the Privacy Act: 
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and 
(f). 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.

HISTORY:
    DHS/USCIS-002 Background Check Service, 72 FR 31082 (June 5, 2007); 
DHS/USCIS-003 Biometric Storage System, 72 FR 17172 (April 6, 2007).

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-16138 Filed 7-30-18; 8:45 am]
 BILLING CODE 9111-97-P


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