36950 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices 

determination before the Court of 

International Trade. 

Sincerely, 

Alice A. Kipel 

Executive Director 

Regulations and Rulings 

Office of Trade 

[FR Doc. 2018–16281 Filed 7–30–18; 8:45 am] 

BILLING CODE P 

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. 

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: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–343–4010. 

• 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, 

USCIS.PrivacyCompliance@

uscis.dhs.gov, 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, Privacy@

hq.dhs.gov, 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: 

• Federal Bureau of Investigation 

(FBI) Next Generation Identification 

(NGI) Biometric Check; 

• DHS Office of Biometric and 

Identity Management (OBIM) 

Automated Biometric Identification 

System (IDENT) Biometric Check; 

• Department of Defense (DoD) 

Automated Biometric Identification 

System (ABIS) Biometric Check; 

Biographic name-based checks: 

• FBI Central Records System (CRS) 

and Universal Index (UNI) Name Check; 

• U.S. Customs and Border Protection 

(CBP) TECS Name Checks; 

• Department of State (DOS) Consular 

Lookout and Support System (CLASS); 

and 

• 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 


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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, 

BD.systems@uscis.dhs.gov, U.S. 

Citizenship and Immigration Services, 


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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: 

• 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; 

• Current, former, and potential 

derivative family members of benefit 

requestors; 

• 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; 

• 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); 

• Attorneys and representatives 

recognized by USCIS and/or accredited 

by the Board of Immigration Appeals 

(Representatives); and 

• 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: 

• Full name; 

• Aliases; 

• Other names; 

• Date of birth; 

• Place of birth; 

• Country of Citizenship/Nationality; 

• Current and previous immigration 

status; 

• Mailing and physical address; 

• Phone number; 

• Employment status; 

• Travel Document Numbers (i.e., 

passport numbers, I–94 number); 

• Travel Document Information (i.e., 

country of issuance, nationality, date of 

issuance, expiration date); 

• Case Type (i.e., refugee claimant, 

identity investigation, absconder, visa 

applicant); 

• Filing date; 

• Filing determination; 

• Reason for filing determination; 

• Gender; 

• Height; 

• Weight; 

• Eye color; 

• Hair color; 

• Race/Ethnicity; and 

• 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: 

• Biometric images (including, but 

not limited to: Photographs/facial 

images, fingerprint images, iris images, 

voice samples, and signatures); and 

• Details about images (i.e., capture 

date, reason fingerprinted, and 

location). 

Encounter information may include: 

• Scan of marked travel document 

page; 

• Foreign partner point of contact 

information; 

• Watchlist indicator, indicator of 

derogatory information, or reason for 

alert; 

• Arrival, Departure, and/or Removal 

information (date and location); 

• Transaction Control Numbers 

Associated with FBI fingerprint checks; 

• Date/time of submission; 

• Type of immigration form or nonbiometric encounter; 

• Date of immigration form or nonbiometric encounter; 

• Query results (match or no match); 

• Error code; and 

• 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: 

• 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 

• Logs associated with the requests of 

background checks, which may include 

requesting location and requesting 

person. 

Document Production information 

may include: 

• Identifying Transactional 

Information (i.e., transaction control 

number, book number); 

• Biographical Information used for 

Document Production; 

• Document Production Status; 

• Benefit Card/Document Type; 

• Class of Admission; 

• Document Serial Number; 

• Radio Frequency Identification 

(RFID) with USCIS Issued Document; 

• Machine-readable Barcode; 

• Production Site; 

• Production Status; and 

• 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 


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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-systemsrecords); 

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 


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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 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices 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: 

• Explain why the individual believe 

the Department would have information 

on him or her; 

• Identify which component(s) of the 

Department the individual believes may 

have the information about him or her; 

• Specify when the individual 

believes the records would have been 

created; and 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; 

If 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 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6083–N–02] 

Notice of a Federal Advisory 

Committee Meeting: Manufactured 

Housing Consensus Committee 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, Department of Housing 

and Urban Development (HUD). 

ACTION: Notice of a Federal Advisory 

Committee Meeting: Manufactured 

Housing Consensus Committee (MHCC). 

SUMMARY: This notice sets forth the 

schedule and proposed agenda for a 

meeting of the MHCC. The meeting is 

open to the public and the site is 

accessible to individuals with 

disabilities. The agenda provides an 

opportunity for citizens to comment on 

the business before the MHCC. 

DATES: The meeting will be held on 

September 11 through September 13, 

2018, 9:00 a.m. to 5:00 p.m. Eastern 

Standard Time (EST) daily. 

ADDRESSES: The meeting will be held at 

the Holiday Inn Washington—Capitol, 

550 C Street SW, Washington, DC 

20024. 

FOR FURTHER INFORMATION CONTACT: 

Teresa B. Payne, Acting Administrator, 

Office of Manufactured Housing 

Programs, Department of Housing and 

Urban Development, 451 7th Street SW, 

Room 9166, Washington, DC 20410, 

telephone (202) 708–6423 (this is not a 

toll-free number). Persons who have 

difficulty hearing or speaking may 

access this number via TTY by calling 

the toll-free Federal Information Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

Notice of this meeting is provided in 

accordance with the Federal Advisory 

Committee Act, 5. U.S.C. App. 10(a)(2) 

through implementing regulations at 41 

CFR 102–3.150. The MHCC was 

established by the National 

Manufactured Housing Construction 

and Safety Standards Act of 1974, 42 

U.S.C. 5403(a)(3), as amended by the 

Manufactured Housing Improvement 

Act of 2000, (Pub. L. 106–569). 

According to 42 U.S.C. 5403, as 

amended, the purposes of the MHCC are 

to: 

• Provide periodic recommendations 

to the Secretary to adopt, revise, and 

interpret the Federal manufactured 

housing construction and safety 

standards in accordance with this 

subsection; 

• Provide periodic recommendations 

to the Secretary to adopt, revise, and 

interpret the procedural and 

enforcement regulations, including 

regulations specifying the permissible 

scope and conduct of monitoring in 

accordance with subsection (b); 

• Be organized and carry out its 

business in a manner that guarantees a 

fair opportunity for the expression and 

consideration of various positions and 

for public participation. 

The MHCC is deemed an advisory 

committee not composed of Federal 

employees. 

Public Comment 

Citizens wishing to make comments 

on the business of the MHCC are 


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