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[Federal Register: April 13, 2010 (Volume 75, Number 70)]
[Notices]               
[Page 18857-18860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap10-70]                         

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0146]

 
Privacy Act of 1974; Department of Homeland Security Citizenship 
and Immigration Services Ombudsman-001 Virtual Ombudsman System of 
Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security is giving notice that it proposes to establish a new 
Department of Homeland Security system of records notice titled, 
``Department of Homeland Security Citizenship and Immigration Services 
Ombudsman-001 Virtual Ombudsman System of Records.'' This system of 
records will ensure the efficient and secure processing of information 
to aid the Citizenship and Immigration Services Ombudsman in providing 
assistance to individuals, employers, and their representatives in 
resolving problems with U.S. Citizenship and Immigration Services; 
identify areas in which individuals, employers, and their 
representatives have problems working with U.S. Citizenship and 
Immigration Services; and to the extent possible, propose changes to 
mitigate problems pursuant to 6 U.S.C. 272. This newly established 
system will be included in the Department of Homeland Security's 
inventory of record systems.

DATES: Submit comments on or before May 13, 2010. This new system will 
be effective May 13, 2010.

ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0146 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: 
Raymond Mills (202-357-8100), Privacy Point of Contact, Office of the 
Citizenship and Immigration Services Ombudsman, Department of Homeland 
Security, Washington, DC 20528. 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

    Pursuant to the Privacy Act of 1974, (5 U.S.C. 552a), the 
Department of Homeland Security (DHS) Citizenship and Immigration 
Services Ombudsman (CISOMB) is giving notice that it proposes to 
establish a new DHS system of records notice titled, ``DHS/CISOMB-001 
Virtual Ombudsman System of Records.'' This system of records will 
ensure the efficient and secure processing of information to aid the 
CISOMB in providing assistance to individuals, employers, and their 
representatives in resolving problems with U.S. Citizenship and 
Immigration Services (USCIS); identify areas in which individuals, 
employers, and their representatives have problems working with USCIS; 
and to the extent possible, propose changes to mitigate problems 
pursuant 6 U.S.C. 272.
    CISOMB has developed the DHS/CISOMB-001 Virtual Ombudsman System of 
Records to ensure the efficient and secure processing of information 
and to aid the Ombudsman in assisting individuals and employers in 
making systemic recommendations to USCIS. The core of the DHS/CISOMB-
001 Virtual Ombudsman System of Records is CISOMB's Web form 7001 which 
is a user interface Web-based form which will automatically convert 
information submitted by an individual or employer into a case within 
CISOMB's account within Internet Quorum/Enterprise Correspondence 
Tracking (IQ/ECT) system. IQ/ECT is the Department's enterprise-wide 
correspondence and case management tracking system. This system allows 
the Department's headquarters and components to manage cases and 
resolve issues in a coordinated and timely manner. For more information 
on IQ/ECT, please view the Enterprise Correspondence Tracking System 
PIA at http://www.dhs.gov/privacy. The system also enables CISOMB to 
segregate data into several categories to generate internal reports, 
provide customized feedback to individuals and employers, and supply 
real-time aggregated

[[Page 18858]]

statistical information for the CISOMB to assist individuals and 
employers with their problems with USCIS.
    The purpose of this system is to provide efficient and secure case 
management and processing of information related to individuals and 
employers problems allowing the Ombudsman to make systemic 
recommendations to USCIS. The Department's authority for this 
collection is primarily Section 452 of the Homeland Security Act of 
2002. This system will collect individuals' personal information to 
support the Ombudsman's efforts to make recommendations to USCIS 
pursuant to 6 U.S.C. 272. Efforts have been made to safeguard records 
in accordance with applicable rules and policies, including all 
applicable DHS automated systems security and access policies. Strict 
controls have been imposed to minimize 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. The 
routine uses posted cover sharing with the Department of Justice for 
legal representation; to Congress at the request of a constituent; to 
the National Archives and Records Administration for records retention 
and disposal; to agencies, organizations, and individuals for purposes 
of audit as well as for security breaches; to contractors of the 
Department in performance of their contractual duties; to appropriate 
agencies and entities for investigations and prosecutions; and to an 
attorney or representative who is acting on behalf of an individual. 
This system collects information under the Paperwork Reduction Act 
using the following form: DHS Form 7001, Case Problem Submission 
Worksheet and Supporting Statement Case Problem Submission, OMB Control 
Number 1601-0004, Expiration Date 01/01/2013.
    This newly established system will be included in DHS's inventory 
of record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States 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 United States 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. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses to 
their records are put, and to assist individuals to more easily find 
such files within the agency. Below is the description of the DHS/
CISOMB-001 Virtual Ombudsman 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/CISOMB-001

System name:
    Citizenship and Immigration Services Ombudsman--001 Virtual 
Ombudsman System of Records.

Security classification:
    Unclassified.

System location:
    Records are maintained at Citizenship and Immigration Services 
Ombudsman Headquarters in Washington, DC.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include: any 
member of the general public, including individuals, employers, and 
their representatives seeking assistance from the Citizenship and 
Immigration Services Ombudsman in resolving general matters, issues, or 
problems with USCIS.

Categories of records in the system:
    Categories of records in this system include:
     Individual's full legal name including any aliases;
     Individual's date and country of birth;
     Individual's legal citizenship;
     Individual's alien (``A'') number;
     Full legal name of person preparing form if other than the 
individual named in the case;
     Applications and petitions filed;
     Receipt number located on the top left hand corner of 
Notice of Action (Form I-797) received from USCIS in response to the 
application/petition filed;
     Immigration status or interim benefit applied or 
petitioned for;
     Type of case problem;
     Source of case problem;
     Description of case problem;
     Prior actions taken to remedy the problem;
     Designated attorney/representative;
     Consent of the petitioner for USCIS to disclose 
information in the file to the designated representative;
     Verification statement signed and dated by the individual 
of the inquiry or the authorized representative; and
     Declaration by the individual or the attorney or 
representative submitting the case problem.

Authority for maintenance of the system:
    Section 452 of the Homeland Security Act of 2002.

Purpose(s):
    The purpose of this system is to provide efficient and secure case 
management and processing of information related to individuals and 
employers problems with USCIS.

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), and in accordance with 6 
U.S.C. 272, as follows:
    A. To the Department of Justice (including United States Attorney 
Offices) or other federal agency 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

[[Page 18859]]

    4. the United States 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 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. The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish a CISOMB function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To an attorney or representative who is acting on behalf of an 
individual covered by this system of records to obtain the individual's 
information submitted to the Virtual Ombudsman System.

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 CISOMB Case Number, Alien Registration 
Number, or by the individuals' name.

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:
    In accordance with National Archives and Records Administration 
approved retention and disposal policy N1-563-08, processed case files 
are cut off at the final disposition of the case and are deleted or 
destroyed ten years after cutoff. Uncompleted case files are the record 
copy of cases where additional information is requested, but not 
received. Cases are closed 30 days after the request for additional 
information. These records are cut off 30 days from date of request if 
no response, and are deleted or destroyed 5 years after cutoff.

System Manager and address:
    CISOMB VOS Project Manager (202-357-8100), Office of the 
Citizenship and Immigration Services Ombudsman, Department of Homeland 
Security, Washington, DC 20528.

Notification procedure:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the CISOMB's FOIA Officer, whose 
contact information can be found at http://www.dhs.gov/foia under 
``contacts.'' 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 FOIA Officer at http://www.dhs.gov or 1-866-
431-0486. In addition you should provide the following:
     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:
    Information originates from stakeholders and customers who contact 
the CISOMB.

Exemptions claimed for the system:
    None.


[[Page 18860]]


    Dated: March 19, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-8313 Filed 4-12-10; 8:45 am]
BILLING CODE 9110-9B-P
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