Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Notices 47411 

established for the period, or, if 

applicable, provide sound justification 

for the lack of progress, and other 

pertinent information as required. A 

final report must be submitted within 90 

days of expiration of the budget/project 

period. 

B. Financial Reports 

Federal Financial Report FFR (SF– 

425), Cash Transaction Reports are due 

30 days after the close of every calendar 

quarter to the Division of Payment 

Management, HHS at: http:// 

www.dpm.psc.gov. It is recommended 

that you also send a copy of your FFR 

(SF–425) report to your Grants 

Management Specialist (see Section VII., 

2., of this announcement). Failure to 

submit timely reports may cause a 

disruption in timely payments to your 

organization. 

Grantees are responsible and 

accountable for accurate information 

being reported on all required reports: 

the Progress Reports and Federal 

Financial Report. 

C. Federal Subaward Reporting System 

(FSRS) 

This award may be subject to the 

‘‘Transparency Act’’ subaward and 

executive compensation reporting 

requirements of 2 CFR Part 170. 

The ‘‘Transparency Act’’ requires: (1) 

The OMB to establish a single 

searchable database, accessible to the 

public, with information on financial 

assistance awards made by Federal 

agencies; and (2) recipients of Federal 

grants to report information about firsttier subawards and executive 

compensation under Federal assistance 

awards. 

Effective October 1, 2010, IHS 

implemented a Term of Award into all 

IHS Standard Terms and Conditions, 

NoAs and funding announcements 

regarding this requirement. This IHS 

Term of Award is applicable to all IHS 

grant and cooperative agreements issued 

on or after October 1, 2010, with a 

$25,000 subaward obligation dollar 

threshold met for any specific reporting 

period. Additionally, all new 

(discretionary) IHS awards (where the 

project period is made up of more than 

one budget period) and where: (1) the 

project period start date was October 1, 

2010 or after and (2) the primary 

awardee will have a $25,000 subaward 

obligation dollar threshold during any 

specific reporting period will be 

required to conduct address the FSRS 

reporting. For the full IHS award term 

implementing this requirement and 

additional award applicability 

information, visit the Grants 

Management Grants Policy Web site at: 

http://www.ihs.gov/ 

NonMedicalPrograms/gogp/ 

index.cfm?module=gogp_policy_topics. 

Telecommunication for the hearing 

impaired is available at: TTY (301) 443– 

6394. 

VII. Agency Contacts 

1. Questions on the programmatic 

issues may be directed to: Anna 

Johnson, Program Official, Office of 

Tribal Self-Governance, 801 Thompson 

Avenue, Suite 240, Phone: (301) 443– 

7821, Fax: (301) 443–1050, Email: 

anna.johnson2@ihs.gov. 

2. Questions on grants management 

and fiscal matters may be directed to: 

John Hoffman, Grants Management 

Specialist, 801 Thompson Avenue, TMP 

360, Rockville, MD 20852, Phone: (301) 

443–2116, Fax: (301) 443–9602, Email: 

John.Hoffman@ihs.gov. 

VIII. Other Information 

The Public Health Service strongly 

encourages all cooperative agreement 

and contract recipients to provide a 

smoke-free workplace and promote the 

non-use of all tobacco products. In 

addition, Public Law 103–227, the ProChildren Act of 1994, prohibits smoking 

in certain facilities (or in some cases, 

any portion of the facility) in which 

regular or routine education, library, 

day care, health care, or early childhood 

development services are provided to 

children. This is consistent with the 

HHS mission to protect and advance the 

physical and mental health of the 

American people. 

Dated: August 1, 2012. 

Yvette Roubideaux, 

Director, Indian Health Service. 

[FR Doc. 2012–19343 Filed 8–7–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2012–0018] 

Privacy Act of 1974; Department of 

Homeland Security/U.S. Citizenship 

and Immigration Services—006 Fraud 

Detection and National Security 

Records, System of Records 

AGENCY: Privacy Office, Department of 

Homeland Security. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, 5 U.S.C. 552a, the 

Department of Homeland Security 

proposes to update and reissue the 

Department of Homeland Security 

system of records notice currently 

titled,’’ Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services—006 Fraud 

Detection and National Security Data 

–System and renaming it Fraud 

Detection and National Security 

Records.’’ This system of records assists 

the Department of Homeland Security/ 

U.S. Citizenship and Immigration 

Services in performing its statutory 

missions including strengthening the 

integrity of the nation’s legal 

immigration system by ensuring that 

immigration benefits are not granted to 

individuals that may pose a threat to 

national security and/or public safety. 

In addition, this system of records 

assists the Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services’ recording, 

tracking, and managing immigration 

inquiries, investigative referrals, law 

enforcement requests, and case 

determinations involving benefit fraud, 

criminal activity, public safety and 

national security concerns. This system 

of records is being updated to more 

clearly describe the functions of the 

Fraud Detection and National Security 

Directorate and clarify that the system of 

records contains both electronic and 

paper files. 

DATES: Submit comments on or before 

September 7, 2012. This revised system 

will be effective September 7, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2012–0018 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: 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: United 

States Citizenship and Immigration 

Services, Privacy Officer, Donald 

Hawkins (202–272–8000), 111 

Massachusetts Avenue NW., 

Washington, DC 20529. For privacy 

issues please contact: Mary Ellen 


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Callahan (202–343–4010), Chief Privacy 

Officer, Privacy Office, U.S. Department 

of Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 

Homeland Security (DHS)/U.S. 

Citizenship and Immigration Services 

(USCIS) proposes to update and reissue 

the DHS system of records currently 

titled, ‘‘Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services—006 Fraud 

Detection and National Security Data 

System System of Records’’ (last 

published August 18, 2008, 73 FR 

48231) and renaming it Fraud Detection 

and National Security Records. This 

system of records notice (SORN) is 

being updated to better describe the 

functions of the Fraud Detection and 

National Security Directorate (FDNS). 

DHS through USCIS implements 

immigration law and policy through the 

processing and adjudication of 

applications and petitions submitted for 

citizenship, asylum, and other 

immigration benefits. Benefits may 

include adjustment of immigration 

status (granting lawful permanent 

residence), naturalization (granting 

United States citizenship), asylum and 

refugee status, and other immigrant and 

nonimmigrant benefits. USCIS supports 

the DHS statutory mandate of protecting 

the nation by identifying applicants 

who threaten national security or public 

safety and denying them immigration 

benefits that would allow them to 

legally enter or remain in the United 

States. In addition, USCIS enhances the 

integrity of the nation’s legal 

immigration system by detecting and 

deterring immigration benefit fraud. In 

order to support this DHS statutory 

mandate, USCIS collects applicant, 

petitioner, and beneficiary information 

to adjudicate applications and petitions 

so that immigration benefits are only 

granted to eligible individuals in an 

accurate, efficient, and timely manner. 

This information is also used to 

determine if and when those benefits 

should be rescinded or revoked. 

In 2004, USCIS established FDNS in 

response to a Congressional 

recommendation to establish an 

organization ‘‘responsible for 

developing, implementing, directing, 

and overseeing the joint USCIS- U.S. 

Immigration and Customs Enforcement 

(ICE) anti-fraud initiative and 

conducting law enforcement/ 

background checks on every applicant, 

beneficiary, and petitioner prior to 

granting immigration benefits.’’ FDNS 

fulfills the USCIS mission of enhancing 

both national security and the integrity 

of the legal immigration system by: (1) 

Identifying threats to national security 

and public safety posed by those 

seeking immigration benefits; (2) 

detecting, pursuing, and deterring 

immigration benefit fraud; (3) 

identifying and removing systemic 

vulnerabilities in the process of the legal 

immigration system; and (4) acting as 

USCIS’s primary conduit for 

information sharing and collaboration 

with other governmental agencies. 

FDNS also oversees a strategy to 

promote a balanced operation that 

distinguishes USCIS’s administrative 

authority, responsibility, and 

jurisdiction from ICE’s criminal 

investigative authority. 

FDNS serves as the primary liaison 

between USCIS and the law 

enforcement and intelligence 

communities. This effort includes 

establishing and developing 

relationships and collaborating with law 

enforcement, intelligence, and federal, 

state, and local agencies to ensure 

criminals, terrorists, and other 

individuals who pose a threat to 

national security and/or public safety 

are not able to exploit the immigration 

system to gain access to, or remain in, 

the United States. In addition, FDNS 

works with Immigration Services 

Officers (ISOs) on cases of suspected 

fraud and where the security vetting 

process has indicated possible national 

security or public safety-related 

concerns. 

FDNS uses Fraud Detection and 

National Security Data System (FDNS– 

DS) to record, track, and manage the 

background check process related to 

immigration applications and petitions, 

as well as information related to 

beneficiary applications with suspected 

or confirmed fraud, criminal activity, 

public safety and/or national security 

concerns, and cases randomly selected 

for benefit fraud assessments. FDNS–DS 

maintains information on all 

individuals who have been reviewed for 

these concerns. In instances where no 

fraud, criminal activity, public safety 

and/or national security concerns were 

found, the information maintained will 

only be used to demonstrate that an 

assessment was conducted so additional 

resources do not have be used for a 

second review. 

FDNS may share FDNS records with 

law enforcement and intelligence 

agencies in response to Requests for 

Information (RFIs) to support criminal 

and administrative investigations and 

background checks involving immigrant 

benefit fraud, criminal activity, and 

public safety and/or national security 

concerns. For example, information may 

be shared with the Department of State 

(DoS), Bureau of Consular Affairs to 

provide a comprehensive picture of a 

visa applicant’s status, and to reduce the 

likelihood that an individual or group 

might fraudulently obtain an 

immigration benefit under the 

Immigration and Nationality Act (INA), 

as amended. Also, selected ICE 

representatives have access to certain 

FDNS records for purposes of criminal 

investigations. This system of records 

notice covers not only those records 

maintained in FDNS–DS, but also those 

maintained in other IT systems 

developed specifically for FDNS, such 

as a collaborative workspace, and paper 

files. The controls and rules associated 

with the data remain consistent across 

these different physical types of records. 

Separately, DHS is publishing a 

Privacy Impact Assessment (PIA) on the 

functions of FDNS, which can be found 

at www.dhs.gov/privacy. 

USCIS is republishing this SORN to 

provide public notice of the following: 

(1) The name of the system has been 

updated to FDNS Records to reflect that 

it covers not only records in FDNS–DS 

but also other information technology 

systems created specifically for FDNS 

and paper records; (2) location of the 

system has been updated to include not 

only FDNS–DS but the records 

maintained in collaborative workspaces 

and paper files; (3) categories of 

individuals has been updated to clarify 

that this system only covers those who 

are or have been the subject of an 

inquiry; (4) categories of records has 

been updated to clarify what 

information may be collected on 

Representatives and Preparers in the 

system when there are indicia of fraud 

or national security concerns connected 

with their appearance before USCIS; (5) 

authorities under which this system 

runs have been updated; (6) routine uses 

have been updated with minor changes 

to be consistent with other DHS systems 

of records; and (7) sources of records 

have been updated to include publicly 

available information on the Internet. 

Previously, DHS issued a final rule 

published on August 31, 2009 at 6 CFR 

part 5, appendix C, paragraph 32 

exempting this system from certain 

provisions of the Privacy Act pursuant 

to 5 U.S.C. 552a(k)(2). The updates to 

this SORN do not necessitate a 

republication of the exemptions. As 

noted in the final rule to the extent 

FDNS maintains a record received from 

a law enforcement system has been 

exempted in that source system under 5 

U.S.C. 552a(j)(2), DHS will claim the 

same exemptions. This updated system 


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will be included in DHS’s inventory of 

record systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which the federal government 

collects, maintains, uses, and 

disseminates individuals’ records. The 

Privacy Act applies to information that 

is maintained in a ‘‘system of records.’’ 

A ‘‘system of records’’ is a group of any 

records under the control of an agency 

for which information is retrieved by 

the name of an individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual. In the Privacy Act, an 

individual is defined to encompass U.S. 

citizens and lawful permanent residents 

(LPRs). As a matter of policy, DHS 

extends administrative Privacy Act 

protections to all individuals where 

systems of records maintain information 

on U.S. citizens, LPRs, 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 of their 

record, and to assist individuals to more 

easily find such files within the agency. 

Below is the description of the DHS/ 

USCIS–006 FDNS SORN. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this 

system of records to the Office of 

Management and Budget and to 

Congress. 

System of Records 

DHS/USCIS–006 

SYSTEM NAME: 

DHS/USCIS–006 Fraud Detection and 

National Security Records. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records are maintained in the IT 

system FDNS–DS, other information 

technology systems developed to 

support FDNS, and paper files at the 

USCIS Headquarters in Washington, DC 

and field offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: (1) Individuals who 

are the subjects of administrative and/or 

criminal investigations; (2) individuals 

who have submitted potentially 

fraudulent petitions and applications for 

immigration benefits; (3) individuals 

whose petitions or applications have 

been randomly selected for assessment 

of the effectiveness of fraud detection 

programs; (4) individuals of concern 

based on possible national security 

reasons, public safety concerns, or 

criminal activity; (5) preparers, 

representatives, and petitioning 

organizations that may have submitted 

applications or petitions on behalf of 

individuals noted in the above four 

categories; (6) individuals who are 

associated with an application but are 

not actually applying for a benefit; and 

(7) individuals associated with cases 

that were investigated but determined 

not to pose any concern. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: 

• Individual’s name; 

• Alias(es); 

• Social Security Number (SSN); 

• Alien Number (A–Number); 

• Associated A–Numbers of close 

relatives and associates; 

• Application Receipt Number; 

• Address (home and business); 

• Date of birth; 

• Place of birth; 

• Driver’s License number; 

• Country of citizenship; 

• Citizenship status; 

• Gender; 

• Telephone number(s); 

• Email address; 

• Place of employment and 

employment history; 

• Associated organizations (e.g., 

corporate information relating to 

employing entity if employment-based 

immigration benefits are being sought, 

and place of business or place of 

worship if such organization is 

sponsoring the applicant); 

• Family lineage; 

• Bank account information and/or 

financial transaction history; 

• Marriage record; 

• Civil or criminal history 

information; 

• Information on social media Web 

sites and other information publicly 

available on the Internet; 

• Education record; 

• Information from commercial data 

providers in order to verify information 

provided on the application; 

• Biometric identifiers (e.g., 

photographic facial image, fingerprints, 

signature, etc); 

• Investigation or background check 

information generated by DHS/CBP 

TECS National Crime Information 

Center, other government agencies, and 

other data and analysis generated as part 

of the adjudication process; 

• Other unique identifying numbers 

or characteristics such as passport 

number(s), visa number(s), account 

numbers, and other identifiers 

associated with travel; and 

• Representative and Preparer 

information maintained in the G–28, 

Notice of Entry of Appearance as an 

Attorney or Accredited Representative 

Æ Name 

Æ Address 

Æ Phone number 

Æ Fax number 

Æ Email address 

Æ Bar number 

Æ State of bar membership 

Æ Date of filing 

Æ Associated client case information 

Note: FDNS may gather additional data on 

Representatives or Preparers that are the 

subject or associated with a fraud, public 

safety, or national security concern based on 

applications submitted on behalf of 

individuals seeking an immigration benefit. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Immigration and Nationality Act 

of 1952, as amended (INA), 8 U.S.C. 

1101, et seq. provides the legal authority 

to collect information used for the 

adjudication of immigration benefits. In 

addition to other delegations, the 

Secretary of Homeland Security in 

Homeland Security Delegation No. 

0150.1 paragraphs (H), (I), (J), (M), and 

(S) has delegated the following 

authorities to USCIS: 

• Authority under section 103(a)(1) of 

the INA, 8 U.S.C. 1103(a)(1), to 

administer the immigration laws (as 

defined in section 101(a)(17) of the 

INA). 

• Authority to investigate alleged 

civil and criminal violations of the 

immigration laws, including but not 

limited to alleged fraud with respect to 

applications or determinations within 

the Bureau of Citizenship and 

Immigration Services (BCIS) 

[predecessor to USCIS] and make 

recommendations for prosecutions or 

other appropriate action when deemed 

advisable. 

• Authority to fingerprint and register 

aliens. 

• Authority to maintain files and 

records systems as necessary. 

• Authority to take and consider 

evidence. 

In addition, the joint USCIS–ICE antifraud strategy was recommended by the 

Conference Report, FY 2005 

Appropriations Act. The Appropriations 


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Act authorized USCIS to conduct law 

enforcement and background checks on 

every applicant, beneficiary, and 

petitioner prior to granting immigration 

benefits. 

PURPOSE(S): 

The purpose of this system is to 

support USCIS’ efforts to strengthen the 

integrity of the nation’s legal 

immigration system and to ensure that 

immigration benefits are not granted to 

individuals who may pose a threat to 

national security and/or public safety. 

In addition, FDNS is responsible for 

detecting, deterring, and combatting 

immigration benefit fraud. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 

contained in this system may be 

disclosed outside DHS as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

A. To the Department of Justice 

(including United States Attorney 

Offices) 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 of DHS in his/her 

official capacity; 

3. Any employee of DHS in his/her 

individual capacity where DOJ or DHS 

has agreed to represent the employee; or 

4. The United States or any agency 

thereof. 

B. To a congressional office from the 

record of an individual in response to a 

written inquiry from that congressional 

office made pursuant to a Privacy Act 

waiver from the individual to whom the 

record pertains. 

C. To the National Archives and 

Records Administration 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 

the security or confidentiality of 

information in the system of records has 

been compromised; 

2. DHS has determined that as a result 

of the suspected or confirmed 

compromise there is a risk of harm to 

economic or property interests, identity 

theft or fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by 

DHS or another agency or entity) or 

harm to the individuals who rely upon 

the compromised information; and 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DHS’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

F. To contractors and their agents, 

grantees, experts, consultants, and 

others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for DHS, 

when necessary to accomplish an 

agency function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. 

G. To 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 federal and foreign government 

intelligence or counterterrorism 

agencies when USCIS reasonably 

believes there to be a threat or potential 

threat to national or international 

security for which the information may 

be useful in countering the threat or 

potential threat, when DHS reasonably 

believes such use is to assist in antiterrorism efforts. 

I. To the Department of State in the 

processing of petitions or applications 

for benefits under the Immigration and 

Nationality Act, and all other 

immigration and nationality laws 

including treaties and reciprocal 

agreements. 

J. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 

information or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records in this system are stored 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records are stored on 

magnetic disc, tape, digital media, and 

CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by utilizing 

multiple data points that include an 

individual’s last name, A–Number, 

Application Receipt Number, Date of 

Birth, or other unique identifier. 

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. 

FDNS–DS maintains a real-time 

auditing function of individuals who 

access the system. 

RETENTION AND DISPOSAL: 

FDNS records have a retention period 

of 15 years from the date of the last 

interaction between FDNS personnel 

and the individual after which time the 

record will be deleted from FDNS. The 

15-year retention schedule provides 

FDNS with access to information that is 

critical to the investigation of suspected 

or confirmed fraud, criminal activity, 

egregious public safety, and/or national 

security concerns. Upon closure of a 

case, any information that is needed to 

make an adjudicative decision (such as 

a statement of findings report), whether 

there was or was not an indication of 

fraud, criminal activity, egregious 

public safety, and/or national security 

concerns, will be transferred to the A– 

File and maintained under the A–File 


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retention period of 100 years after the 

individual’s date of birth. 

SYSTEM MANAGER AND ADDRESS: 

Associate Director of FDNS, United 

States Citizenship and Immigration 

Services, 111 Massachusetts Avenue 

NW., Washington, DC 20529. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, amendment, and 

certain accounting procedures of the 

Privacy Act. These exemptions also 

apply to the extent that information in 

this system of records is recompiled or 

is created from information contained in 

other systems of records. As noted 

below, where a record received from a 

law enforcement system has been 

exempted in that source system under 5 

U.S.C. 552a(j)(2), DHS will claim the 

same exemptions for those records that 

are claimed for the original primary 

systems of records from which they 

originated and claims any additional 

exemptions in accordance with this 

rule. 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 National Records 

Center, FOIA/PA Office P.O. Box 

648010 Lee’s Summit, MO 64064–8010. 

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, Department of 

Homeland Security, 245 Murray Drive 

SW., Building 410, STOP–0655, 

Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR Part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Director, Disclosure and FOIA, 

http://www.dhs.gov or 1–866–431–0486. 

In addition you should provide: 

• Provide an explanation of why you 

believe the Department would have 

information on you; 

• Identify which component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

records would have been created; and 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records. 

If your request seeks 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 the above bulleted 

information DHS 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: 

Parties who file USCIS applications 

supply the basic information contained 

in this system. Other information comes 

from petitions, law enforcement and 

intelligence agencies, public 

institutions, interviews of witnesses, 

public records, sworn statements, 

official reports, commercial data 

aggregators, publicly available 

information on the Internet, and from 

members of the general public. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted this system from the 

following provisions of the Privacy Act 

pursuant to 5 U.S.C. 552a(k)(2): 5 U.S.C. 

552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I); and (f). Additionally, many of 

the functions in this system require 

retrieving records from law enforcement 

systems. Where a record received from 

another system has been exempted in 

that source system under 5 U.S.C. 

552a(j)(2), DHS will claim the same 

exemptions for those records that are 

claimed for the original primary systems 

of records from which they originated 

and claims any additional exemptions 

in accordance with this rule. 

Dated: July 31, 2012. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2012–19337 Filed 8–7–12; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2012–0047] 

Privacy Act of 1974; Department of 

Homeland Security U.S. Citizenship 

and Immigration Services (USCIS)— 

004—Systematic Alien Verification for 

Entitlements (SAVE) Program System 

of Records 

AGENCY: Privacy Office, Department of 

Homeland Security. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to update 

and reissue a current Department of 

Homeland Security system of records 

titled, ‘‘Department of Homeland 

Security/United States Citizenship and 

Immigration Services—004—Systematic 

Alien Verification for Entitlements 

Program System of Records.’’ The 

United States Citizenship and 

Immigration Services, Systematic Alien 

Verification for Entitlements (SAVE) 

program is a fee-based 

intergovernmental initiative designed to 

help federal, state, tribal, and local 

government agencies check immigration 

status for granting benefits, licenses, and 

other lawful purposes. The Department 

of Homeland Security is updating this 

Privacy Act System of Records for the 

SAVE program to provide notice that 

SAVE is: (1) Adding the collection of 

the foreign passport country of issuance 

(COI) from the agencies that issue the 

benefits and from the United States 

Visitor and Immigrant Status Indicator 

Technology (US–VISIT) Arrival and 

Departure Information System (ADIS) to 

the ‘‘Categories of Records;’’ (2) moving 

the list of sources of records from 

‘‘Category of Records’’ to ‘‘Record 

Source Categories,’’ removing two 

decommissioned systems and adding 

two new systems from ‘‘Record Source 

Categories;’’ (3) updating the system 

location information for the Verification 

Information System (VIS), the 

underlying technology supporting the 

SAVE program, from a contractorowned facility in Meriden, CT to a 

government-owned facility in Stennis, 

MS; (4) incorporating minor changes to 

the ‘‘Routine Uses’’ to improve clarity; 

and (5) adding COI to ‘‘Retrievability’’ 

as a way in which DHS may retrieve 

records in this system of records. This 

updated system is included in the 

Department of Homeland Security’s 

inventory of records systems. 


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