69864 Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices 

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: 

Case files on reservists are maintained 

in accordance with Item 29a, GRS 18, 

Security and Protective Services 

Records, and destroyed five years after 

termination from the National Defense 

Executive Reserve (NDER) program. 

Case files on individuals whose 

applications were rejected or withdrawn 

are destroyed when five years old in 

accordance with Item 29b, GRS 18. 

SYSTEM MANAGER AND ADDRESS: 

Associate Director, National 

Preparedness Directorate, Federal 

Emergency Management Agency, 

Washington, DC 20472, will maintain a 

computerized record of all applications 

and assignments of National Defense 

Executive Reserve reservists for the 

Federal Government as well as the 

personnel files for all individuals 

assigned to the Federal Emergency 

Management Agency. The departments 

and agencies will maintain their own 

personnel records on those individuals 

assigned to their respective department 

or agency. 

NOTIFICATION PROCEDURE: 

Individuals wishing to inquire 

whether this system of records contains 

information about themselves should 

submit their inquiries to: 

(a) NDER applicants/assignees to 

DHS/FEMA—Federal Emergency 

Management Agency, Associate 

Director, National Preparedness 

Directorate, Washington, DC 20472; or 

(b) FEMA FOIA Office whose contact 

information can be found at http://

www.dhs.gov/foia under ‘‘Contacts.’’ 

If a NDER applicant believes more 

than one component maintains Privacy 

Act records concerning him or her, the 

individual may submit the request to 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

Department of Homeland Security, 245 

Murray Drive SW., Building 410, STOP– 

0655, Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records, your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR Part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address, and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. § 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

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

0486. In addition, you should: 

• Explain 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; and 

• 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. 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 the above information, the 

component(s) may not be able to 

conduct an effective search and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Records are obtained from the 

individuals to whom the record 

pertains. Prior to being designated as an 

National Defense Executive Reserve 

reservist, the applicant must 

successfully complete a background 

investigation conducted by the Office of 

Personnel Management, which may 

include reference checks of prior 

employers, educational institutions 

attended, police records, 

neighborhoods, and present and past 

friends and acquaintances. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: November 6, 2013. 

Karen L. Neuman, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2013–27894 Filed 11–20–13; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2013–0069] 

Privacy Act of 1974; Department of 

Homeland Security U.S. Citizenship 

and Immigration Services, U.S. 

Immigration and Customs 

Enforcement, U.S. Customs and 

Border Protection—001 Alien File, 

Index, and National File Tracking 

System of Records 

AGENCY: Department of Homeland 

Security, Privacy Office. 

ACTION: Notice of update and reissuance 

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 

notice titled, ‘‘Department of Homeland 

Security U.S. Citizenship and 

Immigration Services, U.S. Immigration 

and Customs Enforcement, U.S. 

Customs and Border Protection—001 

Alien File, Index, and National File 

Tracking System of Records,’’ 76 FR 

34233 (June 13, 2011). This system of 

records contains information regarding 

transactions involving an individual as 

he/she passes through the U.S. 

immigration and inspection process, 

some of which may also be covered by 

separate systems of records notices. This 

system of records contains personally 

identifiable information such as the 

individual’s name, Alien Registration 

Number, receipt file number, date and 

place of birth, date and port of entry, as 

well as the location of each official 

Alien File. It may also contain other 

personal identifiers such as an 

individual’s Social Security Number. 

The Department of Homeland Security 

is updating the Department of 

Homeland Security U.S. Citizenship and 

Immigration Services, U.S. Immigration 

and Customs Enforcement, U.S. 

Customs and Border Protection—001 

Alien File, Index, and National File 

Tracking System of Records with the 

following substantive changes: (1) The 

addition of five routine uses and the 

modification of eight routine uses to 

allow the Department of Homeland 

Security to share information from this 

system; (2) Updated notification and 

access procedures; and (3) Language 

acknowledging the concurrent 

publication of a Final Rule exempting 

this system from certain provisions of 

the Privacy Act, including an exemption 

for records that are classified. This 

updated system will be included in the 


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Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices 69865 

Department of Homeland Security’s 

inventory of record systems. 

DATES: Submit comments on or before 

December 23, 2013. This updated 

system will be effective December 23, 

2013. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2013–0069 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: Jonathan R. Cantor, Deputy 

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, please visit http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions regarding this system 

of records please contact: Donald K. 

Hawkins (202) 272–8000, Privacy 

Officer, U.S. Citizenship and 

Immigration Services, 20 Massachusetts 

Avenue NW., Washington, DC 20529. 

For privacy questions please contact: 

Jonathan R. Cantor (202) 343–1717, 

Deputy Chief Privacy Officer, Privacy 

Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

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

Homeland Security (DHS) U.S. 

Citizenship and Immigration Services 

(USCIS), U.S. Immigration and Customs 

Enforcement (ICE), U.S. Customs and 

Border Protection (CBP) proposes to 

update and reissue a current DHS 

system of records titled, ‘‘DHS/USCIS– 

ICE–CBP–001 Alien File, Index, and 

National File Tracking System of 

Records.’’ 

DHS implements U.S. immigration 

law and policy through USCIS’s 

processing and adjudication of 

applications and petitions submitted for 

citizenship, asylum, and other 

immigration benefits. USCIS also 

supports national security by preventing 

individuals from fraudulently obtaining 

immigration benefits and by denying 

applications from individuals who pose 

national security or public safety 

threats. U.S. immigration policy and law 

is also implemented through ICE’s law 

enforcement activities and CBP’s 

inspection and border security 

processes. 

The Alien File (A-File), Index, and 

National File Tracking System of 

Records is the official record system that 

contains information regarding the 

transactions of an individual as he/she 

passes through the U.S. immigration 

and inspection process. The DHS/

USCIS–ICE–CBP–001 Alien File, Index, 

and National File Tracking System of 

Records contains personally identifiable 

information (PII) such as the 

individual’s name, Alien Registration 

Number, receipt file number, date and 

place of birth, date and port of entry, as 

well as the location of each official AFile. It may also contain other personal 

identifiers such as an individual’s 

Social Security Number (SSN), if the 

individual has one and it is in the AFile. Some records contained in the 

DHS/USCIS–ICE–CBP–001 A-Files are 

derived from separate systems of record, 

in which case the system of records 

notice (SORN) pertaining to the 

originating system would govern the 

treatment of those records. Previously, 

the legacy agency Immigration and 

Naturalization Services (INS) collected 

and maintained information concerning 

all of these immigration and inspection 

interactions. Since the formation of 

DHS, however, immigration 

responsibilities have been divided 

among USCIS, ICE, and CBP. While 

USCIS is the custodian of the A-File, all 

three components create, contribute 

information to, and use A-Files, hence 

this joint System of Records Notice. 

A notice detailing this system of 

records was last published in the 

Federal Register on June 13, 2011, as 

the DHS/USCIS–ICE–CBP–001 Alien 

File, Index, and National File Tracking 

System of Records, 76 FR 34233. 

DHS is updating the DHS/USCIS– 

ICE–CBP–001 Alien File, Index, and 

National File Tracking System of 

Records to include the following 

substantive changes: (1) The addition of 

three routine uses and the modification 

of eight routine uses to clarify DHS’s 

sharing of information from this system; 

(2) Updated notification and access 

procedures; and (3) Language 

acknowledging the concurrent 

publication of a Final Rule exempting 

this system from certain provisions of 

the Privacy Act, including an exemption 

for records that are classified. 

DHS added five routine uses with the 

letter in parentheses corresponding to 

the new routine use: 

(H) Allows DHS to share information 

with other federal, state, tribal, local or 

government agencies when these other 

agencies are investigating or prosecuting 

violations of statute rules, regulations, 

orders, and/or licenses. 

(I) Allows DHS to share information 

with third parties during the course of 

a law enforcement investigation in order 

to obtain pertinent information. 

(J) Allows DHS to share information 

with organizations or persons when 

there is reason to believe that the 

recipient is or could be the target of a 

particular terrorist activity. 

(LL) Allows DHS to share information 

with family members when, under 8 

CFR § 103.8, DHS or an Executive Office 

for Immigration Review immigration 

judge makes a decision that an alien is 

mentally incompetent. 

(OO) Allows DHS to share 

information with domestic government 

agencies when those agencies are 

seeking to determine the immigration 

status of individuals who have applied 

to purchase or obtain a firearm in the 

United States. 

Below is a summary of the eight 

routine use modifications with the letter 

in parentheses corresponding to the 

routine use updated: 

(A) Updated to clarify that records 

will be provided to ‘‘the United States 

or any agency thereof,’’ without any 

further modifiers to the section. 

(C) Updated to note that records will 

be provided specifically to General 

Services Administration rather than 

other federal government agencies. 

(D) Updated to clarify language that 

records will not be given to individuals, 

but to agencies or organizations 

performing the audit. 

(E) Updated to clarify language 

regarding a suspected or confirmed 

compromise of personally identifiable 

information in the system. 

(F) Updated to clarify language that 

the contractors are subject to the 

requirements laid out in this system of 

records notice and the Privacy Act. 

(K) Updated to clarify the language to 

reflect the practice associated with 

naturalization process. 

(L) Updated to clarify that records 

will be provided to ‘‘the United States 

or any agency thereof,’’ without any 

further modifiers to the section. 

(M) Update language to refer to 

correct Code of Federal Regulations 

citation for the definition of an attorney 

or representative, and clarified that it is 

at the Department’s discretion to use 

this routine use, as with any routine use 

published in this system of records. 

Consistent with DHS’s information 

sharing mission, information stored in 

the DHS/USCIS–ICE–CBP–001 may be 

shared with other DHS components that 

have a need to know the information to 

carry out their national security, law 


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enforcement, immigration, intelligence, 

or other homeland security functions. In 

addition, DHS may share with 

appropriate federal, state, local, tribal, 

territorial, foreign, or international 

government agencies after DHS 

determines that the receiving 

component or agency has a need to 

know the information to carry out 

national security, law enforcement, 

immigration, intelligence, or other 

functions consistent with the routine 

uses set forth in the A-File SORN, or 

other applicable exemptions under the 

Privacy Act. 

Additionally, DHS is issuing a Final 

Rule elsewhere in the Federal Register, 

to exempt this system of records from 

certain provisions of the Privacy Act. 

This updated system will be included in 

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 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. As a matter of policy (Privacy 

Policy Guidance Memorandum 2007– 

01, most recently updated January 7, 

2009), DHS extends administrative 

Privacy Act protections to all 

individuals, regardless of citizenship, 

when systems of records maintain 

information on U.S. citizens, lawful 

permanent residents, and visitors. 

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 which 

their records are put, and to assist 

individuals with more easily finding 

such files within the agency. Below is 

the description of the DHS/USCIS–ICE– 

CBP–001 Alien File, Index, and 

National File Tracking System of 

Records. 

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

DHS has provided a report of this 

system of records to the Office of 

Management and Budget and to 

Congress. 

SYSTEM OF RECORDS 

DHS/USCIS–ICE–CBP–001 

SYSTEM NAME: 

Department of Homeland Security 

U.S. Citizenship and Immigration 

Services, U.S. Immigration and Customs 

Enforcement, U.S. Customs and Border 

Protection—001 Alien File, Index, and 

National File Tracking System of 

Records. 

SECURITY CLASSIFICATION: 

Unclassified, sensitive, for official use 

only, and classified. 

SYSTEM LOCATION: 

Alien Files (A-Files) are maintained 

in electronic and paper format 

throughout DHS. Digitized A-Files are 

located in the Enterprise Document 

Management System (EDMS). The 

Central Index System (CIS) maintains an 

index of the key personally identifiable 

information (PII) in the A-File, which 

can be used to retrieve additional 

information through such applications 

as Enterprise Citizenship and 

Immigrations Services Centralized 

Operational Repository (eCISCOR), the 

Person Centric Query Service (PCQS) 

and the Microfilm Digitization 

Application System (MiDAS). The 

National File Tracking System (NFTS) 

provides a tracking system of where the 

A-Files are physically located, including 

whether the file has been digitized. 

The databases maintaining the above 

information are located within the DHS 

data center in the Washington, DC 

metropolitan area as well as throughout 

the country. Computer terminals 

providing electronic access are located 

at U.S. Citizenship and Immigration 

Services (USCIS) sites at Headquarters 

and in the Field throughout the United 

States and at appropriate facilities under 

the jurisdiction of the U.S. Department 

of Homeland Security (DHS) and other 

locations at which officers of DHS 

component agencies may be posted or 

operate to facilitate DHS’s mission of 

homeland security. Hard copies of the 

A-Files are primarily located at the 

records centers in Lee Summit, 

Missouri; Suitland, Maryland; San 

Bruno, California; Seattle, Washington; 

and Dayton, Ohio. Hard copies may also 

be located at Headquarters, Regional, 

District, and other USCIS file control 

offices in the United States and foreign 

countries as detailed on the agency’s 

Web site, http://www.USCIS.gov. Hard 

copies may also be located at the offices 

and facilities of U.S. Immigration and 

Customs Enforcement (ICE) and U.S. 

Customs and Border Protection (CBP). 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

• Lawful permanent residents; 

• Naturalized U.S. citizens; 

• U.S. citizens when petitioning for 

benefits under the Immigration and 

Nationality Act (INA) on behalf of 

another individual; 

• Individuals who receive or petition 

for benefits under the INA, and; 

• Individuals who are subject to the 

enforcement provisions of the INA; 

• Individuals who are subject to the 

INA and: 

Æ Are under investigation by DHS for 

possible national security threats or 

threats to the public safety, 

Æ were investigated by DHS in the 

past, 

Æ are suspected of violating 

immigration-related criminal or civil 

provisions of treaties, statutes, 

regulations, Executive Orders, and 

Presidential proclamations administered 

by DHS, or 

Æ are witnesses and informants 

having knowledge of such violations; 

• Relatives and associates of any of 

the individuals listed above who are 

subject to the INA; 

• Individuals who have renounced 

their U.S. Citizenship; or 

• Preparers, attorneys, and 

representatives who assist individuals 

during benefit and enforcement 

proceedings under the INA. 

Note: Individuals may fall within one 

or more of these categories. 

CATEGORIES OF RECORDS IN THIS SYSTEM

INCLUDE: 

A. The hardcopy paper A-File, which 

contains the official record material 

about each individual for whom DHS 

has created a record under the INA such 

as: naturalization certificates; various 

documents and attachments (e.g., birth 

and marriage certificates); applications 

and petitions for benefits under the 

immigration and nationality laws; 

reports of arrests and investigations; 

statements; other reports; records of 

proceedings before or filings made with 

the U.S. immigration courts and any 

administrative or federal district court 

or court of appeal; correspondence; and 

memoranda. Specific data elements may 

include: 

• Alien Registration Number(s) (ANumbers); 

• Receipt file number(s); 

• Full name and any aliases used; 

• Physical and mailing addresses; 

• Phone numbers and email 

addresses; 

• Social Security Number (SSN); 


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• Date of birth; 

• Place of birth (city, state, and 

country); 

• Countries of citizenship; 

• Gender; 

• Physical characteristics (height, 

weight, race, eye and hair color, 

photographs, fingerprints); 

• Government-issued identification 

information (i.e., passport, driver’s 

license): 

Æ Document type, 

Æ issuing organization, 

Æ document number, and 

Æ expiration date; 

• Military membership; 

• Arrival/Departure information 

(record number, expiration date, class of 

admission, etc.); 

• Federal Bureau of Investigation 

(FBI) Identification Number; 

• Fingerprint Identification Number; 

• Immigration enforcement history, 

including arrests and charges, 

immigration proceedings and appeals, 

and dispositions including removals or 

voluntary departures; 

• Immigration status; 

• Family history; 

• Travel history; 

• Education history; 

• Employment history; 

• Criminal history; 

• Professional accreditation 

information; 

• Medical information relevant to an 

individual’s application for benefits 

under the INA before DHS or the 

immigration court, an individual’s 

removability from and/or admissibility 

to the United States, or an individual’s 

competency before the immigration 

court; 

• Specific benefit eligibility 

information as required by the benefit 

being sought; and 

• Video or transcript of immigration 

interview. 

B. EDMS maintains the electronic 

copy of the A-File (same information as 

above with the exception of material 

that cannot be scanned such as cassette 

tapes, CDs, or DVDs) if it was scanned 

from the paper file. 

C. CIS contains information on those 

individuals who during their 

interactions with DHS have been 

assigned an A-Number. The system 

contains biographic information on 

those individuals, allowing DHS 

employees to quickly review the 

individual’s immigration status. The 

information in the system can then be 

used to retrieve additional information 

on the individual from other systems. 

The information in the system can be 

used to request the hard copy A-File 

from the DHS File Control Office that 

has custody of the file. Specific data 

elements may include: 

• A-Number(s); 

• Full name and any aliases used; 

• SSN; 

• Date of birth; 

• Place of birth (city, state, and 

country); 

• Country of citizenship; 

• Gender; 

• Government issued identification 

information (i.e., passport, driver’s 

license): 

Æ Document type, 

Æ issuing organization, 

Æ document number, and 

Æ expiration date; 

• Arrival/Departure information 

(record number, expiration date, class of 

admission etc.); 

• Immigration status; 

• Father and Mother’s first name; 

• FBI Identification Number; 

• Fingerprint Identification Number; 

• Immigration enforcement history, 

including arrests and charges, 

immigration proceedings and appeals, 

and dispositions including removals or 

voluntary departures; and 

• File Control Office location of the 

paper or electronic A-File. 

D. NFTS contains the location of the 

A-File to a more detailed level within 

the DHS File Control Office. Specific 

data elements include: 

• A-Number(s); 

• Receipt File Number; and 

• Location of the paper or electronic 

A-File and Receipt File at and within 

the DHS File Control Office, as well as 

the history of who has maintained the 

A-File, including the component, 

section, and employee. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Authority for maintaining this system 

is in Sections 103 and 290 of the INA, 

as amended (8 U.S.C. 1103 and 1360), 

and the regulations issued pursuant 

thereto; and Section 451 of the 

Homeland Security Act of 2002 (Pub. L. 

107–296), codified at 6 U.S.C. 271. 

PURPOSE(S): 

The purpose of the A-File is to 

facilitate the enforcement and provision 

of benefits under the INA and related 

statutes. A-Files, EDMS, CIS, and NFTS 

are used primarily by DHS employees 

for immigration benefits processing, 

protection of national security, and 

administering and enforcing 

immigration and nationality laws and 

related statutes. 

The purpose of the A-File is to 

document an individual’s benefits and 

enforcement transactions as he/she 

passes through the U.S. immigration 

and inspection process. 

The purpose of CIS is to provide a 

searchable central index of A-Files and 

to support the location and transfer of 

A-Files among DHS personnel and 

offices as needed in support of 

immigration benefits and enforcement 

actions. 

The purpose of NFTS is to accurately 

account for the specific physical 

location of A-Files and Receipt Files 

within a DHS File Control Office, and to 

track the request and transfer of all AFiles and Receipt Files. 

These records assist DHS with 

processing applications for benefits 

under applicable immigration laws; 

detecting violations of these laws; 

supporting the referral of such 

violations for prosecution or other 

appropriate enforcement action; 

supporting law enforcement efforts and 

the inspection process; and supporting 

protection of the United States borders. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Note: Even when a valid routine use 

permits disclosure of information from 

this system of records to a third party, 

in some cases such disclosure may not 

be permissible because of 

confidentiality laws and policies that 

limit the sharing of information about 

the application for, or award of certain 

immigration benefits. For example, 

information in this system of records 

contained in or pertaining to 

applications for asylum or refugee 

protection, information relating to 

persons who have pending or approved 

petitions for protection under the 

Violence Against Women Act (VAWA), 

Seasonal Agricultural Worker or 

Legalization claims, the Temporary 

Protected Status of an individual, and 

information relating to S, T, or U visas 

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. 

However, these confidentiality 

provisions do not prevent DHS from 

disclosing information to the U.S. 

Department of Justice 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 Department of Justice (DOJ), 

including U. S. Attorneys’ Offices, or 

other federal agency conducting 

litigation or in proceedings before any 

court, adjudicative or administrative 


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body, when it is necessary or relevant 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 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 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 identity 

theft or fraud, harm to economic or 

property interests, 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 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 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, territorial, 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. 

H. To appropriate federal, state, tribal, 

local, or foreign governmental agencies 

or multilateral governmental 

organizations responsible for 

investigating or prosecuting the 

violations of, or for enforcing or 

implementing, a statute, rule, 

regulation, order, or license, when DHS 

believes the information would assist in 

enforcing applicable civil or criminal 

laws. 

I. To third parties during the course 

of a law enforcement investigation to 

the extent necessary to obtain 

information pertinent to the 

investigation. 

J. To an organization or person in 

either the public or private sector, either 

foreign or domestic, when there is a 

reason to believe that the recipient is or 

could become the target of a particular 

terrorist activity or conspiracy, or when 

the information is relevant to the 

protection of life, property, or other vital 

interests of a person. 

K. To clerks and judges of courts 

exercising naturalization jurisdiction for 

the purpose of granting or revoking 

naturalization. 

L. To courts, magistrates, 

administrative tribunals, opposing 

counsel, parties, and witnesses, in the 

course of immigration, civil, or criminal 

proceedings before a court or 

adjudicative body when it is necessary 

or relevant to the litigation or 

proceeding and the following is a party 

to the proceeding or has an interest in 

the proceeding: 

1. DHS or any component thereof; or 

2. Any employee of DHS in his or her 

official capacity; or 

3. Any employee of DHS in his or her 

individual capacity when the DOJ or 

DHS has agreed to represent the 

employee; or 

4. The United States or any agency 

thereof. 

M. To an attorney or representative 

(as defined in 8 CFR 1.2) who is acting 

on behalf of an individual covered by 

this system of records in connection 

with any proceeding before USCIS, ICE, 

or CBP or the Executive Office for 

Immigration Review, as required by law 

or as deemed necessary in the discretion 

of the Department. 

N. To DOJ (including Offices of the 

United States Attorneys) or other federal 

agency conducting litigation or in 

proceedings before any court, 

adjudicative, or administrative body, 

when necessary to assist in the 

development of such agency’s legal and/ 

or policy position. 

O. To the Department of State in the 

processing of petitions or applications 

for benefits under the INA, and all other 

immigration and nationality laws 

including treaties and reciprocal 

agreements; or when the Department of 

State 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. 

P. To appropriate federal, state, local, 

tribal, territorial, or foreign 

governments, as well as to other 

individuals and organizations during 

the course of an investigation by DHS or 

the processing of a matter under DHS’s 

jurisdiction, or during a proceeding 

within the purview of the immigration 

and nationality laws, when DHS deems 

that such disclosure is necessary to 

carry out its functions and statutory 

mandates. 

Q. To an appropriate federal, state, 

tribal, territorial, local, or foreign 

government agency or organization, or 

international organization, lawfully 

engaged in collecting law enforcement 

intelligence, whether civil or criminal, 

or charged with investigating, 

prosecuting, enforcing, or implementing 

civil or criminal laws, related rules, 

regulations, or orders, to enable these 

entities to carry out their law 

enforcement responsibilities, including 

the collection of law enforcement 

intelligence and the disclosure is 

appropriate to the proper performance 

of the official duties of the person 

receiving the information. 

R. To an appropriate federal, state, 

local, tribal, territorial, foreign, or 

international agency, if the information 

is relevant to a requesting agency’s 

decision concerning the hiring or 

retention of an individual, or issuance 

of a security clearance, license, contract, 

grant, or other benefit, or if the 

information is relevant to a DHS 

decision concerning the hiring or 

retention of an employee, the issuance 

of a security clearance, the reporting of 

an investigation of an employee, the 

letting of a contract, or the issuance of 

a license, grant, or other benefit. 

S. To an appropriate federal, state, 

local, tribal, territorial, foreign, or 

international agency, if DHS determines: 

(1) The information is relevant and 

necessary to that agency’s decision 

concerning the hiring or retention of an 

individual, or issuance of a security 


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clearance, license, contract, grant, or 

other benefit; and (2) Failure to disclose 

the information is likely to create a 

substantial risk to government facilities, 

equipment, or personnel; sensitive 

information; critical infrastructure; or 

public safety. 

T. To appropriate federal, state, local, 

tribal, or foreign governmental agencies 

or multilateral governmental 

organizations for the purpose of 

protecting the vital interests of a data 

subject or other persons, including to 

assist such agencies or organizations in 

preventing exposure to, or transmission 

of a communicable or quarantinable 

disease or to combat other significant 

public health threats; appropriate notice 

will be provided of any identified health 

threat or risk. 

U. To an individual’s current 

employer to the extent necessary to 

determine employment eligibility or to 

a prospective employer or government 

agency to verify whether an individual 

is eligible for a government-issued 

credential that is a condition of 

employment. 

V. 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. 

W. To the Office of Management and 

Budget in connection with the review of 

private relief legislation as set forth in 

OMB Circular No. A–19 at any stage of 

the legislative coordination and 

clearance process as set forth in the 

Circular. 

X. To the U.S. Senate Committee on 

the Judiciary or the U.S. House of 

Representatives Committee on the 

Judiciary when necessary to inform 

members of Congress about an alien 

who is being considered for private 

immigration relief. 

Y. To a federal, state, tribal, or local 

government agency and/or to domestic 

courts to assist such agencies in 

collecting the repayment of loans, or 

fraudulently or erroneously secured 

benefits, grants, or other debts owed to 

them or to the United States 

Government, or to obtain information 

that may assist DHS in collecting debts 

owed to the United States Government. 

Z. To an individual or entity seeking 

to post or arrange, or who has already 

posted or arranged, an immigration 

bond for an alien, to aid the individual 

or entity in (1) identifying the location 

of the alien; (2) posting the bond; (3) 

obtaining payments related to the bond; 

or (4) conducting other administrative 

or financial management activities 

related to the bond. 

AA. To a coroner for purposes of 

affirmatively identifying a deceased 

individual (whether or not such 

individual is deceased as a result of a 

crime). 

BB. Consistent with the requirements 

of the INA, to the Department of Health 

and Human Services (HHS), the Centers 

for Disease Control and Prevention 

(CDC), or to any state or local health 

authorities, to: 

1. Provide proper medical oversight of 

DHS-designated civil surgeons who 

perform medical examinations of both 

arriving aliens and of those requesting 

status as lawful permanent residents; 

and 

2. Ensure that all health issues 

potentially affecting public health and 

safety in the United States are being or 

have been, adequately addressed. 

CC. To a federal, state, local, tribal, or 

territorial government agency seeking to 

verify or ascertain the citizenship or 

immigration status of any individual 

within the jurisdiction of the agency for 

any purpose authorized by law. 

DD. To the Social Security 

Administration (SSA) for the purpose of 

issuing a SSN and card to an alien who 

has made a request for a SSN as part of 

the immigration process and in 

accordance with any related agreements 

in effect between the SSA, DHS, and the 

Department of State entered into 

pursuant to 20 CFR 422.103(b)(3), 

422.103(c)(3), and 422.106(a), or other 

relevant laws and regulations. 

EE. To federal and foreign government 

intelligence or counterterrorism 

agencies or components when DHS 

becomes aware of an indication of a 

threat or potential threat to national or 

international security, or when such use 

is to conduct national intelligence and 

security investigations or assist in antiterrorism efforts. 

FF. To third parties to facilitate 

placement or release of an individual 

(e.g., at a group home, homeless shelter) 

who has been or is about to be released 

from DHS custody, but only such 

information that is relevant and 

necessary to arrange housing or 

continuing medical care for the 

individual. 

GG. 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 

individual’s need to remain on certain 

medication for a serious mental health 

condition). 

HH. 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. 

II. To a federal, state, local, territorial, 

tribal, international, or foreign criminal, 

civil, or regulatory law enforcement 

authority when the information is 

necessary for collaboration, 

coordination, and de-confliction of 

investigative matters, prosecutions, and/ 

or other law enforcement actions to 

avoid duplicative or disruptive efforts 

and to ensure the safety of law 

enforcement officers who may be 

working on related law enforcement 

matters. 

JJ. To the DOJ Federal Bureau of 

Prisons and other federal, state, local, 

territorial, tribal, and foreign law 

enforcement or custodial agencies for 

the purpose of placing an immigration 

detainer on an individual in that 

agency’s custody, or to facilitate the 

transfer of custody of an individual from 

DHS to the other agency. This will 

include the transfer of information 

about unaccompanied minor children to 

HHS to facilitate the custodial transfer 

of such children from DHS to HHS. 

KK. To federal, state, local, tribal, 

territorial, or foreign governmental or 

quasi-governmental agencies or courts 

to confirm the location, custodial status, 

removal, or voluntary departure of an 

alien from the United States, in order to 

facilitate the recipients’ exercise of 

responsibilities pertaining to the 

custody, care, or legal rights (including 

issuance of a U.S. passport) of the 

removed individual’s minor children, or 

the adjudication or collection of child 

support payments or other debts owed 

by the removed individual. 

LL. To a federal, state, tribal, 

territorial, local, international, or foreign 

government agency or multilateral 

governmental organization for the 

purpose of consulting with that agency 

or entity: (1) To assist in making a 

determination regarding redress for an 

individual in connection with the 

operations of a DHS component or 

program; (2) for the purpose of verifying 


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69870 Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices 

the identity of an individual seeking 

redress in connection with the 

operations of a DHS component or 

program; or (3) for the purpose of 

verifying the accuracy of information 

submitted by an individual who has 

requested such redress on behalf of 

another individual. 

MM. To family members, guardians, 

committees, friends, or other agents 

identified by law or regulation to 

receive notification, decisions, and 

other papers as provided in 8 CFR 103.8 

from the Department of Homeland 

Security or Executive Office for 

Immigration Review following 

verification of a familial or agency 

relationship with an alien when DHS is 

aware of indicia of incompetency or 

when an immigration judge determines 

an alien is mentally incompetent. 

NN. 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. 

OO. To domestic governmental 

agencies seeking to determine the 

immigration status of persons who have 

applied to purchase/obtain a firearm in 

the United States, pursuant to checks 

conducted on such persons under the 

Brady Handgun Violence Prevention 

Act or other applicable laws. 

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 may be stored 

on magnetic disc, tape, digital media, 

and CD–ROM. 

RETRIEVABILITY: 

Digitized A-Files maintained in EDMS 

can be searched and retrieved by any of 

the following fields alone or in any 

combination: 

• A-Number; 

• Last name; 

• First name; 

• Middle name; 

• Aliases; 

• Date of birth; 

• Country of birth; 

• Gender; and 

• Through a full text-based search of 

records contained in the digitized A-File 

(based on optical character recognition 

of the scanned images). 

The location of the paper record from 

which the digitized A-File was 

produced can be searched in CIS using 

the following data: 

• A-Number; 

• Full name; 

• Alias; 

• Sounds-like name with or without 

date of birth; 

• Certificate of Citizenship or 

Naturalization Certificate number; 

• Driver’s License Number; 

• FBI Identification Number; 

• Fingerprint Identification Number; 

• I–94 admission number; 

• Passport number; 

• SSN; or 

• Travel document number. 

The location of the paper or digitized 

record A-Files and Receipt Files can be 

searched in NFTS using the following 

data: 

• A-Number; or 

• Receipt File Number. 

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: 

The A-File records are permanent 

whether hard copy or electronic. A-Files 

are transferred to the custody of the 

National Archives 100 years after the 

individual’s date of birth. Newlyeligible files are transferred to the 

National Archives every five years. 

When a paper A-File is digitized, the 

digitized A-File maintained in EDMS 

becomes the official record and 

maintains the same retention schedule 

as the original paper A-File. The hard 

copy files are sent to the records center 

once the records have been digitized. 

CIS records are permanently retained 

on-site because they are the index of 

where the physical A-File is and 

whether it has been transferred to the 

National Archives. 

NFTS records are temporary and 

deleted when they are no longer needed 

for agency business. The records exist 

only as a reference to a physical or 

digital file, and exist for as long as the 

referenced file exists. NFTS records 

associated with an A-File will be 

retained on a permanent basis even after 

the A-File has been retired to NARA to 

retain accurate recordkeeping. Receipt 

Files with a shorter retention period 

will have the associated NFTS record 

destroyed or deleted once the file has 

been destroyed. 

SYSTEM MANAGER AND ADDRESS: 

The DHS system manager is the Chief, 

Records Division, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 20 Massachusetts 

Avenue NW., Washington, DC 20529. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

contains classified and sensitive 

unclassified information related to 

intelligence, counterterrorism, 

homeland security, and law 

enforcement programs. These 

exemptions apply only to the extent that 

records in the system are subject to 

exemption. However, USCIS will 

consider individual requests to 

determine whether or not information 

may be released. 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 USCIS 

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 

DHS system of records your request 

must conform with the Privacy Act 

regulations set forth in 6 CFR Part 5. 

You must first verify your identity, 

meaning that you must provide your full 

name, current address, and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. § 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

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

0486. In addition, you should: 

• Explain why you believe DHS 

would have information on you; 


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• Identify which component(s) of 

DHS 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 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 the above 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: 

Basic information contained in DHS 

records is supplied by individuals on 

Department of State and DHS 

applications and forms. Other 

information comes from inquiries or 

complaints from members of the general 

public and members of Congress; 

referrals of inquiries or complaints 

directed to the President or Secretary of 

Homeland Security; reports of 

investigations, sworn statements, 

correspondence, official reports, 

memoranda, and written referrals from 

other entities, including federal, state, 

and local governments, various courts 

and regulatory agencies, foreign 

government agencies, and international 

organizations. 

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(j)(2): 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), 

(e)(12), (f), (g)(1), and (h). Additionally, 

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)(1) and 

(k)(2); 5 U.S.C. 552a(c)(3), (d), (e)(1), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). 

Dated: October 28, 2013. 

Jonathan R. Cantor, 

Deputy Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2013–27895 Filed 11–20–13; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[OMB Control Number 1615–0117] 

Agency Information Collection 

Activities: myE-Verify, Revision of a 

Currently Approved Collection 

ACTION: 60-Day Notice. 

SUMMARY: The Department of Homeland 

Security (DHS), U.S. Citizenship and 

Immigration Services (USCIS) invites 

the general public and other Federal 

agencies to comment upon this 

proposed revision of a currently 

approved collection of information. In 

accordance with the Paperwork 

Reduction Act (PRA) of 1995, the 

information collection notice is 

published in the Federal Register to 

obtain comments regarding the nature of 

the information collection, the 

categories of respondents, the estimated 

burden (i.e., the time, effort, and 

resources used by the respondents to 

respond), the estimated cost to the 

respondent, and the actual information 

collection instruments. 

DATES: Comments are encouraged and 

will be accepted for 60 days until 

January 21, 2014. 

ADDRESSES: All submissions received 

must include the OMB Control Number 

1615–0117 in the subject box, the 

agency name and Docket ID USCIS– 

2010–0014. To avoid duplicate 

submissions, please use only one of the 

following methods to submit comments: 

(1) Online. Submit comments via the 

Federal eRulemaking Portal Web site at 

www.regulations.gov under e-Docket ID 

number USCIS–2010–0014; 

(2) Email. Submit comments to 

USCISFRComment@uscis.dhs.gov; 

(3) Mail. Submit written comments to 

DHS, USCIS, Office of Policy and 

Strategy, Chief, Regulatory Coordination 

Division, 20 Massachusetts Avenue 

NW., Washington, DC 20529–2140. 

SUPPLEMENTARY INFORMATION: 

Comments 

Regardless of the method used for 

submitting comments or material, all 

submissions will be posted, without 

change, to the Federal eRulemaking 

Portal at http://www.regulations.gov, 

and will include any personal 

information you provide. Therefore, 

submitting this information makes it 

public. You may wish to consider 

limiting the amount of personal 

information that you provide in any 

voluntary submission you make to DHS. 

DHS may withhold information 

provided in comments from public 

viewing that it determines may impact 

the privacy of an individual or is 

offensive. For additional information, 

please read the Privacy Act notice that 

is available via the link in the footer of 

http://www.regulations.gov. 

Note: The address listed in this notice 

should only be used to submit comments 

concerning this information collection. 

Please do not submit requests for individual 

case status inquiries to this address. If you 

are seeking information about the status of 

your individual case, please check ‘‘My Case 

Status’’ online at: https://egov.uscis.gov/cris/ 

Dashboard.do, or call the USCIS National 

Customer Service Center at 1–800–375–5283. 

Written comments and suggestions 

from the public and affected agencies 

should address one or more of the 

following four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Revision of a Currently Approved 

Collection. 

(2) Title of the Form/Collection: myEVerify (previously, E-Verify Self Check 

Program). 

(3) Agency form number, if any, and 

the applicable component of the DHS 

sponsoring the collection: USCIS (No 

form number). 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals or 

households. myE-Verify will allow 

workers in the United States to enter 

data into the E-Verify system to ensure 

that the information relating to their 

eligibility to work is correct and 

accurate. The additional features of 

myE-Verify will allow employees to 

proactively engage with E-Verify 


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