Federal Register, Volume 76 Issue 220 (Tuesday, November 15, 2011)

[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Pages 70730-70735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29449]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0084]

Privacy Act of 1974; Department of Homeland Security/U.S.
Citizenship and Immigration Services--014 Electronic Immigration
System-1 Temporary Accounts and Draft Benefit Requests System of
Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a Department of
Homeland Security system of records titled, ``Department of Homeland
Security/U.S. Citizenship and Immigration Services--014 Electronic
Immigration System-1 Temporary Accounts and Draft Benefit

[[Page 70731]]

Requests System of Records.'' This system of records allows the
Department of Homeland Security/U.S. Citizenship and Immigration
Services to collect and maintain records on an individual as he or she
creates a temporary electronic account and/or drafts a benefit request
for submission through the U.S. Citizenship and Immigration Services
Electronic Immigration System. This system of records notice is being
updated to reflect the incorporation of new forms, new categories of
records, and clarified data retention to better inform the public. This
updated system will be included in the Department of Homeland
Security's inventory of record systems.

DATES: Submit comments on or before December 15, 2011. This system will
be effective December 15, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0084 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (703) 483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Donald K. Hawkins (202) 272-8000, Privacy Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts Avenue NW., Washington, DC
20529. For privacy issues please contact: Mary Ellen Callahan (703)
235-0780, Chief Privacy Officer, Privacy Office, Department of Homeland
Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

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 titled, ``DHS/USCIS-014 Electronic Immigration System-1
Temporary Accounts and Draft Benefit Requests System of Records.'' This
system of records notice is being updated to reflect the incorporation
of new forms, new categories of records, and clarified data retention
to better inform the public. DHS received one public comment which did
not address this system of records notice. DHS will not make any
changes in response to the public comment.
DHS/USCIS is creating a new electronic environment known as the
Electronic Immigration System (USCIS ELIS). USCIS ELIS allows
individuals requesting a USCIS benefit to register online and submit
certain benefit requests through the online system. This system will
improve customer service; increase efficiency for processing benefits;
better identify potential national security concerns, criminality, and
fraud; and create improved access controls and better auditing
capabilities.
DHS and USCIS promulgated the regulation ``Immigration Benefits
Business Transformation, Increment I'' (August 29, 2011, 76 FR 53764)
to allow USCIS to transition to an electronic environment. This
regulation assists USCIS in the transformation of its operations by
removing references and processes that inhibit the use of electronic
systems or constrain USCIS's ability to respond to new requirements.
Applicants and petitioners (Applicants); co-applicants,
beneficiaries, derivatives, dependents, or other persons on whose
behalf a benefit request is made or whose immigration status may be
derived because of a relationship to an Applicant (Co-Applicants); and
their attorneys and representatives accredited by the Board of
Immigration Appeals (Representatives) may create individualized online
accounts. These online accounts help Applicants and their
Representatives file for benefits, track the status of open benefit
requests, schedule appointments, change their addresses and contact
information, and receive notices and notifications regarding their
cases. Through USCIS ELIS, individuals may submit evidence
electronically. Once an individual provides biographic information in
one benefit request, USCIS ELIS uses that information to pre-populate
any future benefit requests. This eases the burden on an individual so
he or she does not have to repeatedly type in the same information.
USCIS is publishing three System of Records Notices (SORNs) to
cover the following three distinct processes of this new electronic
environment and the privacy and security protections incorporated into
USCIS ELIS:
1. Temporary Accounts and Draft Benefit Requests: The Electronic
Immigration System-1 Temporary Accounts and Draft Benefit Requests SORN
(DHS/USCIS-014) addresses temporary data provided by Applicants or
Representatives. This temporary data includes temporary accounts for
first-time Applicants and draft benefit request data from first-time
Applicants, Applicants with permanent accounts, and Representatives.
Applicants first interact with USCIS ELIS by creating a temporary
account, setting notification preferences, and drafting the first
benefit request. If a first-time Applicant does not begin drafting a
benefit request within 30 days of opening the temporary account, USCIS
ELIS deletes the temporary account. If he or she does not submit the
benefit request within 30 days of starting a draft benefit request,
USCIS ELIS deletes the temporary account and all draft benefit request
data. If a first-time Applicant submits the benefit request within 30
days, USCIS ELIS changes the status of the account from temporary to
permanent. Applicants with permanent USCIS ELIS accounts or
Representatives may also draft benefit requests. USCIS ELIS deletes all
draft benefit requests if they are not submitted within 30 days of
initiation.
2. Account and Case Management: The Electronic Immigration System-2
Account and Case Management SORN (DHS/USCIS-015) addresses the
activities undertaken by USCIS after Applicants or Representatives
submit a benefit request. USCIS ELIS uses information provided on
initial and subsequent benefit requests and subsequent collections
through the Account and Case Management process to create or update
USCIS ELIS accounts; collect any missing information; manage workflow;
assist USCIS adjudicators as they make a benefit determination; and
provide a repository of data to assist with future benefit requests. In
addition, USCIS ELIS processes and tracks all actions related to the
case, including scheduling appointments and issuing decision notices
and/or proofs of benefit.
3. Automated Background Functions: The Electronic Immigration
System-3 Automated Background Functions SORN (DHS/USCIS-016) addresses
the actions USCIS ELIS takes to detect duplicate and related accounts
and identify potential national security concerns, criminality, and
fraud to ensure that serious or complex cases receive additional
scrutiny.
This SORN addresses the USCIS ELIS temporary account process for
first-time Applicants in USCIS ELIS and the draft benefit request
process for all Applicants and Representatives.

[[Page 70732]]

Because USCIS ELIS collects this information before a benefit request
is submitted, USCIS does not have an official need-to-know the
information in the drafted benefit request. USCIS is segregating
temporary account and draft benefit request information from permanent
information in USCIS ELIS and preventing USCIS personnel (aside from
USCIS ELIS System Administrators as part of their system maintenance
duties) from viewing this temporary data until the Applicant or
Representative submits the benefit request. USCIS will purge this
information from USCIS ELIS if the Applicant or Representative does not
submit the benefit request within 30 days of initiation. If the
Applicant submits the benefit request, USCIS converts the temporary
account to a permanent account and processes the benefit request
information according to the guidelines set forth in the Electronic
Immigration System-2 Account and Case Management SORN and Electronic
Immigration System-3 Automated Background Functions SORN.

Temporary Accounts

DHS is clarifying the process used to establish and retain
temporary accounts and draft benefit requests. USCIS ELIS creates
temporary accounts for Applicants that have not previously submitted a
benefit request through USCIS ELIS. These temporary accounts permit the
first-time Applicant to log in to USCIS ELIS, set notification
preferences, and draft a benefit request. If a first-time Applicant
does not begin drafting a benefit request within 30 days of opening the
temporary account, USCIS ELIS deletes the temporary account. If a
first-time Applicant begins drafting a benefit request within 30 days
of creating the temporary account, he or she will have 30 days to
submit the benefit request. If he or she does not submit the benefit
request within 30 days of starting a draft benefit request, USCIS ELIS
deletes the temporary account and all draft benefit request data. If a
first-time Applicant submits the benefit request within 30 days, USCIS
ELIS changes the status of the account from temporary to permanent.
This minimizes the time USCIS ELIS retains personally identifiable
information (PII) about individuals that have no pending benefit
requests with USCIS, while still giving Applicants time to draft and
submit a benefit request. If the Applicant submits a benefit request
within the time allotted, USCIS ELIS converts the temporary account to
a permanent account and treats it according to the Electronic
Immigration System-2 Account and Case Management SORN and Electronic
Immigration System-3 Automated Background Functions SORN.

Draft Benefit Requests

USCIS ELIS retains benefit requests drafted by Applicants or
Representatives for 30 days from initiation to further minimize the PII
retained by USCIS ELIS. This information is not accessible by USCIS
personnel (aside from system administrators for system maintenance) and
will only be shared internally for system maintenance purposes and
externally to reduce the harm to individuals in the event the system is
compromised. However, once a benefit request has been formally
submitted to USCIS, the information will be retained and used according
to the Electronic Immigration System-2 Account and Case Management SORN
and Electronic Immigration System-3 Automated Background Functions SORN
in order to maintain USCIS ELIS accounts and determine eligibility for
requested benefits.
DHS is revising the list of legacy forms that will be incorporated
into USCIS ELIS. Additional forms from which information will be
collected will be posted to the USCIS ELIS Web site as the system
develops. New categories of records collected on this revised list of
forms include immigration history (citizenship/naturalization
certificate number, removals, statuses, explanations, etc.), appeals or
motions to reopen or reconsider decisions, U.S. State Department-Issued
Personal Identification Number (PID), vaccinations, and medical
referrals. In the first release of USCIS ELIS, USCIS collects
information from the following updated list of forms:
I-90--Application to Replace Permanent Residence Card
(1615-0082), 08/31/12;
I-102--Application for Replacement/Initial Nonimmigrant
Departure Document (1615-0079), 08/31/12;
I-130--Petition for Alien Relative (1615-0012), 01/31/12
(as evidence);
I-131--Application for Travel Document (1615-0013), 03/31/
12;
I-134--Affidavit of Support (1615-0014), 05/31/12 (as
evidence);
I-290B--Notice of Appeal or Motion (91615-0095), 05/31/12;
I-508/I-508F--Waiver of Rights, Privileges, Exemptions,
and Immunities (1615-0025), 11/30/11;
I-539--Application to Extend/Change Nonimmigrant Status
(1615-0003), 02/29/12;
I-539--Application to Extend/Change Nonimmigrant Status
(On-Line Application) (Pending);
I-566--Interagency Record of Request--A, G or NATO
Dependent Employment Authorization or Change/Adjustment to/from A, G or
NATO Status (1615-0027), 01/31/11 (as evidence);
I-601--Application for Waiver of Grounds of
Inadmissibility (1615-0029), 06/30/12;
I-693--Report of Medical Examination and Vaccination
Record (1615-0033), 10/31/11;
I-765--Application for Employment Authorization (1615-
0040), 09/30/11;
I-821--Application for Temporary Protected Status (1615-
0043), 10/31/13;
I-912--Request for Fee Waiver (1615-0116), 10/31/12;
AR-11--Alien Change of Address Card System (1615-0007),
09/30/11; and
G-28 Notice of Entry of Appearance as Attorney or
Accredited Representative (1615-0105), 04/30/12.
USCIS collects, uses, and maintains temporary account and draft
benefit request information pursuant to the Immigration and Nationality
Act of 1952, Public Law No. 82-414, sections 101 and 103, as amended.
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 the U.S. 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. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/USCIS--014 Electronic
Immigration System-1 Temporary Accounts and Draft Benefit Requests
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

[[Page 70733]]

Management and Budget and to Congress.
System of Records
DHS/USCIS-014

System name:
DHS/USCIS-014 Electronic Immigration System-1 Temporary Accounts
and Draft Benefit Requests System of Records

Security classification:
Unclassified

System location:
Records are maintained at the USCIS Headquarters in Washington, DC
and field offices.

Categories of individuals covered by the system:
Electronic Immigration System-1 Temporary Accounts and Draft
Benefit Requests (USCIS ELIS Temporary Accounts and Draft Benefit
Requests) stores and/or uses information about individuals who receive
or petition for benefits under the Immigration and Nationality Act, as
amended. These individuals include: Applicants and petitioners
(Applicants); co-applicants, beneficiaries, derivatives, dependents, or
other persons on whose behalf a benefit request is made or whose
immigration status may be derived because of a relationship to an
Applicant (Co-Applicants); attorneys and Board of Immigration Appeals
accredited representatives (Representatives); and individuals that
assist in the preparation of the benefit request.

Categories of records in the system:
Temporary USCIS ELIS account information includes the following
from all of the categories of individuals above. If an Applicant or
Representative formally submits a benefit request within the 30-day
window, USCIS converts the temporary account to a permanent USCIS ELIS
account and retains the information according to the Electronic
Immigration System-2 Account and Case Management SORN and Electronic
Immigration System-3 Automated Background Functions SORN.
An Applicant's temporary USCIS ELIS account registration
information includes the following:

Valid email address
Password
Challenge questions and answers
Telephone Number (optional)

All benefit requests about the Applicant or Co-Applicant includes the
following information:
Alien Registration Number(s)
Full name and any alias(es) used
Physical and mailing address(es)
Immigration status
Date of birth
Place of birth (city, state, and country)
Country of citizenship
Gender
Contact information (Phone number(s), Email address)
Military status
Government-issued identification (e.g. passport, driver's
license):
[cir] Document type
[cir] Issuing organization
[cir] Document number
[cir] Expiration date
Benefit requested
IP Address
Browser information
USCIS ELIS account number (for returning Applicants)

The following information may be requested for benefit-specific
eligibility:
U.S. State Department-Issued Personal Identification Number
(PID)
Arrival/Departure Information
Immigration history (citizenship/naturalization certificate
number, removals, explanations, etc.)
Family Relationships (e.g., Parent, Spouse, Sibling, Child,
Other Dependents, etc., as well as polygamy, custody, guardianship, and
other relationship issues)
USCIS Receipt/Case Number
Personal Background Information (e.g., involvement with
national security threats, Communist party, torture, genocide, killing,
injuring, forced sexual contact, limiting or denying others religious
beliefs; service in military or other armed groups; work in penal or
detention systems, weapons distribution, combat training, etc.)
Health Information (e.g., vaccinations, referrals,
communicable disease, physical or mental disorder, prostitution, drug
abuse, etc.)
Education History
Work History
Financial Information (income, expenses, scholarships,
savings, assets, property, financial support, supporter information,
life insurance, debts, encumbrances, etc.)
Social Security Number, if applicable
Supporting documentation as necessary (i.e. birth certificate,
appeals or motions to reopen or reconsider decisions, etc.)
Criminal Records

Preparer information includes:
Name
Organization
Physical and Mailing Addresses
Phone and Fax Numbers
Paid/Not Paid
Relationship to Applicant
Representative information includes:
Name
Law Firm/Recognized Organization
Physical and Mailing Addresses
Phone and Fax Numbers
Email Address
Attorney Bar Card Number or Equivalent
BAR Membership
Accreditation Date
BIA Representative Accreditation Expiration Date
Law Practice Restriction Explanation

Authority for maintenance of the system:
The Immigration and Nationality Act of 1952, Public Law 82-414,
sections 101 and 103, as amended.

Purpose(s):
The purpose of the system collecting this information is to provide
an Applicant with a temporary account so that he or she may submit a
benefit request through USCIS ELIS for the first time. All draft
benefit request information is collected to assist the Applicant or
Representative in providing all of the information necessary to request
a benefit. If a first-time Applicant does not formally submit a benefit
request within 30 days of opening the temporary account or initiating
the draft benefit request, the information will be deleted. If an
Applicant or Representative formally submits a benefit request within
the 30-day window, USCIS converts the temporary account to a permanent
USCIS ELIS account and retains the information according to the USCIS
ELIS Account and Case Management SORN and USCIS ELIS Automated
Background Functions SORN.

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 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

[[Page 70734]]

theft or fraud, harm to the security or integrity of this system or
other systems or programs (whether maintained by DHS or another agency
or entity), or harm to the individual that relies upon the compromised
information; and
3. The disclosure made to such agencies, entities, and/or 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.
B. 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.
If a benefit request has been submitted to USCIS within 30 days of
initiation, the information will become permanent and shared according
to the routine uses listed in the Electronic Immigration System-2
Account and Case Management SORN and Electronic Immigration System-3
Automated Background Functions SORN in order to maintain USCIS ELIS
accounts and determine eligibility for requested benefits.

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 in secure
facilities. The records are stored on magnetic disc and/or tape to
maintain a real-time copy of the data for disaster recovery purposes.
Real-time copies of data are deleted at the same time as the original
data.

Retrievability:
Records may be retrieved by any of the data elements listed above
or combination thereof.

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:
USCIS has submitted to the National Archives and Records
Administration (NARA) a retention schedule for these records. USCIS
proposes that if a first-time Applicant does not begin drafting a
benefit request within 30 days of opening the temporary account, USCIS
ELIS deletes the temporary account. If a first-time Applicant begins
drafting a benefit request within 30 days of creating the temporary
account, he or she will have 30 days to submit the benefit request. If
he or she does not submit the benefit request within 30 days of
starting a draft benefit request, USCIS ELIS deletes the temporary
account and all draft benefit request data. If an Applicant or
Representative formally submits a benefit request within the 30-day
window, USCIS converts the temporary account to a permanent USCIS ELIS
account and retains the information according to the Electronic
Immigration System-2 Account and Case Management SORN and Electronic
Immigration System-3 Automated Background Functions SORN.

System Manager and address:
The DHS system manager is the Chief, Records Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW.,
Washington, DC 20529.

Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may log in to USCIS ELIS to amend their information within the 30-day
window. If they submit a benefit request, the information will still be
available by logging in to their USCIS ELIS account and may be amended
through the processes described in the USCIS ELIS Account and Case
Management SORN and USCIS ELIS Automated Background Functions SORN.
Because of the temporary nature of this data, records will not
likely be available for FOIA requests. However, individuals are free to
request records pertaining to them by submitting a request in writing
to the National Records Center, FOIA/PA Office, P.O. Box 648010, Lee's
Summit, MO 64064-8010. Specific FOIA contact information can be found
at http://www.dhs.gov/foia under ``Contacts.'' If an individual
believes more than one component maintains Privacy Act records
concerning him or her, the individual may submit the request to the
Chief Privacy Officer and Chief 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 or 1-866-431-0486. In addition you should:
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;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.

Record access procedures:
See ``Notification procedure'' above.

Contesting record procedures:
See ``Notification procedure'' above.

Record source categories:
Records are obtained from the Applicant or his or her
Representative.

Exemptions claimed for the system:
None.

[[Page 70735]]

Dated: November 2, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-29449 Filed 11-14-11; 8:45 am]
BILLING CODE 9111-97-P