Dhs Uscis 018 Sorn

36950

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

determination before the Court of
International Trade.
Sincerely,
Alice A. Kipel
Executive Director
Regulations and Rulings
Office of Trade
[FR Doc. 2018–16281 Filed 7–30–18; 8:45 am]
BILLING CODE P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2018–0003]

Privacy Act of 1974; System of
Records
Department of Homeland
Security.
ACTION: Notice of a new system of
records.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
consolidate two legacy systems of
record, Department of Homeland
Security/U.S. Citizenship and
Immigration Services-002 Background
Check Service and Department of
Homeland Security/U.S. Citizenship
and Immigration Services-003 Biometric
Storage System into the new DHS
system of records titled, ‘‘Department of
Homeland Security/U.S. Citizenship
and Immigration Services-018
Immigration Biometric and Background
Check System of Records.’’ This system
of records notice (SORN) allows the
DHS U.S. Citizenship and Immigration
Services (USCIS) to collect and maintain
biographic, biometric, and background
check records on applicants, petitioners,
sponsors, beneficiaries, or other
individuals in connection with a benefit
request. USCIS uses biometric and
associated biographic information to
verify identity, conduct criminal and
national security background checks
against internal and external
government systems, and to support
domestic and foreign data sharing
agreements. The categories of
individuals, categories of records, and
the routine uses of these legacy systems
of records notices have been
consolidated and updated to better
reflect the Department’s biometric and
biographic criminal background checks;
identity enrollment, verification, and
resolution; document production record
systems; and data sharing efforts.
Additionally, DHS is issuing a Notice
of Proposed Rulemaking (NPRM) to
exempt this system of records from
certain provisions of the Privacy Act,
elsewhere in the Federal Register. This

daltland on DSKBBV9HB2PROD with NOTICES

SUMMARY:

VerDate Sep<11>2014

18:30 Jul 30, 2018

Jkt 244001

new system will be included in DHS’s
inventory of record systems.
DATES: Submit comments on or before
August 30, 2018. This system will be
effective upon publication. Routine uses
will become effective August 30, 2018.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2018–0003 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Philip S. Kaplan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number DHS–2018–0003 for this
notice. All comments received will be
posted without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Donald K. Hawkins, (202) 272–8030,
USCIS.PrivacyCompliance@
uscis.dhs.gov, Privacy Officer, U.S.
Citizenship and Immigration Services,
20 Massachusetts Avenue NW,
Washington, DC 20529. For privacy
questions, please contact: Philip S.
Kaplan, (202) 343–1717, Privacy@
hq.dhs.gov, Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
I. Background
DHS USCIS has relied on two
preexisting DHS/USCIS Privacy Act
SORNs for the maintenance of USCIS
biometric and background check
records: ‘‘DHS/USCIS 002 Background
Check Service,’’ 72 FR 31082 (June 5,
2007), and ‘‘DHS/USCIS–003 Biometric
Storage System,’’ 72 FR 17172 (April 6,
2007). Such records will be covered by
one new system of records named
‘‘DHS/USCIS–018 Immigration
Biometric and Background Check (IBBC)
System of Records.’’ USCIS processes
and adjudicates most immigration
benefit requests and other immigration
request forms (e.g., applications and
petitions) for DHS. This new system of
records notice consolidates and covers
all of USCIS’s biometric and associated
biographic information it collects
pursuant to that mission. The purpose
of this system is to verify identity and
conduct criminal and national security

PO 00000

Frm 00079

Fmt 4703

Sfmt 4703

background checks in order to establish
an individual’s eligibility for an
immigration benefit or other request,
and support domestic and international
data sharing efforts. USCIS determines
eligibility by capturing biometric and
associated biographic data from benefit
requestors, beneficiaries, and other
categories of individuals to facilitate
three key operational functions: (1)
Verify an individual’s identity; (2)
conduct criminal and national security
background checks; and (3) produce
benefit cards and documents as a proof
of benefit.
Most individuals who file benefit
requests for themselves or on the behalf
of others (i.e., petitioner, applicants,
beneficiaries, and requestors) are subject
to background, identity, and security
checks to ensure eligibility for the
requested benefit. Other individuals in
connection with immigration benefit
requests or other requests (i.e.,
household members, sponsors) may also
be subject to certain background,
identity, and security checks. The
biometric collection process begins with
the capture of biometric data at an
authorized biometric capture site,
including USCIS offices, Application
Support Centers, or U.S. consular offices
and military installations abroad. USCIS
requires applicants, petitioners,
sponsors, beneficiaries, or other
individuals in connection of a benefit
request to submit their biometrics along
with associated biographic information
to USCIS for background, identity, and
security checks. The types of
background checks USCIS conducts
vary by the benefit or request type.
Standard background checks may
include, but are not limited to:
Biometric based checks:
• Federal Bureau of Investigation
(FBI) Next Generation Identification
(NGI) Biometric Check;
• DHS Office of Biometric and
Identity Management (OBIM)
Automated Biometric Identification
System (IDENT) Biometric Check;
• Department of Defense (DoD)
Automated Biometric Identification
System (ABIS) Biometric Check;
Biographic name-based checks:
• FBI Central Records System (CRS)
and Universal Index (UNI) Name Check;
• U.S. Customs and Border Protection
(CBP) TECS Name Checks;
• Department of State (DOS) Consular
Lookout and Support System (CLASS);
and
• DOS Security Advisory Opinion
(SAO).
USCIS may also perform interagency
checks with intelligence community
partners for certain benefits. The results
of these checks are used to inform

E:\FR\FM\31JYN1.SGM

31JYN1

daltland on DSKBBV9HB2PROD with NOTICES

Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices
eligibility determinations, which will
result in the approval or denial of a
benefit. If fraudulent activity, criminal
activity, or potential threats to public
safety or national security are detected
as a result of the biometric or name
check, information may be referred to
the USCIS Fraud Detection and National
Security Directorate (FDNS) or
appropriate law enforcement agencies
for further review. These law
enforcement agencies include U.S.
Immigration and Customs Enforcement
(ICE), CBP, FBI, or other federal, state,
local, tribal, foreign, or international law
enforcement agencies. USCIS may also
conduct additional background and
security checks against other federal,
international, state, and local systems to
verify the identity of the individual as
part of the eligibility determination for
a benefit or request, as appropriate.
USCIS sends biometric, associated
biographic, and encounter-related data
to IDENT to conduct biometric searches
against the system. IDENT is the central
DHS-wide information technology
system for enrollment, storage, and
processing of biometric and associated
biographic information. IDENT is
maintained for the purposes of national
security, law enforcement, immigration
and border management, intelligence,
and credentialing (e.g., background
investigations for national security
positions and certain positions of public
trust), as well as for other administrative
uses (e.g., providing associated testing,
training, management reporting, or
planning and analysis). When an
authorized request is received by OBIM,
the program management office for
IDENT, analysts search IDENT for
biometric matches and assign matches
as new encounters into IDENT on behalf
of USCIS. Consistent with this SORN
and other SORNs governing different
biometric data sets in IDENT, USCIS
biographic and biometric information
from IDENT may be shared with federal,
state, local, tribal, foreign, and
international agencies for national
security, law enforcement, criminal
justice, immigration and border
management, and intelligence purposes.
In addition, information from IDENT
may also be shared for background
investigations for national security
positions and certain positions of public
trust in accordance with statutory and
regulatory restrictions on disclosure.

and from certain foreign partners
through IDENT in support of its
immigration mission and applicable
laws. The purpose of these data sharing
initiatives is to enhance the cooperation
between the United States and foreign
partners to prevent terrorism, including
terrorist travel; prevent serious crime
and other threats to national security
and public safety; assist in the
administration and enforcement of
immigration laws; and provide the
foreign partner with appropriate
information for its consideration when
adjudicating requests for immigration
benefits including, but not limited to,
asylum or refugee status. Through
international sharing agreements, USCIS
may share biometric and associated
biographic information stored in IDENT,
which it collected in determining
suitability for an immigration benefit,
with foreign partners. DHS does not
permit third party disclosure without
prior approval.

International Biometric Sharing
Initiatives
This system of records supports the
biometric vetting capability outlined in
data sharing agreements between DHS
and certain foreign partners. USCIS may
send and receive biometric requests to

II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework under which
Federal Government agencies collect,
maintain, use, and disseminate
individuals’ records. The Privacy Act

VerDate Sep<11>2014

18:30 Jul 30, 2018

Jkt 244001

Document Production
Once the adjudication of certain
immigration benefits are complete,
USCIS creates official, personalized and
secure identity documents to certify the
grant of the requested benefit. The
secure identification documents USCIS
produces and issues are high-quality
and state-of-the-art, incorporating
tamper-resistant, machine-readable, and
biometrically-enabled technologies
designed to withstand document
counterfeiting efforts, alteration, or
efforts employed to commit fraud.
Information stored in the DHS/
USCIS–018 IBBC System of Records
may be shared with other DHS
Components that have a need to know
the information to carry out their
national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, DHS/USCIS may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
Additionally, DHS is issuing an
NPRM to exempt this system of records
from certain provisions of the Privacy
Act elsewhere in the Federal Register.
This new system of records will be
included in DHS’s inventory of record
systems.

PO 00000

Frm 00080

Fmt 4703

Sfmt 4703

36951

applies to information that is
maintained in a ‘‘system of records.’’ A
‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. Additionally, the Judicial
Redress Act (JRA) provides statutory
rights to covered persons to request
access and amendment to covered
records, as defined by the JRA, along
with judicial review for denials of such
requests. In addition, the JRA prohibits
disclosures of covered records, except as
otherwise permitted by the Privacy Act.
Below is the description of the DHS/
USCIS–018-Immigration Biometric and
Background Check (IBBC) System of
Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:

DHS/USCIS–018 Immigration
Biometric and Background Check (IBBC)
System of Records.
SECURITY CLASSIFICATION:

Unclassified and classified. The data
may be retained on classified networks
but this does not change the nature and
character of the data until it is combined
with classified information.
SYSTEM LOCATION:

DHS/USCIS maintains records in
DHS-approved data centers in the
Washington, DC, metropolitan area.
Backups are maintained offsite. IBBC
will be accessible world-wide from all
USCIS field offices, service centers, and
Application Service Centers that are
part of the DHS Network. Paper files are
located at USCIS Headquarters in
Washington, DC and in DHS/USCIS
service centers, domestic and
international field offices, and other
USCIS facilities. USCIS stores biometric
records in the DHS biometrics
repository, OBIM IDENT.
DHS/USCIS replicates records from
the operational IT systems and
maintains them in other IT systems
connected on the DHS unclassified and
classified networks.
SYSTEM MANAGER(S):

Associate Director, Immigration
Records and Identity Services,
BD.systems@uscis.dhs.gov, U.S.
Citizenship and Immigration Services,

E:\FR\FM\31JYN1.SGM

31JYN1

36952

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

Department of Homeland Security, 111
Massachusetts Avenue NW,
Washington, DC 20529.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

8 U.S.C. 1101 and 1103; 8 CFR
103.16(a); and 8 CFR 103.2(b)(9).
PURPOSE(S) OF THE SYSTEM:

The purpose of this system is to assist
USCIS with determining an individual’s
eligibility for an immigration benefit
request or other USCIS requests. USCIS
captures biographic and biometric data
from applicants, petitioners, sponsors,
beneficiaries, or other individuals to
facilitate three key operational
functions: (1) Enroll, verify, and manage
an individual’s identity; (2) conduct
criminal and national security
background checks; and (3) produce
benefit cards/documents as a proof of
benefit. Also, the purpose of this system
is to (4) support data sharing initiatives
between DHS components, other U.S.
Government agencies and foreign
partners in order to prevent terrorism,
including terrorist travel; prevent
serious crime and other threats to
national security and public safety; and
assist in the administration and
enforcement of immigration laws.

daltland on DSKBBV9HB2PROD with NOTICES

CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include:
• Persons who have filed on their
own behalf, or on the behalf of others,
applications or petitions for
immigration benefits or other requests
under the Immigration and Nationality
Act (INA) (i.e., applicants, petitioners,
and beneficiaries), as amended;
• Current, former, and potential
derivative family members of benefit
requestors;
• Affiliated persons who have a
clearly articulated rational connection
to the request, applicant, petitioner, or
beneficiary, that may have an impact on
the adjudication process of a request;
• Associates whose information is
voluntarily provided by the applicant as
part of the family tree, and which
include points of contact in the United
States and other individuals with whom
the applicant associates (i.e., household
members, sponsors);
• Attorneys and representatives
recognized by USCIS and/or accredited
by the Board of Immigration Appeals
(Representatives); and
• All individuals who meet the
definition of an adult member of the
household, 8 CFR 204.3(b) or 8 CFR
204.301; and/or any other individual
whose presence in the applicant’s or
petitioner’s residence is relevant to the

VerDate Sep<11>2014

18:30 Jul 30, 2018

Jkt 244001

prospective adoptive parent(s)’s
suitability to adopt overseas.
CATEGORIES OF RECORDS IN THE SYSTEM:

This system covers biographic,
biometric, unique machine-generated
identifiers, encounter-related data,
criminal and national security
background check results, and card
production information.
Biographic information may include:
• Full name;
• Aliases;
• Other names;
• Date of birth;
• Place of birth;
• Country of Citizenship/Nationality;
• Current and previous immigration
status;
• Mailing and physical address;
• Phone number;
• Employment status;
• Travel Document Numbers (i.e.,
passport numbers, I–94 number);
• Travel Document Information (i.e.,
country of issuance, nationality, date of
issuance, expiration date);
• Case Type (i.e., refugee claimant,
identity investigation, absconder, visa
applicant);
• Filing date;
• Filing determination;
• Reason for filing determination;
• Gender;
• Height;
• Weight;
• Eye color;
• Hair color;
• Race/Ethnicity; and
• Unique Identifying Numbers,
including, but not limited to, Alien
Registration Number (Alien Number),
Receipt Number, Social Security
number (SSN), and USCIS Online
Account Number.
Biometric information may include:
• Biometric images (including, but
not limited to: Photographs/facial
images, fingerprint images, iris images,
voice samples, and signatures); and
• Details about images (i.e., capture
date, reason fingerprinted, and
location).
Encounter information may include:
• Scan of marked travel document
page;
• Foreign partner point of contact
information;
• Watchlist indicator, indicator of
derogatory information, or reason for
alert;
• Arrival, Departure, and/or Removal
information (date and location);
• Transaction Control Numbers
Associated with FBI fingerprint checks;
• Date/time of submission;
• Type of immigration form or nonbiometric encounter;
• Date of immigration form or nonbiometric encounter;

PO 00000

Frm 00081

Fmt 4703

Sfmt 4703

• Query results (match or no match);
• Error code; and
• Transaction Identifier Data (i.e.,
sending organization; timestamp; date;
transaction type; case type; priority
level; message origin; message
destination; reference numbers
(requesting participants subject specific
reference number; or requesting
participants event specific reference
number); workstation; reason
fingerprinted, such as entry, visa
application, credentialing application,
or apprehension; and any available
encounter information, including an
IDENT-generated encounter
identification number (EID)).
BACKGROUND CHECK INFORMATION MAY
INCLUDE:

• Results of criminal and national
security background checks (i.e.,
positive or negative response; and
positive responses are generally
accompanied with the individual’s
criminal history and additional
information explaining the results of the
response); Unique Biometric Identifier
(i.e., Fingerprint Identification Number
(FIN) and Universal Control Number
(formerly known as FBI Number)); and
• Logs associated with the requests of
background checks, which may include
requesting location and requesting
person.
Document Production information
may include:
• Identifying Transactional
Information (i.e., transaction control
number, book number);
• Biographical Information used for
Document Production;
• Document Production Status;
• Benefit Card/Document Type;
• Class of Admission;
• Document Serial Number;
• Radio Frequency Identification
(RFID) with USCIS Issued Document;
• Machine-readable Barcode;
• Production Site;
• Production Status; and
• Document Issuance Time/Date and
Expiration Date.
RECORD SOURCE CATEGORIES:

Records are obtained from the
categories of individuals included in
this SORN. Information contained in
this system may also be supplied by
DHS, other U.S. Federal, state, tribal, or
local government agencies, foreign
government agencies, and international
organizations. USCIS personnel may
input information as they process a
case, including information from
internal and external sources, and to
verify whether a benefit requestor or
family is eligible for the benefit
requested. Records covered by other

E:\FR\FM\31JYN1.SGM

31JYN1

daltland on DSKBBV9HB2PROD with NOTICES

Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices
systems of records (or their successor
systems) that are ingested and covered
by this SORN include the following:
1. DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records, 82 FR 43556 (Sept.
18, 2017);
2. DHS/USCIS–005 Intercountry
Adoptions Security, 81 FR 78614 (Nov.
8, 2016);
3. DHS/USCIS–006 Fraud Detection
and National Security Records (FDNS),
77 FR 47411 (Aug. 8, 2012);
4. DHS/USCIS–007 Benefit
Information System, 81 FR 72069 (Oct.
19, 2016);
5. DHS/USCIS–010 Asylum
Information and Pre-Screening, 80 FR
74781 (Nov. 30, 2015);
6. DHS/USCIS–017 Refugee Case
Processing and Security Screening
Information, 81 FR 72075 (Oct. 19,
2016);
7. DHS/CBP–011 U.S. Customs and
Border Protection TECS, 73 FR 77778
(Dec. 19, 2008);
8. DHS/ICE–011-Criminal Arrest
Records and Immigration Enforcement
Records (CARIER) System of Records,
81 FR 72080 (Oct. 19, 2016);
9. DHS/US–VISIT–001 DHS
Automated Biometric Identification
System (IDENT), 72 FR 31080 (June 5,
2007);
10. DHS/ALL–041 External Biometric
Records (EBR) System of Records, 83 FR
17829 (April 24, 2018);
11. JUSTICE/FBI–002 The FBI Central
Records System, 82 FR 24147 (May 25,
2017), and prior history (https://
www.justice.gov/opcl/doj-systemsrecords);
12. JUSTICE/FBI–009 The Next
Generation Identification (NGI) System,
81 FR 27283 (May 5, 2016), and 82 FR
24151 (May 25, 2017);
13. STATE–05 Overseas Citizens
Services Records and Other Overseas
Records, 81 FR 62235 (Sept. 8, 2016);
14. STATE–26 Passport Records, 80
FR 15653 (March 24, 2015);
15. STATE–39 Visa Records, 77 FR
65245 (Oct. 25, 2012);
16. STATE–59 Refugee Case Records,
77 FR 5865 (Feb. 6, 2012);
17. ODNI/NCTC–008 National
Counterterrorism Center Terrorism
Analysis Records, 72 FR 73895 (Dec. 28,
2007);
18. DoD/A0025–2 Defense Biometric
Services, 74 FR 48237 (Sept. 22, 2009);
19. DoD/A0025–2 PMG (DFBA)
Defense Biometric Identification
Records System, 80 FR 8292 (Feb. 17,
2015); and
20. DoD/A0025–2a Defense Biometric
Identification Records System, 74 FR
17840 (April 17, 2009).

VerDate Sep<11>2014

18:30 Jul 30, 2018

Jkt 244001

ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:

Information in this system of records
contains information relating to certain
persons who have pending or approved
benefit requests for special protected
class status and should not be disclosed
pursuant to a routine use unless
disclosure is otherwise permissible
under the confidentiality statutes,
regulations, or policies applicable to
that information. For example,
information relating to persons who
have applied for asylum or refugee
status, have pending or approved
benefit requests for protection under the
Violence Against Women Act, Seasonal
Agricultural Worker or Legalization
claims, the Temporary Protected Status
of an individual, and information
relating to certain nonimmigrant visas.
These confidentiality provisions do not
prevent DHS from disclosing
information to the Department of Justice
(DOJ) and Offices of the United States
Attorneys as part of an ongoing criminal
or civil investigation.
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the DOJ, including Offices of
the U.S. Attorneys, or other federal
agency conducting litigation or in
proceedings before any court,
adjudicative, or administrative body,
when it is relevant or necessary to the
litigation and one of the following is a
party to the litigation or has an interest
in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is

PO 00000

Frm 00082

Fmt 4703

Sfmt 4703

36953

necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when (1) DHS suspects or
has confirmed that there has been a
breach of the system of records; (2) DHS
has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, DHS
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
F. To another Federal agency or
Federal entity, when DHS determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
G. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
H. To an appropriate Federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, when a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
I. To appropriate Federal, state, local,
tribal, territorial, or foreign
governments, as well as to other
individuals and organizations during
the course of an investigation by DHS or
the processing of a matter under DHS’s
jurisdiction, or during a proceeding
within the purview of the immigration
and nationality laws, when DHS deems

E:\FR\FM\31JYN1.SGM

31JYN1

daltland on DSKBBV9HB2PROD with NOTICES

36954

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

that such disclosure is necessary to
carry out its functions and statutory
mandates.
J. To a former employee of DHS, in
accordance with applicable regulations,
for purposes of: Responding to an
official inquiry by a Federal, state, or
local government entity or professional
licensing authority; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes when DHS requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
K. To a coroner, in accordance with
applicable law and regulations, for
purposes of affirmatively identifying a
deceased individual (whether or not
such individual is deceased as a result
of a crime).
L. To a Federal, state, or local
government agency seeking to verify or
ascertain the citizenship or immigration
status of any individual within the
jurisdiction of the agency for any
purpose authorized by law
M. To an appropriate domestic
government agency or other appropriate
authority for the purpose of providing
information about an individual who
has been or is about to be released from
DHS custody who, due to a condition
such as mental illness, may pose a
health or safety risk to himself/herself or
to the community. DHS will only
disclose information about the
individual that is relevant to the health
or safety risk they may pose and/or the
means to mitigate that risk (e.g., the
individuals need to remain on certain
medication for a serious mental health
condition).
N. To foreign governments for the
purpose of coordinating and conducting
the removal of individuals to other
nations under the INA; and to
international, foreign, and
intergovernmental agencies, authorities,
and organizations in accordance with
law and formal or informal international
arrangements.
O. To DOJ FBI for the purpose of
conducting name and fingerprint
background checks in order to verify the
identity of an individual and generate
information used to grant or deny an
immigration benefit request or other
request.
P. To U.S. Department of State for the
purpose of conducting biographic and
biometric based searches for identity
verification in order to process requests
for benefits under the INA, and all other
immigration and nationality laws
including treaties and reciprocal
agreements; or when DOS requires

VerDate Sep<11>2014

18:30 Jul 30, 2018

Jkt 244001

information to consider and/or provide
an informed response to a request for
information from a foreign,
international, or intergovernmental
agency, authority, or organization about
an alien or an enforcement operation
with transnational implications.
Q. To U.S. Department of Defense for
the purpose of biometric background
checks to verify the identity of an
individual and generate information
used to grant or deny an immigration
benefit request or other request.
R. To the Office of the Director of
National Intelligence National
Counterterrorism Center (ODNI/NCTC)
and other Federal and foreign
government intelligence or
counterterrorism agencies when USCIS
becomes aware of an indication of a
threat or potential threat to national or
international security, or when such use
is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
S. To an individual’s prospective or
current employer to the extent necessary
to determine employment eligibility (for
example, pursuant to the Form I–140,
Immigrant Petition for Alien Worker).
T. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute an unwarranted invasion of
personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

DHS/USCIS stores records in this
system electronically or on paper in
secure facilities in a locked drawer
behind a locked door. The records may
be stored on magnetic disc, tape, and
digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

Records may be retrieved by any of
the data elements listed above or a
combination thereof. This may include,
but is not limited to, name, date of birth,
Alien Number, SSN, USCIS Online
Account Number, and Receipt Number.

PO 00000

Frm 00083

Fmt 4703

Sfmt 4703

POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

USCIS retains the records 100 years
from the date of birth of the individual
in accordance with NARA Disposition
Authority Number DAA–0563–2013–
0001–0005. USCIS collects and uses the
information to verify the identity of the
individual and support the background
check process. The 100-year retention
rate comes from the length of time
USCIS may interact with a customer.
Further, retaining the data for this
period of time will enable USCIS to
fight identity fraud and
misappropriation of benefits.
USCIS generates secure identification
documents to communicate
adjudication decisions to the mailing
address on file for the benefit requestor
or his or her legal representative. USCIS
systems that generate cards and
documents retain data 10 years from the
date of record creation in accordance
with NARA Disposition Authority
Number DAA–0566–2016–0014. Proof
of benefits sent to the benefit requestor
and returned to USCIS are retained by
USCIS for up to one year in accordance
with NARA Disposition Authority
Number DAA–0566–2014–0005.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

DHS/USCIS safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. USCIS has imposed
strict controls to minimize the risk of
compromising the information that is
being stored. Access to the computer
system containing the records in this
system is limited to those individuals
who have a need to know the
information for the performance of their
official duties and who have appropriate
clearances or permissions.
RECORD ACCESS PROCEDURES:

The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act, and
consequently the JRA if applicable,
because it may interfere with ongoing
investigations and law enforcement
activities. However, DHS will consider
individual requests to determine
whether or not information may be
released. Thus, individuals seeking
access to and notification of any record
contained in this system of records, or
seeking to contest its content, may
submit a request in writing to the Chief
Privacy Officer and Headquarters or
component’s FOIA Officer, whose
contact information can be found at
http://www.dhs.gov/foia under

E:\FR\FM\31JYN1.SGM

31JYN1

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

daltland on DSKBBV9HB2PROD with NOTICES

‘‘Contacts Information.’’ If an individual
believes more than one component
maintains Privacy Act records
concerning him or her, the individual
may submit the request to the Chief
Privacy Officer and Chief FOIA Officer,
Department of Homeland Security,
Washington, DC 20528–0655. Even if
neither the Privacy Act nor the Judicial
Redress Act provide a right of access,
certain records about the individual
may be available under the Freedom of
Information Act.
When an individual is seeking records
about himself or herself from this
system of records or any other
Departmental system of records, the
individual’s request must conform with
the Privacy Act regulations set forth in
6 CFR part 5. The individual must first
verify his or her identity, meaning that
the individual must provide his or her
full name, current address, and date and
place of birth. The individual must sign
the request, and the individual’s
signature must either be notarized or
submitted under 28 U.S.C. 1746, a law
that permits statements to be made
under penalty of perjury as a substitute
for notarization. While no specific form
is required, an individual may obtain
forms for this purpose from the Chief
Privacy Officer and Chief FOIA Officer,
http://www.dhs.gov/foia or 1–866–431–
0486. In addition, the individual
should:
• Explain why the individual believe
the Department would have information
on him or her;
• Identify which component(s) of the
Department the individual believes may
have the information about him or her;
• Specify when the individual
believes the records would have been
created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records;
If an individual’s request is seeking
records pertaining to another living
individual, the first individual must
include a statement from that individual
certifying his/her agreement for the first
individual to access his/her records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and the
individual’s request may be denied due
to lack of specificity or lack of
compliance with applicable regulations.
CONTESTING RECORD PROCEDURES:

For records covered by the Privacy
Act or covered JRA records, see
‘‘Records Access Procedures’’ above.
Any individual, regardless of
immigration status, may file a request to
access his or her information under the

VerDate Sep<11>2014

18:30 Jul 30, 2018

Jkt 244001

FOIA. Throughout the benefit
determination process, and prior to
USCIS making a determination to deny
a benefit request, USCIS provides
individuals with the opportunity to
address and correct the information.
NOTIFICATION PROCEDURES:

See ‘‘Record Access Procedures.’’
EXEMPTIONS PROMULGATED FOR THE SYSTEM:

The Secretary of Homeland Security,
pursuant to Secretary’s delegation
number 15002 to the Director of USCIS
to conduct certain law enforcement
activities, when necessary to protect the
national security and public safety,
pursuant to 5 U.S.C. 552a(j)(2), is
proposing to exempt this system from
the following provisions of the Privacy
Act: 5 U.S.C. 552a(c)(3), (c)(4); (d);
(e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H),
(e)(4)(I), (e)(5), (e)(8); (f); and (g).
Additionally, the Secretary of Homeland
Security, pursuant to 5 U.S.C.
552a(k)(2), has exempted this system
from the following provisions of the
Privacy Act: 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and
(f). When a record received from another
system has been exempted in that
source system under 5 U.S.C. 552a(j)(2),
DHS will claim the same exemptions for
those records that are claimed for the
original primary systems of records from
which they originated and claims any
additional exemptions set forth here.
HISTORY:

DHS/USCIS–002 Background Check
Service, 72 FR 31082 (June 5, 2007);
DHS/USCIS–003 Biometric Storage
System, 72 FR 17172 (April 6, 2007).
Philip S. Kaplan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2018–16138 Filed 7–30–18; 8:45 am]
BILLING CODE 9111–97–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6083–N–02]

Notice of a Federal Advisory
Committee Meeting: Manufactured
Housing Consensus Committee
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, Department of Housing
and Urban Development (HUD).
ACTION: Notice of a Federal Advisory
Committee Meeting: Manufactured
Housing Consensus Committee (MHCC).
AGENCY:

This notice sets forth the
schedule and proposed agenda for a

SUMMARY:

PO 00000

Frm 00084

Fmt 4703

Sfmt 4703

36955

meeting of the MHCC. The meeting is
open to the public and the site is
accessible to individuals with
disabilities. The agenda provides an
opportunity for citizens to comment on
the business before the MHCC.
DATES: The meeting will be held on
September 11 through September 13,
2018, 9:00 a.m. to 5:00 p.m. Eastern
Standard Time (EST) daily.
ADDRESSES: The meeting will be held at
the Holiday Inn Washington—Capitol,
550 C Street SW, Washington, DC
20024.
FOR FURTHER INFORMATION CONTACT:
Teresa B. Payne, Acting Administrator,
Office of Manufactured Housing
Programs, Department of Housing and
Urban Development, 451 7th Street SW,
Room 9166, Washington, DC 20410,
telephone (202) 708–6423 (this is not a
toll-free number). Persons who have
difficulty hearing or speaking may
access this number via TTY by calling
the toll-free Federal Information Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
Notice of this meeting is provided in
accordance with the Federal Advisory
Committee Act, 5. U.S.C. App. 10(a)(2)
through implementing regulations at 41
CFR 102–3.150. The MHCC was
established by the National
Manufactured Housing Construction
and Safety Standards Act of 1974, 42
U.S.C. 5403(a)(3), as amended by the
Manufactured Housing Improvement
Act of 2000, (Pub. L. 106–569).
According to 42 U.S.C. 5403, as
amended, the purposes of the MHCC are
to:
• Provide periodic recommendations
to the Secretary to adopt, revise, and
interpret the Federal manufactured
housing construction and safety
standards in accordance with this
subsection;
• Provide periodic recommendations
to the Secretary to adopt, revise, and
interpret the procedural and
enforcement regulations, including
regulations specifying the permissible
scope and conduct of monitoring in
accordance with subsection (b);
• Be organized and carry out its
business in a manner that guarantees a
fair opportunity for the expression and
consideration of various positions and
for public participation.
The MHCC is deemed an advisory
committee not composed of Federal
employees.
Public Comment
Citizens wishing to make comments
on the business of the MHCC are

E:\FR\FM\31JYN1.SGM

31JYN1