DHS/USCIS-SORN-007 Benefits Information System

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Smislova, Melissa
Smith, Brenda B.
Smith, Frederick B.
Smith, Stewart D.
Spero, James
Spradlin, Ryan L.
Staton, Jack P.
Stephens, Celisa M.
Stiefel, Nathaniel I.
Stough, Michael S.
Sulc, Brian
Sutherland, Dan W.
Swain, Donald R.
Swartz, Neal J.
Sykes, Gwendolyn
Taylor, Clothilda
Taylor, Robin M.
Teeple, Brian
Thompson, John E.
Thompson, Kirt
Tomney, Christopher J.
Travis, Matthew K.
Ulrich II, Dennis A.
Valverde, Michael
Van Houten, Ann
Velarde, Barbara Q.
Venture, Veronica
Villanueva, Raymond
Wade, David S.
Wagner, John P.
Wallen, Steven
Walters, Thomas J.
Walton, Kimberly H.
Ware, Bryan S.
Wasowicz, John A.
Watkins, Tracey
Watson, Andre R.
Whalen, Mary Kate
Wheaton, Kelly D.
Whittenburg, Cynthia F.
Wolf, Chad
Wong, Ricardo A.
Wong, Sharon M.
Wonnenberg, David
Wright, Christopher J.
Wuco, Frank
Yarwood, Susan A.
Young, Edward E.
Zangardi, John A.
Zuckowski, Laura B.

Mulligan, George D.
Murphy, Brian J.
Murray, James M.
Muzyka, Carolyn L.
Nally, Kevin J.
Nelson, Mickey
Neufeld, Donald W.
Neumann, Elizabeth
Neumeister, James
Nevano, Gregory C.
Newsome III, Leonza
Nuebel Kovarik, Kathy
Nunan, Joanna M.
Ondocin, Michael A.
Owen, Todd C.
Padilla, Kenneth
Palmer, David J.
Paramore, Faron K.
Parker, Debra F.
Paschall, Robert D.
Patel, Kalpesh A.
Patterson, Leonard E.
Paul, Kshemendra
Perazzo, Stephen F.
Perez, Nelson
Perez, Robert E.
Perryman, Janet J.
Piccone, Colleen C.
Pietropaoli, Lori A.
Pineiro, Marlen
Podonsky, Glenn S.
Pohlman, Teresa R.
Porto, Victoria
Price, Corey A.
Prince, David A.
Prosnitz, Susan M.
Provost, Carla L.
Quinn, Cameron
Rabin, John L.
Raymond, John J.
Renaud, Daniel M.
Renaud, Tracy L.
Rexrode, Kathryn S.
Richardson, Gregory A.
Ries, Lora L.
Riordan, Denis C.
Robbins, Timothy S.
Robinson, Terri A.
Rodi III, Louis A.
Rodriguez, Waldemar
Roessler, John E.
Rogers, Debra A.
Roncone, Stephen A.
Rosenberg, Ronald M.
Rosenblum, Marc R.
Roth, Aaron E.
Roy, Donna M.
Ruppel, Joanna
Rynes, Joel C.
Sahakian, Diane V.
Salazar, Rebecca A.
Salazar, Ronald M.
Saltalamachea, Michael
Salvano-Dunn, Dana
Saunders, Ian C.
Scott, Kika M.
Selby, Cara M.
Sellers, Frederick E.
Sevier, Adrian
Seymour, Donna K.
Shah, Dimple
Shaw, David C.
Short, Tracy L.
Short, Victoria D.
Sibley, Matthew W.
Sloan, Terry G.

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Homeland Security (DHS) proposes to
modify and reissue a current DHS
system of records titled, ‘‘DHS/U.S.
Citizenship and Immigration Services
(USCIS)-007 Benefits Information
System.’’ This system of records
describes DHS/USCIS collection,
maintenance, processing, and
adjudication of naturalization, lawful
permanent residence, and other
immigrant and nonimmigrant
immigration-related requests
(hereinafter collectively referred to as
‘‘immigration requests’’) submitted to
USCIS in accordance with U.S.
immigration law. DHS/USCIS also uses
the records contained in the Benefits
Information System (BIS) to prevent
individuals from fraudulently obtaining
immigration and naturalization benefits
and to deny immigration and
naturalization requests submitted by
individuals who pose national security
or public safety threats. The BIS may
also be used in support of employee
performance and production reporting
purposes, as well as track an employee
or contractor’s workload and efficiency
in processing a particular immigration
request, managing workloads, and
providing statistical analyses to USCIS
leadership.
Submit comments on or before
November 12, 2019. This modified
system will be effective upon
publication. New or modified routine
uses will be effective November 12,
2019.

DATES:

Dated: October 2, 2019.
Greg Ruocco,
Manager, Executive Resources Policy, Office
of the Chief Human Capital Officer.
[FR Doc. 2019–22155 Filed 10–9–19; 8:45 am]
BILLING CODE 9112–FC–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2019–0042]

Privacy Act of 1974; System of
Records
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice of a Modified System of
Records.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of

SUMMARY:

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You may submit comments,
identified by docket number DHS–
2019–0042 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, Acting
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–2019–0042. 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.

ADDRESSES:

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

FOR FURTHER INFORMATION CONTACT:

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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
Avenue NW, Washington, DC 20529.
For privacy questions, please contact:
Jonathan R. Cantor, (202) 343–1717,
Privacy@hq.dhs.gov, Acting Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
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 modify and reissue
a current DHS system of records titled,
‘‘DHS/USCIS–007 Benefits Information
System.’’
DHS/USCIS oversees lawful
immigration and non-immigration to the
United States and is responsible for the
administration of immigration, nonimmigration, and naturalization
adjudication functions and for
establishing many immigration policies
and priorities. In executing its mission,
DHS/USCIS performs functions that
include the intake, review, and
adjudication of the following types of
benefits:
(1) Family-Based;
(2) Employment-Based;
(3) Humanitarian-Based;
(4) Adoption-Based; and
(5) Citizenship and NaturalizationBased.
The BIS System of Records Notice
(SORN) covers the processing of
immigrant and nonimmigrant
immigration-related requests.1 The
Secretary of Homeland Security also has
the discretion to review and grant other
types of immigration requests.2 The BIS
SORN is specific to USCIS’s collection,
use, maintenance, dissemination, and
storage of immigration-related request
information, including case processing
and decisional data.3 USCIS records
case processing information, such as
date the immigration related request
was filed or received by USCIS, request
status, location of record, other control
number (when applicable), fee receipt
data, status of USCIS appointments and
interviews, date of issuance of a notice,
1 This SORN covers all immigrant and
nonimmigrant benefit requests, with the exception
of requests for asylum, refugee, and intercountry
adoption.
2 For example, USCIS reviews applications for
Deferred Action. Deferred Action is a discretionary
determination to defer a deportation of an
individual as an act of prosecutorial discretion.
Deferred Action can be granted by USCIS or a
federal immigration judge.
3 The Immigration Biometric Background Check
SORN covers the background check process, while
the Benefits Information System SORN covers the
storage of background check results. See 83 FR
36950 (July 31, 2018).

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and whether the request form was
referred to the Fraud Detection and
National Security Directorate for review.
Decisional data such as an approval/
denial code is also stored in BIS.
Information within BIS may also be
stored in an immigration file (such as an
Alien File).4
DHS/USCIS is publishing this
modified system of records notice to
make several changes for transparency
and to describe new initiatives. The
purpose of this SORN has been
expanded to track an employee or
contractor’s workload and efficiency in
processing a particular benefit request,
managing workloads, and providing
statistical analyses to USCIS leadership.
The categories of individuals covered
by this SORN has been expanded to
include prospective accredited
representatives seeking to be recognized
by the Board of Immigration Appeals, as
well as add a new category to cover the
collection, maintenance, and use of
obligors (surety) and their agents.
New categories of records have been
added relating to immigration
requestors, which includes country of
residence; credit scores and reports;
public benefit application, receipt, and
certification for receipt information;
publicly available social media
information and other publicly available
information, which may be collected
during the course of the benefit
adjudication process. New categories of
records have been added relating to
attorneys and current and/or
prospective representatives, which
includes USCIS Online Account
Number, other identifying numbers
(e.g., Attorney Bar Number or
equivalent), educational and training
history, work history and qualifications,
academic and professional
achievements, and letters of
recommendations. New categories of
records have been added relating to
bond obligors and their agents including
name, identification number(s), contact
information (including address,
telephone number, email address),
signature, and power of attorney.
Biometric information and background
check results have been removed from
remove existing categories of records
relating to immigration requestors,
derivatives, and family members
because they are covered under DHS/
4 The Alien File or A-File is the official record
regarding the transactions of an individual as he or
she passes through the U.S. immigration and
inspection process. The Alien File contains
information relating to immigration benefits
processing, protection of national security, and
administering and enforcing immigration and
nationality laws and related statutes.

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USCIS–018 Immigration Biometric and
Background Check SORN.
DHS/USCIS–017 Refugee Case
Processing and Security Screening
Information SORN and DHS/USCIS–018
Immigration Biometric and Background
Check SORN have been added as record
source categories, and DHS/USCIS–002
Background Check Service SORN and
DHS/USCIS–003 Biometric Storage
System SORN have been removed as
record source categories.
The routine use section of this SORN
has been modified, including updating
Routine Use E and adding Routine Use
F to comply with requirements set forth
by OMB Memorandum M–17–12,
‘‘Preparing for and Responding to a
Breach of Personally Identifiable
Information,’’ (Jan. 3, 2017); expanding
Routine Use V to cover the sharing of
information with the petitioning
employers to aid in the approval or
denial of request to become a permanent
resident; updating Routine Use Z to
replace Immigration Judge with Federal
Judge; adding Routine Use BB for
disclosure to government agencies for
the purposes of testing new technology;
adding Routine Use CC for disclosure to
federal, state, local, and tribal public
benefit granting agencies to ascertain
whether public benefits have been
issued to the benefit requestor; adding
Routine Use DD for the disclosure to an
individual or entity seeking to post or
arrange bond; and adding Routine Use
EE for the disclosure of petition
outcomes to labor unions in instances in
which USCIS approves or denies a
petition submitted with a union
consultation.
Finally, the retention schedules have
been modified to reflect disposition
schedule by form type and actions, and
expand the retention of data in certain
case management systems to up to 50
years.
Consistent with DHS’s information
sharing mission, information stored in
DHS/USCIS–007 Benefits Information
System 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.
Further, specifically, USCIS may
share BIS information with DHS’s U.S.
Immigration and Customs Enforcement
(ICE) Financial Operations—Burlington
regarding fees charged during the
various immigration requests processes

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to ensure collection of debts. The
primary mission of the ICE Financial
Operations—Burlington is to collect
debts resulting from an individual’s
participation in DHS benefits programs.
As such, through DHS’s ICE Financial
Operations—Burlington office, BIS
information may be shared with credit
reporting agencies.
This modified 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. Additionally, the Judicial
Redress Act (JRA) provides covered
persons with a statutory right to make
requests for 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–007 Benefits Information System
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:

Department of Homeland Security
(DHS)/U.S. Citizenship and Immigration
Services (USCIS)-007 Benefits
Information System.
SECURITY CLASSIFICATION:

Unclassified and Classified.
SYSTEM LOCATION:

Records are maintained at the U.S.
Citizenship and Immigration Services
Headquarters in Washington, DC, and
DHS/USCIS service centers and
domestic and international field offices.
Records are also maintained in DHS/
USCIS information technology (IT)
systems (e.g., Computer Linked
Application Information Management

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System (CLAIMS) 3, USCIS Electronic
Immigration System (ELIS), Case and
Activity Management for International
Operations (CAMINO)).
SYSTEM MANAGER(S):

Chief, Immigration Records and
Identity Services, Identity and
Information Management Division
(IIMD), fieldrequests@uscis.dhs.gov,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, 20 Massachusetts Avenue NW,
Washington, DC 20529.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Sections 103 and 290 of the
Immigration and Nationality Act, as
amended (8 U.S.C. secs. 1103 and 1360),
the regulations issued pursuant thereto;
and Section 451 of the Homeland
Security Act of 2002 (Pub. L. 107–296).
PURPOSE(S) OF THE SYSTEM:

The purpose of this system is to
permit USCIS’s collection, use,
maintenance, dissemination, and
storage of paper and electronic
immigration-related request
information, including case processing
and decisional data. These records assist
in the processing of immigrant and
nonimmigrant benefit requests and
other immigration-related requests from
the time when USCIS collects the
information from the immigrationrelated requestor until the case receives
a final decision in the relevant case
management system.5 This system of
records enables DHS/USCIS to process
benefit requests electronically,
determine the status of pending benefit
requests, account for and control the
receipt and disposition of any fees and
refunds collected, conduct searches
pursuant to requests under the Freedom
of Information Act (FOIA) and Privacy
Act, and locate related physical and
automated files to support DHS/USCIS
responses to inquiries about these
records. This system of records may also
be used in support of monitoring
employee performance and production
reporting purposes, including tracking
an employee or contractor’s workload
and efficiency in processing a particular
benefit request, managing workloads,
and providing statistical analyses to
USCIS leadership.
DHS/USCIS maintains a replica of
some or all of the data in application
databases on DHS unclassified and
classified networks to allow for analysis
and vetting consistent with the above
stated purposes and this published
notice.
5 This system of records does not cover requests
for intercountry adoption, asylum, or refugee status.

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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include (1) individuals who
have filed, for themselves or on the
behalf of others (benefit requestors and
beneficiaries and other immigrationrelated requestors), requests for
immigration benefits and other requests
under the Immigration and Nationality
Act as amended, and/or who have
submitted fee payments or received
refunds from such requests; (2) current,
former, and potential derivatives of
requestors (family members); (3)
sponsors (e.g., employers, law
enforcement officers, or other
individuals); (4) attorneys; (5)
prospective representatives seeking
recognition from and current accredited
representatives recognized by USCIS
and/or by the Board of Immigration
Appeals (Representatives); (6)
interpreters; (7) individuals who assist
in the preparation of the immigrationrelated request forms (Preparers); (8)
individuals who make fee payments on
behalf of the immigration-related
requestor; (9) physicians who conduct
immigration-related medical
examinations; and (10) obligors (surety)
and their agents.
CATEGORIES OF RECORDS IN THE SYSTEM:

Information about benefit requestors,
beneficiaries, and family members may
include:
• Full name;
• Alias(es);
• Physical, destination, and mailing
addresses (including foreign and
domestic);
• Unique Identifying Numbers (e.g.,
Alien Number, USCIS Online Account
Number, Social Security number (SSN),
and Data Universal Numbering System
(DUNS) Number);
• Date of birth and/or death;
• Nationality and/or Place of Birth
(including city, region, and country of
birth);
• Country or countries of citizenship;
• Country of Residence;
• Gender and/or sex;
• Marital status;
• Military status;
• Phone and fax numbers;
• Email address;
• Immigration status;
• Publicly available social media
information and information from
public-facing websites;
• Responses to questions on
immigration benefit forms (e.g., have
you ever claimed to be a U.S. citizen; do
you owe any federal, state, or local
taxes)
• Government-issued identification
(e.g., passports, driver’s license, national
ID):

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Æ Document type;
Æ Issuing country and/or
organization;
Æ Document number;
Æ Issue Date;
Æ Expiration date;
• Notices and communications,
including:
Æ Receipt notices;
Æ Requests for Evidence;
Æ Notices of Intent to Deny;
Æ Proofs of benefit;
• Type of benefit requested;
• Signature (wet and digital);
• Immigration-related request fee
payment information (e.g., credit card
number, Pay.gov Payment Tracking
Number); and
• Audio-visual recordings, including
interviews and naturalization
ceremonies.
Benefit-specific eligibility information
about benefit requestor, beneficiaries,
and family members may include:
• Other unique identifying numbers
(e.g., Department of State (DOS)-Issued
Personal Identification Number, ICE
Student and Exchange Visitor Number,
USCIS E-Verify Company Identification
Number);
• Arrival/Departure Information;
• Immigration history (e.g.,
citizenship/naturalization certificate
number, apphrensions, removals,
explanations);
• Familial relationships (e.g., parent,
spouse, sibling, child, other
dependents);
• Relationship Practices (e.g.,
polygamy, custody, guardianship);
• USCIS Receipt/Case Number;
• Personal background information
(e.g., involvement with national security
threats; criminal offenses; Communist
Party membership; participation in
torture, genocide, killing, injuring,
forced sexual contact, limiting or
denying others religious beliefs,
weapons distribution, or combat
training; service in military or other
armed groups, work in penal or
detention systems);
• Records regarding organization
membership or affiliation;
• Health information (e.g.,
vaccinations, referrals, communicable
diseases, physical or mental disorders or
disabilities, prostitution, drug or alcohol
abuse);
• Travel history;
• Education history;
• Employment history;
• Professional accreditation
information;
• Financial information (e.g., credit
scores and reports, income, expenses,
scholarships, savings, assets, property,
financial support, supporter
information, life insurance, debts,
encumbrances, and tax records);

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• Public benefit information (e.g.,
applications and receipt, as well as
certication of receipt of pubic benefits);
• Supporting documentation as
necessary (e.g., birth, marriage, and
divorce certificates; licenses; academic
diplomas; academic transcripts; appeals
or motions to reopen or reconsider
decisions; explanatory statements;
deoxyribonucleic acid (DNA) results;
and unsolicited information submitted
voluntarily by the benefit requestor or
family members in support of a benefit
request);
• Physical description (e.g., height,
weight, eye color, hair color, race,
ethnicity, identifying marks like tattoos
or birthmarks);
• Description of relationships
between benefit requestors,
representatives, preparers, and family
members;
• Information regarding the status of
Department of Justice (DOJ), Executive
Office of Immigration Review (EOIR)
proceedings, if applicable; and
• Case processing information such as
date benefit requests were filed or
received by USCIS, benefit request
status, location of record, other control
number when applicable, and fee
receipt data.
Information about Benefit Sponsors
may include:
• Full name;
• Gender and/or sex;
• Physical and mailing addresses;
• Phone and fax numbers;
• Country of domicile;
• Date of birth;
• Place of birth;
• Citizenship information;
• SSN;
• A-Number;
• USCIS Online Account Number;
• Employment information;
• Financial information (e.g., income,
expenses, scholarships, savings, assets,
property, financial support, supporter
information, life insurance, debts,
encumbrances, tax records);
• Position and relationship to an
organization (e.g., manager of a
company seeking formal recognition by
USCIS);
• Family relationships (e.g., parent,
spouse, sibling, natural, foster, and/or
adopted child, other dependents); and
• Relationship practices (e.g.,
polygamy, custody, guardianship).
Information about Attorneys and
current and/or prospective Accredited
Representatives include:
• Name;
• USCIS Online Account Number
• Other identifying numbers (e.g.,
Attorney Bar Card Number or
equivalent);
• Law firm/recognized organization;

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• Physical and mailing addresses;
• Phone and fax numbers;
• Email address;
• Bar membership and Bar number;
• Accreditation date;
• Board of Immigration Appeals
Representative Accreditation;
• Expiration date;
• Law Practice Restriction
explanation;
• Educational and training history;
• Work history and qualifications;
• Academic and professional
achievements;
• Letters of recommendation; and
• Signature.
Information about Preparers and
Interpreters may include:
• Full name;
• Organization;
• Business State ID number;
• Employer Tax Identification
Number;
• Physical and mailing addresses;
• Email address;
• Phone and fax numbers;
• Relationship to benefit requestor;
and
• Signature.
Information about individuals who
make fee payments on behalf of the
immigration-related requestor includes:
• Name;
• Email address;
• Phone number;
• Mailing address; and
• Payment information.
Information about Physicians may
include:
• Full name;
• Organization name;
• Physical and mailing addresses;
• Phone number;
• Fax number;
• Professional experience;
• License number;
• Other Physician Identifying
Number(s);
• Licensing state and date of
issuance;
• Type of degree/license (such as
medical doctor, doctor of osteopathy, or
clinical psychologist);
• Type of medical practice;
• Examination dates of the benefit
requestor;
• Clinical methods used to diagnose
benefit requestor;
• Email address; and
• Signature.
Information about obligor (surety) and
its agents (co-obligor) may include:
• Name;
• Unique Identifying Number (e.g.,
Taxpayer Identification Number (TIN),
Employer Identification Number (EIN),
SSN (in some cases, the obligor’s TIN or
EIN may be the individual’s SSN, and
DUNS Number));

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• Address (Street, City, State and Zip
Code);
• Telephone Number;
• Email Address;
• Power of Attorney (evidencing
authority to act on behalf of the surety)
and Power of Attorney number;
• Signature; and
• Information about bond (e.g.,
receipt number and bond amount).
RECORD SOURCE CATEGORIES:

DHS/USCIS obtains records from the
immigration requestor, his or her
Representative, Physician, Preparer,
Interpreter, or obligor and its agents.
DHS/USCIS personnel may input
information as they process a case,
including information from internal and
external sources to verify whether a
requestor or family member is eligible
for the immigration-related request. BIS
also stores and uses information from
the following USCIS, DHS, and other
federal agency systems of records:
• DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records, September 18, 2017
(82 FR 43556);
• DHS/USCIS–005 Inter-Country
Adoptions, November 8, 2016 (81 FR
78614);
• DHS/USCIS–006 Fraud Detection
and National Security Records (FDNS),
August 8, 2012 (77 FR 47411);
• DHS/USCIS–010 Asylum
Information and Pre-Screening System
of Records, November 30, 2015 (80 FR
74781);
• DHS/USCIS–017 Refugee Case
Processing and Security Screening
Information System of Records, October
19, 2016 (81 FR 72075);
• DHS/USCIS–018 Immigration
Biometric and Background Check
Records System of Records, July 31,
2018 (83 FR 36950);
• DHS/CBP–011 U.S. Customs and
Border Protection TECS, December 19,
2008 (73 FR 77778);
• DHS/ICE–001 Student and
Exchange Visitor Information System,
January 5, 2010 (75 FR 412);
• DHS/ICE–011 Criminal Arrest
Records and Immigration Enforcement
Records (CARIER), October 19, 2016 (81
FR 72080);
• DHS/CBP–021 Arrival and
Departure Information System (ADIS),
November 18, 2015 (80 FR 72081);
• JUSTICE/EOIR–001 Records and
Management Information System,
January 25, 2007 (72 FR 3410);
• JUSTICE/FBI–002 The FBI Central
Records System, January 25, 2007 (72
FR 3410);
• JUSTICE/FBI–009 Fingerprint
Identification Records System (FIRS),
January 25, 2007 (72 FR 3410);

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• DOL/ETA–7 Employer Application
and Attestation File for Permanent and
Temporary Alien Workers, January 10,
2012 (77 FR 1728);
• STATE–05 Overseas Citizens
Services Records, May 2, 2008 (73 FR
24343);
• STATE–26 Passport Records, July 6,
2011 (76 FR 34966);
• STATE–39 Visa Records, October
25, 2012 (77 FR 65245); and
• TREASURY/FMS–017 Collections
Records, May 15, 2009 (74 FR 23006).
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
individuals who received benefit
requests for special protected classes
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
individuals who received 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 nonimmigrant visas protected
under special confidentiality provisions
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.
These confidentiality provisions do not
prevent DHS from disclosing
information to the DOJ and U.S.
Attorneys Offices 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 DOJ, including the U.S.
Attorney’s Offices, or other federal
agencies conducting litigation or
proceedings before any court,
adjudicative, or administrative body,
when it is relevant or necessary to the
litigation or proceeding and one of the
following is a party to the litigation or
proceeding or has an interest in such
litigation or proceeding:
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,
only when DOJ or DHS has agreed to
represent the employee; or

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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. secs. 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 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 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.
H. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative

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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.
I. To clerks and judges of courts
exercising naturalization jurisdiction for
the purpose of filing applications for
naturalization and to enable such courts
to determine eligibility for
naturalization or grounds for revocation
of naturalization.
J. To the Department of State for the
purpose of assisting in the processing of
benefit requests under the Immigration
and Nationality Act, and all other
immigration and nationality laws
including treaties and reciprocal
agreements.
K. To appropriate federal, state, tribal,
and local government law enforcement
and regulatory agencies, foreign
governments, and international
organizations, as well as to other
individuals and organizations during
the course of an investigation by DHS or
the processing of a matter under DHS
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 to elicit information required
by DHS to carry out its functions and
statutory mandates.
L. To an appropriate federal, state,
local, tribal, foreign, or international
agency, if the information is relevant
and necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual; issuance of a
security clearance, license, contract,
grant, or other benefit; or if the
information is relevant and necessary 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 and
when such disclosure is appropriate to
the proper performance of the official
duties of the person making the request.
M. 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.
N. To an attorney or representative (as
defined in 8 CFR 1.1(j)) who is acting on
behalf of an individual covered by this
system of records in connection with
any proceeding before DHS/USCIS or

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the DOJ Executive Office for
Immigration Review.
O. To a federal, state, tribal, or local
government agency to assist such
agencies in collecting the repayment of
loans, fraudulently or erroneously
secured benefits, grants, or other debts
owed to them or to the U.S.
Government, or to obtain information
that may assist USCIS in collecting
debts owed to the U.S. Government;
P. To a foreign government to assist
such government in collecting the
repayment of loans, fraudulently or
erroneously secured benefits, grants, or
other debts owed to it, provided that the
foreign government in question:
1. Provides sufficient documentation
to establish the validity of the stated
purpose of its request; and
2. Provides similar information to the
United States upon request.
Q. To a coroner for purposes of
affirmatively identifying a deceased
individual (whether or not such
individual is deceased as a result of a
crime).
R. Consistent with the requirements of
the Immigration and Nationality Act, 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 foreign nationals and of those
requesting status as a lawful permanent
resident; and
2. To ensure that all health issues
potentially affecting public health and
safety in the United States are being, or
have been, adequately addressed.
S. 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.
T. To the Social Security
Administration (SSA) for the purpose of
issuing a Social Security number and
card to an alien who has made a request
for a Social Security number 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); and 422.106(a), or other
relevant laws and regulations.
U. 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

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54627

personnel-related or other official
purposes when the Department requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
V. To an individual’s prospective or
current employer to the extent necessary
to determine employment eligibility
(e.g., pursuant to the Form I–140,
Immigrant Petition for Alien Worker) or,
USCIS may share information with the
petitioning employers to aid in the
approval or denial of a request to
become a permanent resident.
W. To a federal, state, or local agency,
or other appropriate entities or
individuals, or through established
liaison channels to selected foreign
governments, in order to provide
intelligence, counterintelligence, or
other information for the purposes of
intelligence, counterintelligence, or
antiterrorism activities authorized by
U.S. law or Executive Order.
X. To approved federal, state, and
local government agencies that grant
public benefits, licenses, grants,
governmental credentials, or for any
other statutorily authorized purpose
when the immigration status of the
benefit applicant is legally required and
an approved Memorandum of
Agreement or Computer Matching
Agreement (CMA) is in place between
DHS and the entity.
Y. To the Department of Labor for
enforcement of labor certification
violations and violations of U.S. labor
laws.
Z. To the news media and the public
during the course of naturalization
ceremonies administered by USCIS or a
Federal Judge. Pursuant to 8 CFR 337.2
individuals to be naturalized are
generally required to appear in a public
ceremony, unless an appearance is
specifically excused.
AA. To the Department of Treasury to
perform initial processing of benefit
requests and to accept and resolve
payment and any related issues.
BB. To appropriate federal, state,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations, with the approval of the
Chief Privacy Officer, when DHS is
aware of a need to use relevant data,
that relate to the purpose(s) stated in
this SORN, for purposes of testing new
technology.
CC. To federal, state, local, and tribal
benefit granting agencies (e.g., Social
Security, housing, food, unemployment)
to ascertain whether public benefits
have been issued to the immigration
requestor.
DD. To an individual or entity seeking
to post or arrange, or who has already

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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.
EE. To a consulting entity (e.g., a labor
organization or management
organization) that provided an advisory
opinion on a petition to USCIS seeking
O or P nonimmigrant classification.
USCIS may disclose the outcome of the
petition to the consulting entity that
provided an advisory opinion on the
petition.
FF. 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 a clearly 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, such as in a locked
drawer or behind a locked door. The
records may also be stored on magnetic
disc, tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

DHS/USCIS may retrieve records by
using 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.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

USCIS receives and adjudicates
immigration request forms. Each form
type is governed by a respective
retention schedule and each form type’s
retention period is dictated by USCIS’s
final action on the form (e.g., approved,
denied, abandoned, withdrawn,
administratively closed, and rejected).
Immigration request forms and
supplemental documentation that
constitute the official record of an
individual’s immigration history are
stored in the individual’s paper and/or
electronic Alien File. The Alien File

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records are permanent, whether hard
copy or electronic. DHS/USCIS is
eligible to transfer Alien Files to the
custody of NARA 100 years after the
individual’s date of birth.
USCIS uses multiple case
management systems for the processing,
adjudication, and management of paper
and electronically filed immigration
request forms. Each case management
system retains records in accordance
with NARA-approved retention
schedules. Generally, information is
retained between 25–50 years from the
last completed action. The duration of
the NARA-approved retention schedules
allows USCIS to address any follow-up
inquiries or requests related to the
immigration request form, including
inquiries related to law enforcement,
public safety, national security, and to
FOIA and Privacy Act matters. These
retention periods allow USCIS to
provide as much information as possible
to an individual regarding his or her
immigration history.
Electronic notices and
communications associated with an
immigration request, to include
Approval or Denial letters, Requests for
Evidence, Notices of Intent to Deny,
Appeal/Motion Responses, etc., are
retained for 13 years after the last
completed action with respect to the
benefit.
Records of electronic appointments
with USCIS are maintained for 60 days
after the date of the appointment.
Daily reports generated by associated
information technology systems are
maintained in accordance with the
general records retention schedule that
permits USCIS to destroy reports when
no longer needed.
Records replicated on the unclassified
and classified networks for analysis and
vetting will follow the same retention
schedule.
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:

Individuals seeking access to and
notification of any record contained in

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this system of records, or seeking to
contest its content, may submit a
request in writing or electronically to
the Chief Privacy Officer or USCIS’s
FOIA Officer, whose contact
information can be found at http://
www.dhs.gov/foia under ‘‘Contact
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
provides a right of access, certain
records may be available under the
FOIA.
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/her identity, meaning that the
individual must provide his/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 he or she believe the
Department would have information
being requested;
• Identify which component(s) of the
Department he or she believe may have
the information;
• 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 the second
individual certifying that individual’s
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.

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CONTESTING RECORD PROCEDURES:

NOTIFICATION PROCEDURES:

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

None. However, when this system
receives a record from another system
exempted under 5 U.S.C. 552a, DHS
will claim the same exemptions for
those records that are claimed for the
original primary systems of records from
which they originated.
HISTORY:

81 FR 72069 (October 19, 2016); 73 FR
56596 (September 29, 2008).
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2019–22156 Filed 10–9–19; 8:45 am]
BILLING CODE 9111–17–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7022–N–01]

60-Day Notice of Proposed Information
Collection: Opportunity Zone Grant
Certification Form
Office of Field Policy and
Management, HUD.
ACTION: Notice.
AGENCY:

HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.

SUMMARY:

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Comments Due Date: December
9, 2019.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT: Alex
Stowe, Advisor, Field Policy and
Management, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email
alexander.d.stowe@hud.gov or
telephone 202–402–5309. This is not a
toll-free number. Persons with hearing
or speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339. Copies of available documents
submitted to OMB may be obtained
from Mr. Stowe.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
DATES:

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

A. Overview of Information Collection
Title of Information Collection:
Certification of Consistency With
Opportunity Zone Initiative-Related
Activity.
OMB Approval Number: 2501–.
Type of Request: New Collection.
Form Number: HUD–XXXX
Certification for Opportunity Zone
Preference Points.
Description of the need for the
information and proposed use: This
collection is a new collection regarding
information for preference points in
certain competitive federal grants and
technical assistance applications. In
accordance with Executive Order 13853,
Establishing the White House
Opportunity and Revitalization Council
(‘‘WHORC’’ or ‘‘Council’’), signed by

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President Trump on December 12, 2018,
the Department of Housing and Urban
Development (HUD) has added
preference points to grants in an effort
to strategically target investment in
communities designated as Opportunity
Zones. To ensure that HUD’s resources
are being used to further the mission of
the Executive Order and the WHORC
Implementation Plan (published April
17, 2019), HUD has drafted the
proposed certification form. This form
will certify that valuable HUD resources
are in fact being targeted to and
expended in America’s most
economically distressed areas, including
Opportunity Zones. Additionally, it will
enable HUD to gather and analyze the
most accurate data regarding the use of
taxpayer funds; specifically, how they
are being utilized by our grantee
partners to support the President’s
mission of revitalizing distressed
communities. The collection of this
information will help to guide the
Department through future grant awards
and inform HUD’s strategy to maximize
non-profit and private sector
investment.
Additionally, pending approval of
this form on HUD’s behalf, we
anticipate that the following Agencies
will also implement this form:
Agriculture, Commerce, Education,
Justice, Health and Human Services,
Labor, Transportation, Interior,
Commerce, Energy, Veterans Affairs, the
Small Business Administration and the
Environmental Protection Agency.
Public and private investment in
America’s historically overlooked
communities will be used to increase
the supply of affordable housing to
bolster economic development, support
entrepreneurship, promote
neighborhood safety, and expand
employment and educational
opportunities. For more information
about the mission of the WHORC and to
learn about the activities and vision of
the federal agencies that comprise the
Council, visit https://www.hud.gov/
sites/dfiles/Main/documents/WHORCImplementation-Plan.pdf.
Respondents (i.e., affected public):
HUD grant applicants applying for
preference points for activities
conducted within or benefiting
designated Qualified Opportunity Zone
census tracts.

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