From: Subject: Federal Register, Volume 76 Issue 183 (Wednesday, September 21, 2011) Date: Thu, 8 Dec 2011 12:38:55 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2011-09-21/html/2011-24221.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6109 =EF=BB=BF Federal Register, Volume 76 Issue 183 (Wednesday, = September 21, 2011) 
[Federal Register Volume 76, Number 183 (Wednesday, September =
21, 2011)]
[Notices]
[Pages 58525-58529]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2011-24221]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0071]


Privacy Act of 1974; Department of Homeland Security, U.S.=20
Citizenship and Immigration Services--004 Systematic Alien Verification=20
for Entitlements Program System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of revision and republication of Privacy Act System of=20
Records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of=20
Homeland Security proposes to revise an existing Department of Homeland=20
Security system of records notice titled ``DHS/USCIS-004 Verification=20
Information System'' system of records and republish it as ``DHS/USCIS-
004 Systematic Alien Verification for Entitlements Program'' system of=20
records. Previously, the Department of

[[Page 58526]]

Homeland Security published a single system of records notice for both=20
the E-Verify and Systematic Alien Verification for Entitlements=20
Programs as part of the underlying technology, the Verification=20
Information System on December 11, 2008. On May 11, 2010 the Department=20
of Homeland Security published the Department of Homeland Security/
United States Citizenship and Immigration Services--011 E-Verify=20
Program system of records. The Department of Homeland Security now=20
proposes to revise and republish the Department of Homeland Security/
United States Citizenship and Immigration Services--004 Verification=20
Information System system of records as the Department of Homeland=20
Security/United States Citizenship and Immigration Services--004=20
Systematic Alien Verification for Entitlements Program system of=20
records. The United States Citizenship and Immigration Services=20
Verification Division administers the Systematic Alien Verification for=20
Entitlements Program. The Systematic Alien Verification for=20
Entitlements Program is a fee-based intergovernmental initiative=20
designed to help Federal, state, tribal, and local government agencies=20
check immigration status when granting benefits, licenses, and other=20
lawful purposes. On the publication of this SORN, the Verification=20
Information System system of records notice will no longer be=20
applicable. This newly established system will be included in the=20
Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before October 21, 2011. This new system=20
will be effective October 21, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0071 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include=20
Department of Homeland Security as the agency name and docket number=20
for this rulemaking. All comments received will be posted without=20
change to http://www.regulations.gov/, =
including any personal=20
information provided by the submitter.
     Docket: For access to the docket to read background=20
documents or comments received go to http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
Janice Jackson, Acting Privacy Branch, Chief, Verification Division,=20
U.S. Citizenship and Immigration Services, Department of Homeland=20
Security, 131 M Street NE., Suite 200, MS 2600, Washington, DC 20529.=20
For privacy issues please contact: Mary Ellen Callahan (703-235-0780),=20
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland=20
Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    Congress mandated that the Immigration and Naturalization Service,=20
as a precursor to the Department of Homeland Security (DHS) United=20
States Citizenship and Immigration Services (USCIS), establish a system=20
to verify the immigration status of individuals seeking government=20
benefits. Authority for having a system for verification of citizenship=20
and immigration status of individuals seeking government benefits can=20
be found in the Immigration Reform and Control Act of 1986 (IRCA),=20
Public Law (Pub. L.) 99-603; the Personal Responsibility and Work=20
Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193,=20
110 Stat. 2168; Title IV, Subtitle A, of the Illegal Immigration Reform=20
and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law 104-208,=20
110 Stat. 3009; and the Real ID Act of 2005, Public Law 109-13. Based=20
on these authorities and in accordance with the Privacy Act of 1974, 5=20
U.S.C. 552a, DHS USCIS proposes to establish a new DHS system of=20
records titled ``DHS/USCIS-004 Systematic Alien Verification for=20
Entitlements Program System of Records.''
    USCIS Verification Division administers the Systematic Alien=20
Verification for Entitlements (SAVE) Program, a fee-based=20
intergovernmental initiative designed to help Federal, state, tribal,=20
and local government agencies check immigration status when granting=20
benefits, licenses, and other lawful purposes. SAVE is supported by and=20
uses information derived from individuals, partner agencies, the=20
Verification Information System (VIS) and other DHS, Department of=20
State, and Department of Justice systems.
    The REAL ID Act of 2005, Public Law 109-13, 119 Stat. 231, 302=20
(2005) (codified at 49 U.S.C. 30301 note) requires all state=20
Departments of Motor Vehicles (DMV) to utilize the USCIS SAVE program=20
to verify the legal immigration status of applicants for driver's=20
licenses, driver's permits, and state-issued identification cards.=20
Congress delayed the initial implementation date from May 2008 until=20
December 2009. DMVs access SAVE through the American Association of=20
Motor Vehicle Administrators Network (AAMVAnet) or via Internet access=20
using Web 3 or Web Services, which is a support service that allows=20
SAVE customer agencies to access VIS information through a software=20
interface.
    Previously, USCIS documented the SAVE and E-Verify Programs in the=20
VIS Privacy Impact Assessment (PIA) and System of Records Notice=20
(SORN). VIS was and continues to be the underlying technology of both=20
systems. In order to assist the public in better understanding the two=20
programs, USCIS has issued a separate E-Verify SORN and, with this=20
publication, is updating the original VIS SORN with this updated SORN.=20
SAVE is described in previous SORNs, most recently in the VIS SORN (73=20
FR 75445, December 11, 2008).

SAVE Usage Overview

    The SAVE Program was originally limited to immigration status=20
verification for eligibility determinations of any public benefit,=20
license, or credential--the benefit or ``entitlement'' referred to in=20
the name of the program. However, over time the scope of SAVE has grown=20
to include the implementation of Section 642(c) of IIRIRA, which=20
obligates USCIS to respond to inquiries ``by a federal, state, or local=20
government agency seeking to verify or ascertain the citizenship or=20
immigration status of any individual within the jurisdiction of the=20
agency for any purpose authorized by law.'' This expansion was=20
highlighted in previous versions of the SAVE Privacy Impact Assessment=20
(PIA).
    Accordingly, to the extent that a Federal, state, or local=20
government entity has the legal authority to verify immigration status,=20
SAVE, as an access method to USCIS systems, is authorized to respond to=20
the request. Specifically, in addition to verifications for purposes of=20
granting government benefits, this includes verification for purposes=20
of background investigations for individuals, and cohabitants of the=20
individuals undergoing background investigations.
    Government agencies input biographic information into SAVE for=20
status determinations. If SAVE has a record pertaining to the=20
individual, the government agency automatically receives limited=20
biographic information on the citizenship and immigration status of the=20
individual. If SAVE does

[[Page 58527]]

not have a record pertaining to the individual, SAVE prompts the=20
customer agency asking if they would like a manual second step=20
verification, with possible escalation to a manual third step=20
verification, Form G-845, if appropriate. Although SAVE may receive a=20
Social Security Number (SSN) from its supporting VIS systems or=20
customer agencies as part of a status determination, it does not=20
specifically request or return SSNs in its responses.
    The primary use of the SAVE information is to provide immigration=20
status information for any legally mandated purpose to Federal, state,=20
and local government customer agencies. The majority of customer=20
agencies use SAVE to determine if applicants are entitled to receive=20
the public benefits, licenses, or credentials that they administer. For=20
example, based on IRCA, customer agencies use SAVE when providing=20
benefits such as education and housing assistance, unemployment=20
benefits, and Medicaid or other state health insurance benefits.=20
PRWORA, through its definition of public benefits, allows customer=20
agencies to use SAVE to determine the immigration status for purposes=20
such as granting licensing and loans. (IIRIRA) provides for customer=20
agencies to use SAVE for any legal purpose, such as credentials,=20
background investigations, and voter registration. In addition, the=20
Real ID Act of 2005 requires that all states utilize SAVE to verify the=20
immigration status of individuals claiming to be non-U.S. citizens for=20
driver's licenses, driver's permits, and identification cards.
    Information in SAVE will only be used for SAVE verifications and=20
other purposes incidental to the SAVE process, such as customer agency=20
registration and relationship management, user accountability, program=20
quality management, and monitoring and compliance activities.
    In accordance with the Privacy Act of 1974, DHS proposes to=20
establish a new DHS system of records notice titled ``DHS/USCIS-004--
Systematic Alien Verification for Entitlements Program'' system of=20
records. The USCIS Verification Division administers the SAVE Program.=20
SAVE is an intergovernmental initiative designed to assist benefit-
granting Federal, state, and local agencies determine if non-U.S.=20
citizen applicants are entitled to receive the public benefits,=20
licenses, or credentials that they administer. Previously, DHS=20
published a single system of records notice for the E-Verify and SAVE=20
Programs as part of the underlying technology, VIS (73 FR 75445,=20
December 11, 2008). DHS is now publishing separate system of records=20
notices for E-Verify and SAVE in order to assist the public in better=20
understanding these programs. This newly established system of records=20
will be included in DHS's inventory of record systems.
    With the publication of this SAVE SORN to accompany the E-Verify=20
SORN (76 FR 26738, May 9, 2011), the VIS SORN will be retired.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a=20
statutory framework governing the means by which the U.S. Government=20
collects, maintains, uses, and disseminates individuals' records. The=20
Privacy Act applies to information that is maintained in a ``system of=20
records.'' A ``system of records'' is a group of any records under the=20
control of an agency for which information is retrieved by the name of=20
an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass U.S. citizens and lawful=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals where systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors. Below is the description of the DHS/USCIS-004 Systematic=20
Alien Verification for Entitlements Program System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this system of records to the Office of Management and Budget and to=20
Congress.
System of Records:
DHS/USCIS-004

System name:
    Department of Homeland Security U.S. Citizenship and Immigration=20
Services--004 Systematic Alien Verification for Entitlements Program=20
System of Records.

Security classification:
    Unclassified, for official use only.

System location:
    Records are maintained at USCIS Headquarters in Washington, DC and=20
field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include both U.S.=20
citizens and non-U.S. citizens covered by provisions of the Immigration=20
and Nationality Act of the United States, including individuals who=20
have been lawfully admitted to the United States, individuals who have=20
been granted or derived U.S. citizenship, and individuals who have=20
applied for other immigration benefits pursuant to 8 United States Code=20
(U.S.C.) 1103 et seq.
    SAVE users are covered by the DHS/ALL-004--General Information=20
Technology Access Account Records System SORN (74 FR 49882, last=20
published September 29, 2009).

Categories of records in the system:
    A. Information collected from the benefit applicant by the customer=20
agency to facilitate immigration status verification may include the=20
following about the benefit applicant: receipt number, Alien Number (A-
Number), admission number (I-94 number), name (last, first, middle),=20
date of birth, country of birth, customer agency case number, DHS=20
document type, DHS document expiration date, Immigration and Custom=20
Enforcement's (ICE) Student and Exchange Visitor Identification System=20
(SEVIS) ID, foreign passport number, visa number, social security=20
number (in very limited circumstances using the Form G-845, Document=20
Verification Request), and type of benefit(s) for which the applicant=20
has applied (e.g., unemployment insurance, educational assistance,=20
driver licensing, etc.).
    B. System-generated responses as a result of the SAVE verification=20
process including case verification number and SAVE response.
    C. Any information on the individual may be verified through SAVE=20
from the following Federal databases: Arrival/Departure Information=20
System (ADIS), Central Index System (CIS), Computer-Linked Application=20
Information Management System 3 & 4 (CLAIMS 3 & CLAIMS 4), =
Customer=20
Profile Management System (CPMS), Student and Exchange Visitor=20
Identification System (SEVIS), Customs and Border Protection's (CBP)=20
Nonimmigrant Information System and Border Crossing Information (NIIS=20
and BCI), Enforcement Integrated Database (EID), Enforcement Alien=20
Removal Module (EARM), Enterprise Document Management System (EDMS),=20
Marriage Fraud Amendment System (MFAS), Microfilm Digitization=20
Application System (MiDAS), National File Tracking System (NFTS),=20
Refugees, Asylum, and Parole System (RAPS), Reengineered Naturalization=20
Applications Casework System (RNACS), Image Storage and Retrieval=20
System (ISRS), and immigration status (e.g., Lawful Permanent Resident)=20
from the

[[Page 58528]]

Department of Justice Executive Office of Immigration Review (EOIR)=20
System (EOIR) and the Department of State the Consular Consolidated=20
Database (DOS-CCD).
    The individual information that may be verified through SAVE=20
includes: A-Number, name (last, first, middle), date of birth, date=20
entered into the United States (entry date), country of birth, class of=20
admission code, file control office code, SSN, I-94 number, provision=20
of law code cited for employment authorization, alien's status change=20
date, date admitted until, country of citizenship, port of entry,=20
departure date, visa number, passport number, passport information,=20
passport card number, document receipt number, form numbers (e.g., Form=20
I-551 Lawful Permanent Resident Card or Form I-766 Employment=20
Authorization Document), SEVIS Identification Number (SEVIS ID),=20
naturalization date, Federal Bureau of Investigation Number (FIN),=20
beneficiary alien number, beneficiary date of birth, beneficiary=20
country of birth, beneficiary SSN, beneficiary last name, beneficiary=20
first name, beneficiary middle name, petitioner alien number,=20
petitioner SSN, petitioner naturalization certificate number,=20
petitioner first name, petitioner last name, petitioner firm name, and=20
petitioner tax number. This information may also include spouse's name=20
(last first, middle), date of birth, country of birth, country of=20
citizenship, class of admission, date of admission, A-Number, receipt=20
number, phone number, marriage date and place, and naturalization date=20
and place; child's name(s) (last, first, middle), date of birth,=20
country of birth, class of admission, A-Number; and employer=20
information: Name, address, supervisor's name, and supervisor's phone=20
number, case history, alerts, case summary comments, case category,=20
date of encounter, encounter information, custody actions and=20
decisions, case actions and decisions, bonds, and photograph, asylum=20
applicant receipt date, airline and flight number, country of=20
residence, city where boarded, city where visa was issued, date visa=20
issued, address while in the United States, nationality, decision=20
memoranda, investigatory reports and materials compiled for the purpose=20
of enforcing immigration laws, exhibits, transcripts, and other case-
related papers concerning aliens, alleged aliens, or lawful permanent=20
residents brought into the administrative adjudication process.

Authority for maintenance of the system:
    Authority for having a system for verification of immigration=20
status is found in IRCA, Public Law 99-603, 100 Stat. 3359; PRWORA,=20
Public Law 104-193, 110 Stat. 2105; Title IV, Subtitle A, of IIRIRA,=20
Public Law 104-208, 110 Stat. 3009; and the REAL ID Act of 2005, Public=20
Law 109-13, 119 Stat. 231.

Purpose(s):
    The purpose of the SAVE Program is to provide a fee-based=20
intergovernmental service, which assists Federal, state, Tribal, or=20
local government agencies, or contractors acting on the agency's behalf=20
and licensing bureaus confirm immigration status information, to the=20
extent that such disclosure is necessary to enable these agencies to=20
make decisions related to: (1) Determining of eligibility for a=20
Federal, state, or local public benefit; (2) issuing a license or=20
grant; (3) issuing a government credential; (4) conducting a background=20
investigation; or (5) any other lawful purpose.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including U.S. Attorney=20
Offices, or other Federal agencies conducting litigation or in=20
proceedings before any court, adjudicative or administrative body, when=20
it is necessary to the litigation and one of the following is a party=20
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or=20
DHS has agreed to represent the employee; or
    4. The U.S. or any agency thereof, is a party to the litigation or=20
has an interest in such litigation, and DHS determines that the records=20
are both relevant and necessary to the litigation and the use of such=20
records is compatible with the purpose for which DHS collected the=20
records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or=20
other Federal government agencies pursuant to records management=20
inspections being conducted under the authority of 44 U.S.C. 2904 and=20
2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. DHS has determined that as a result of the suspected or=20
confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
    G. To an appropriate Federal, state, Tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.
    H. To approved Federal, state, and local government agencies for=20
any legally mandated purpose in accordance with their authorizing=20
statute or law and where an approved Memorandum of Agreement (MOA) or=20
Computer Matching Agreement (CMA) is in place between DHS and the=20
entity.

Disclosure to consumer reporting agencies:
    None.

[[Page 58529]]

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by name of applicant or other unique=20
identifier to include: Verification number, A-Number, I-94 number, SSN,=20
Passport number, Visa number, SEVIS ID, or by the submitting agency=20
name.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions.

Retention and disposal:
    The retention and disposal schedule, N1-566-08-7, has been approved=20
by the National Archives and Records Administration. Records collected=20
in the process of enrolling in SAVE and in verifying citizenship or=20
immigration status are stored and retained in SAVE for ten (10) years=20
from the date of the completion of verification, unless the records are=20
part of an on-going investigation in which case they be retained until=20
completion of the investigation. This period is based on the statute of=20
limitations for most types of misuse or fraud possibly using SAVE=20
(under 18 U.S.C. 3291, the statute of limitations for false statements=20
or misuse regarding passports, citizenship, or naturalization=20
documents).

System Manager and address:
    Chief, Verification Division, U.S. Citizenship and Immigration=20
Services, 131 M Street NE., Suite 200, MS 2600, Washington, DC 20529.

Notification procedure:
    Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to the USCIS's FOIA Officer whose=20
contact information can be found at http://www.dhs.gov/foia under=20
``contacts.'' If an individual believes more than one component=20
maintains Privacy Act records concerning him or her the individual may=20
submit the request to the Chief Privacy Officer and Chief Freedom of=20
Information Act Officer, Department of Homeland Security, 245 Murray=20
Drive, SW., STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or=20
any other Departmental system of records your request must conform with=20
the Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Chief Privacy=20
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/ or 1-866-431-0486. =
In addition you should provide the=20
following:
     An explanation of why you believe the Department would=20
have information on you;
     Identify which component(s) of the Department you believe=20
may have the information about you;
     Specify when you believe the records would have been=20
created;
     Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records;=20
and
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able=20
to conduct an effective search, and your request may be denied due to=20
lack of specificity or lack of compliance with applicable regulations.

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

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

Record source categories:
    Records are obtained from several sources to include: (A) Agencies=20
seeking to determine immigration status; (B) individuals seeking public=20
licenses, benefits, or credentials; (C) information collected from the=20
Federal databases listed in the Category of Records section above; and=20
(D) information created by SAVE.

Exemptions claimed for the system:
    None.

    Dated: August 26, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-24221 Filed 9-20-11; 8:45 am]
BILLING CODE 9111-97-P