Privacy Act: Verification Information System Records Notice, 17569-17573 [E7-6611]
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Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices
Number of
respondents
42 CFR citation
64a.105(b)(2): Annual Payback Activities Certification—SMA 111–2 .............
Average
burden
per response
(Hrs.)
Responses
per
respondent
*57
1
.18
Annual burden
(hrs.)
10
* The actual number of trainees is now 83, less the estimated number in 3 years of 30 = 53; 53 divided by 2 = 27; 27 + 30 = 57.
Written comments and
recommendations concerning the
proposed information collection should
be sent by May 9, 2007 to: SAMHSA
Desk Officer, Human Resources and
Housing Branch, Office of Management
and Budget, New Executive Office
Building, Room 10235, Washington, DC
20503; due to potential delays in OMB’s
receipt and processing of mail sent
through the U.S. Postal Service,
respondents are encouraged to submit
comments by fax to: 202–395–6974.
Dated: April 2, 2007.
Elaine Parry,
Acting Director, Office of Program Services.
[FR Doc. E7–6474 Filed 4–6–07; 8:45 am]
BILLING CODE 4162–20–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket Number DHS–2007–0010]
Privacy Act: Verification Information
System Records Notice
Privacy Office, Department of
Homeland Security.
ACTION: Notice to alter a system of
records; request for comments.
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AGENCY:
SUMMARY: As part of its ongoing effort to
review and update the legacy system of
records notices, the Department of
Homeland Security is altering
previously established Privacy Act
systems of records published by the
former Immigration and Naturalization
Service for the Verification and
Information System (VIS) Justice/INS–
035 published October 17, 2002 (67 FR
64134) and Alien Status Verification
Index (ASVI) Justice/INS–009 published
September 7, 2001 (66 FR 46815). The
Department of Homeland Security will
consolidate information from different
systems of records notices and is adding
new sources of data to the VIS to update
the routine uses that were previously
published for this system of records.
DATES: The established systems of
records will be effective on May 9, 2007.
ADDRESSES: You may submit comments,
identified by Docket Number DHS–
2007–0010 by one of the following
methods:
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• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, Chief Privacy
Officer, Department of Homeland
Security, Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT: For
system related questions please contact:
Gerri Ratliff, Verification Division, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 111
Massachusetts Avenue, NW.,
Washington, DC 20529. For privacy
issues please contact: Hugo Teufel III,
Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. USCIS Verification Information
System
In various statutes, Congress
mandated that USCIS establish a system
that can be used to verify citizenship
and immigration status of individuals
seeking government benefits and
establish a system for use by employers
to determine whether a newly hired
employee is authorized to work in the
United States. USCIS implemented this
mandate through the Systematic Alien
Verification for Entitlements (SAVE)
program for government benefits and
the Basic Pilot Program for determining
whether a newly hired employee is
authorized to work in the United States.
The Verification Information System
(VIS) is the technical infrastructure that
enables USCIS to operate SAVE and
Basic Pilot. VIS is a nationally
accessible database of selected
immigration status information
containing in excess of 100 million
records. Government agencies use SAVE
information to help determine whether
a non-citizen is eligible for any public
benefit, license or credential based on
citizenship and immigration status.
Private employers and government users
use Basic Pilot information to determine
whether a newly hired employee is
authorized to work in the United States.
VIS is currently comprised of
citizenship, immigration and
employment status information from
several DHS systems of records,
including records contained in the U.S.
Customs and Border Protection (CBP)
Treasury Enforcement Communication
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Systems (TECS) (66 FR 52984), the
Image Storage and Retrieval System
(ISRS) (66 FR 6672), the USCIS Central
Index System (CIS) (72 FR 1755), and
the USCIS Computer Linked
Application Information Management
System (CLAIMS 3) (62 FR 11919).
This System of Records Notice is
replacing the following systems of
records previously published by
Department of Justice’s Immigration and
Naturalization Service (DOJ/INS): the
DOJ/INS 009 Alien Status Verification
Index system (ASVI) (66 FR 46815) and
the DOJ/INS 035 Verification
Information System (VIS) (67 FR 64134).
A. SAVE Program
The SAVE Program, which is
supported by VIS, provides government
agencies with citizenship and
immigration status information for use
in determining an individual’s
eligibility for government benefits.
Government agencies input biographic
information into VIS for government
benefit eligibility determinations and if
VIS has a record pertaining to the
individual, the government agency will
receive limited biographic information
on the citizenship and immigration
status of the individual applying for a
benefit. If VIS does not have a record
pertaining to the individual, VIS
automatically notifies a USCIS
Immigration Status Verifier (ISV). The
ISV then conducts a manual search of
other DHS databases to determine
whether there is any other information
pertaining to that individual that would
provide citizenship and immigration
status. If the ISV finds additional
relevant information, citizenship and
immigration status data is provided to
the requesting government agency user
through VIS. The ISV will also update
the appropriate record in USCIS’ CIS
database. The REAL ID Act requires that
beginning May 2008, with a possible
extension for States until December
2009, all states routinely utilize the
USCIS SAVE program to verify the legal
immigration status of applicants for
driver’s licenses and identification
cards.
B. Basic Pilot
VIS also supports the Basic Pilot
Program, a free and voluntary program
allowing participating employers to
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verify the employment eligibility of
newly hired employees. The program is
a collaboration between the Social
Security Administration (SSA) and
USCIS.
After an individual is hired by the
employer and completes the Form I–9,
employers input information from
Sections 1 and 2 of the Form I–9 into
the Basic Pilot portion of VIS. This
query is first sent from VIS to SSA to
verify social security information. If
SSA cannot verify the employee’s social
security information, SSA will send a
response to VIS which in turn will
notify the employer of SSA’s inability to
verify the information provided by
employee. The employer is then
required to provide information to the
employee about how the employee may
contact SSA to resolve any issues. If
SSA is able to verify the employee
information and verify that the
individual is a U.S. Citizen, (‘‘USC’’),
VIS provides a confirmation to the
employer. No further action is taken by
VIS. If SSA is able to verify the
employee information and the
individual is a non-USC, the VIS system
continues the process in order to verify
employment authorization. Through
VIS, USCIS provides the employer with
a case verification number and the
disposition of whether an employee is
authorized to work. If VIS does not have
a record pertaining to the individual,
VIS automatically notifies an ISV. The
ISV then conducts a manual search of
other DHS databases to determine
whether there is any other information
pertaining to that individual that would
provide employment eligibility status. If
the ISV cannot determine the person’s
work eligibility, VIS notifies the
employer that the employee must
contact USCIS. If it is determined that
an employee is not authorized to work
after the employee is referred to SSA or
USCIS, the employer may terminate the
individual’s employment.
Performing a verification query
through the Basic Pilot system is only
legally permissible after an offer of
employment has been extended to an
employee. The earliest the employer
may initiate a query is after an
individual accepts an offer of
employment and after the employee and
employer complete the Form I–9. The
employer must initiate the query no
later than the end of three business days
after the new hire’s actual start date.
Information from the Basic Pilot cannot
be used to pre-screen individuals, rescreen individuals after being employed
for longer than three days, or
discriminate against individuals legally
authorized to work in the United States.
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C. Updates to VIS
VIS previously consolidated
information from different DHS Systems
of Records, with this update VIS will
now add additional data elements from
different DHS Systems of Records in
order to enhance data completeness
within VIS. USCIS is currently
enhancing the employment verification
function of VIS to allow an employer to
query the system by inputting the new
hire’s USCIS receipt number, which is
located on the secure Form I–551
(Permanent Resident Card) or the secure
Form I–766 (Employment Authorization
Document). The receipt number is a
unique number associated with the
issuance of the card. In addition, USCIS
is piloting a new functionality that
allows employers using Basic Pilot to
compare the photo contained on secure
issued USCIS cards against the photo on
file in ISRS and/or the USCIS Biometric
Storage System (BSS) (when deployed).
These enhancements will significantly
improve the speed at which USCIS will
be able to verify the employment
eligibility of many non-citizen new
hires and reduce the likelihood of
identity fraud through forged
documents.
Once deployed, additional data
elements from the BSS and ICE’s
Student and Exchange Visitor
Information System (SEVIS) will be
added to the VIS system. In order to
support programmatic goals, the system
will also have improved audit and
reporting capability so that USCIS can
better identify misuse of the system and
programs supported by the system.
assist the individual to more easily find
such files within the agency.
In accordance with 5 U.S.C. 552a(r), a
report on this system has been sent to
Congress and to the Office of
Management and Budget.
SYSTEM OF RECORDS:
DHS/USCIS–004.
SYSTEM NAME:
U.S. Citizenship and Immigration
Services Verification Information
System (VIS).
SYSTEM LOCATION:
The Verification Information System
(VIS) database is housed in a contractorowned facility in Meriden, CT. The
system is accessible via the Internet,
Web services, Secure File Transfer
Protocol (SFTP) batch, and through a
computer via analog telephone line, and
is publicly accessible to participants of
the Systematic Alien for Verification
Entitlements (SAVE) program and the
Basic Pilot Employer Verification
program, including authorized USCIS
personnel, other authorized government
users, participating employers, and
other authorized users.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals covered by provisions of
the Immigration and Nationality Act of
the United States including but not
limited to individuals who have been
lawfully admitted to the United States,
individuals who have been granted
citizenship and individuals who have
applied for other immigration benefits
pursuant to 8 U.S.C. 1103 et seq.
II. The Privacy Act
CATEGORIES OF RECORDS IN THE SYSTEM:
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United Stated Government
collects, maintains, uses and
disseminates personally identifiable
information. 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 particular
assigned to an individual.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
to make agency recordkeeping practices
transparent, to notify individuals
reading the uses to which personally
identifiable information is put, and to
A. Data originating from the USCIS
Central Index System (CIS), including
the following information about the
Individual who comes before USCIS:
Alien Registration Number (A-Number),
Name (last, first, middle), Date of birth,
Date entered United States (entry date),
Country of birth, Class of Admission
code, File Control Office code, Social
Security Number, Admission Number
(I–94 Number), Provision of Law code
cited for employment authorization,
office code where the authorization was
granted, Date employment authorization
decision issued, Date employment
authorization may begin (start date),
Date employment authorization expires
(expiration date), Date employment
authorization denied (denial date).
B. Data originating from the U.S.
Customs and Border Protection Treasury
Enforcement Communications System
(TECS), including the following
information about the individual: ANumber, Name (last, first, middle), Date
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alien’s status was changed (status
change date), Date of birth, Class of
Admission Code, Date admitted until,
Country of citizenship, Port of entry,
Date entered United States (entry date),
Departure date, I–94 Number, Visa
Number.
C. Data originating from the USCIS
Image Storage and Retrieval System
and/or the USCIS Biometric Storage
System (when deployed), including:
Receipt Number, Name (last, first,
middle), Date of Birth, Country of Birth,
Alien number, Form number, for
example Form I–551 (Lawful Permanent
Resident card) or Form I–766
(Employment Authorization Document),
Expiration Date, and Photo.
D. Data originating from the USCIS
Computer Linked Application
Information Management System
(CLAIMS 3), including: Receipt number,
Name (last, first, middle), Date of Birth,
Country of Birth, Class of Admission
Code, A-number, I–94 number, Date
entered United States (entry date), and
Valid To Date.
E. Data originating from the U.S.
Immigration and Customs Enforcement
(ICE) Student and Exchange Visitor
Information System (SEVIS), including:
SEVIS Identification Number (SEVIS
ID), Name (last, first, middle), Date of
Birth, Country of Birth, Class of
Admission Code, I–94 number, Date
entered United States (entry date), and
Valid To Date.
F. Data originating from Social
Security Administration (SSA),
including: Confirmation of employment
eligibility based on SSA records,
Tentative non-confirmation of
employment eligibility and the
underlying justification for this
decision, and Final non-confirmation of
employment eligibility.
G. Information collected from the
benefit applicant by the benefit-issuing
agency to facilitate immigration status
verification that may include the
following about the benefit applicant:
Receipt Number, A-Number, I–94
Number, Name (last, first, middle), Date
of birth, User Case Number, DHS
document type, DHS document
expiration date, SEVIS ID andVisa
Number.
H. Information collected from the
benefit-issuing agency about users
accessing the system to facilitate
immigration status verification that may
include the following about the Agency:
Agency name, Address, Point of
Contact, Contact telephone number, Fax
number, E-mail address, Type of
benefit(s) the agency issues (i.e.
Unemployment Insurance, Educational
Assistance, Driver Licensing, Social
Security Enumeration, etc.).
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I. Information collected from the
benefit-issuing agency about the
Individual Agency User including:
Name (last, first, middle), Phone
Number, Fax Number, E-mail address,
User ID for users within the Agency.
J. System-generated response, as a
result of the SAVE verification process
including: Case Verification Number,
Entire record in VIS database as
outlined above, including all
information from CIS, SEVIS, TECS, and
CLAIMS 3 and with the exception of the
biometric information (photo) from ISRS
and/or BSS (once deployed), and
Immigration status (e.g. Lawful
Permanent Resident).
K. Information collected from the
employee by the Employer User to
facilitate employment eligibility
verification may include the following
about the Individual employee: Receipt
Number, Visa Number, A-Number, I–94
Number, Name (last, first, middle
initial, maiden), Social Security
Number, Date of birth, Date of hire,
Claimed citizenship status, Acceptable
Form I–9 document type, and
Acceptable Form I–9 Document
expiration date.
L. Information Collected About the
Employer, including: Company name,
Physical Address, Employer
Identification Number, North American
Industry Classification System code,
Number of employees, Number of sites,
Parent company or Corporate company,
Name of Contact, Phone Number, Fax
Number, and E-Mail Address.
M. Information Collected about the
Employer User (e.g., Identifying users of
the system at the Employers), including:
Name, Phone Number, Fax Number, Email address, and User ID.
N. System-generated response
information, resulting from the
employment eligibility verification
process, including: Case Verification
Number; VIS generated response:
Employment authorized, Tentative nonconfirmation, Case in continuance,
Final non-confirmation, Employment
unauthorized, or DHS No Show;
Disposition data from the employer
includes Resolved Unauthorized/
Terminated, Self Terminated, Invalid
Query, Employee not terminated,
Resolved Authorized, and Request
additional verification, which includes
why additional verification is requested
by the employer user.
to Federal, State, and local government
agencies for immigrants, nonimmigrants, and naturalized U.S.
citizens applying for Federal, State, and
local public benefits. It is also used to
provide employment authorization
information to employers participating
in the Basic Pilot/Employment
Eligibility Verification Program. This
System of Records Notice is replacing
both the previously published ASVI
SORN and VIS SORN.
VIS is the technical infrastructure that
enables USCIS to operate SAVE and
Basic Pilot. In instances when an
electronic verification cannot be
confirmed by the VIS for either the
SAVE or the Basic Pilot program, an
electronic transmission of the
verification request is sent through VIS
to USCIS’s ISVs for secondary
processing. For Federal, State, and local
government agency users of the SAVE
program, there are a variety of instances
in which either a secondary or thirdstep query may need to be completed
manually through submission of the
form G–845 Immigration Status/
Document Verification Request. These
instances occur due to technical
limitations of the interfaces by which
the agency users access the SAVE
program. In these instances, the VIS
system is not accessed at all, and
secondary and third-step verifications
are conducted through manual searches
of DHS systems by ISVs. For Basic Pilot
users, in instances when the verification
cannot be confirmed by VIS, an
electronic transmission is sent by VIS to
USCIS for processing by the Los Angeles
Status Verification Unit.
Currently, no other DHS component
has access to VIS data except for those
that have signed MOUs permitting them
to use the SAVE and/or Basic Pilot
programs. Examples of such use by DHS
components include TSA, which is
utilizing the system to ascertain the
immigration status of applicants
applying for hazardous materials
driver’s licenses.
The VIS system includes audit and
reporting functionality, and will be used
for monitoring and compliance with
system and program usage requirements
set forth by USCIS. Audit or use
reporting data in the system may be
used to refer potential occurrences of
fraud and/or egregious violations of
SAVE or the Basic Pilot program to ICE.
AUTHORITY FOR MAINTENANCE OF RECORDS:
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
8 U.S.C. 1255a, 8 U.S.C. 1324a, 8
U.S.C. 1360 and 42 U.S.C. 1320b–7.
PURPOSE(S):
This system of records is used to
provide immigration status information
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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
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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 a Federal, State, tribal, or local
government agency, or to a contractor
acting on its behalf, to the extent that
such disclosure is necessary to enable
these agencies to make decisions
concerning: (1) Determination of
eligibility for a Federal, State, or local
public benefit; (2) issuance of a license
or grant; or (3) government-issued
credential.
B. To employers participating in the
Basic Pilot Employment Verification
Program in order to verify the
employment eligibility of all newly
hired employees in the United States.
C. To other Federal, State, tribal, and
local government agencies seeking to
verify or determine the citizenship or
immigration status of any individual
within the jurisdiction of the DHS as
authorized or required by law.
D. To contractors, grantees, experts,
consultants, and others performing or
working on a contract, service, grant,
cooperative agreement, or other
assignment for the federal government,
when necessary to accomplish a DHS
mission function related to this system
of records, in compliance with the
Privacy Act of 1974, as amended.
E. 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.
F. To the National Archives and
Records Administration or other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
G. To a former employee of the
Department for purposes of: (1)
Responding to an official inquiry by a
Federal, State, or local government
entity or professional licensing
authority, in accordance with applicable
Department regulations; or (2)
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
H. To the Department of Justice (DOJ),
Civil Rights Division, for the purpose of
responding to matters within the DOJ’s
jurisdiction to include allegations of
fraud and/or nationality discrimination.
I. To appropriate agencies, entities,
and persons when: (1) It is suspected or
confirmed that the security or
confidentiality of information in the
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system of records has been
compromised; (2) it is determined that
as a result of the suspected or confirmed
compromise there is a risk of harm to
economic or property interests, identity
theft or fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and (3) the disclosure is
made to such agencies, entities, and
persons when reasonably necessary to
assist in connection with efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
J. To the United States Department of
Justice (including United States
Attorney offices) or other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, or to the court or
administrative body, when it is
necessary to the litigation and one of the
following is a party to the litigation or
has an interest in such litigation: (1)
DHS; (2) any employee of DHS in his or
her official capacity; (3) any employee
of DHS in his or her individual capacity
where DOJ or DHS has agreed to
represent said employee; or (4) the
United States or any agency thereof;
K. To appropriate Federal, State,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations responsible for
investigating or prosecuting the
violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where DHS determines that the
information would assist in the
enforcement of civil or criminal laws;
L. To Federal and foreign government
intelligence or counterterrorism
agencies when DHS reasonably believes
there to be a threat or potential threat to
national or international security for
which the information may be useful in
countering the threat or potential threat,
when DHS reasonably believes 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;
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is stored in computer accessible
storage media and hardcopy format.
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RETRIEVABILITY:
Agency records are retrieved by name
of applicant or other unique identifier to
include: verification number, ANumber, I–94 Number, Visa Number,
SEVIS ID , or by the submitting agency
name. Employer records are retrieved by
verification number, A-Number, I–94
Number, Receipt Number, or Social
Security Number of the employee, or by
the submitting company name.
SAFEGUARDS:
Information in this system is
safeguarded in accordance with
applicable laws and policies, including
the DHS information technology
security policies and the Federal
Information Security Management Act
(FISMA). All records are protected from
unauthorized access through
appropriate administrative, physical,
and technical safeguards. These
safeguards include restricting access to
authorized personnel who have a needto-know, using locks, and password
protection features. The system is also
protected through a multi-layer security
approach. The protective strategies are
physical, technical, administrative and
environmental in nature, which provide
access control to sensitive data, physical
access control to DHS facilities,
confidentiality of communications,
authentication of sending parties, and
personnel screening to ensure that all
personnel with access to data are
screened through background
investigations commensurate with the
level of access required to perform their
duties.
Information maintained by DHS
contractors for this system is also
safeguarded in accordance with all
applicable laws and regulations,
including DHS IT security policies and
FISMA. . Access is controlled through
user identification and discrete
password functions to assure that
accessibility is limited.
RETENTION AND DISPOSAL:
Completed verifications are archived
to a storage disk monthly and are
archived. The following proposal for
retention and disposal is being prepared
to be sent to the National Archives and
Records Administration for approval.
Records are stored and retained in the
VIS Repository for twenty (20) years,
from the date of the completion of the
verification. VIS will retain data
contained within this system to facility
USCIS’ ability to conduct trend analysis
that may reflect the commission of fraud
or other illegal activity related to misuse
of either the SAVE or Basic Pilot
program and to facilitate the
reconstruction of an individual’s
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employment eligibility history. Further,
retaining the data for this period of time
will enable USCIS to fight identity fraud
and misappropriation of benefits.
Citizenship and Immigration Services,
National Records Center, FOIA/PA
Office, P.O. Box 648010, Lee’s Summit,
MO 64064–8010.
SYSTEM MANAGER(S) AND ADDRESS:
CONTESTING RECORDS PROCEDURES:
Director, Verification Division, U.S.
Citizenship and Immigration Services,
DDC Building, 4th Floor, 111
Massachusetts Avenue, NW.,
Washington, DC 20529.
Individuals have an opportunity to
correct their data by submitting a
redress request directly to the USCIS
Privacy Officer who refers the redress
request to USCIS’s Office of Records.
When a redress is made, the change is
added directly to the existing records
stored in the underlying DHS system of
records from which the information was
obtained. Once the record is updated in
the underlying DHS system of records,
it is downloaded into VIS. If an
applicant believes their file is incorrect
but does not know which information is
erroneous, the applicant may file a
Privacy Act request as detailed in the
section titled ‘‘Record access
procedures’’ above.
NOTIFICATION PROCEDURES:
Please address your inquiries about
the VIS system in writing to the system
manager identified above. To determine
whether this system contains records
relating to you, provide a written
request containing the following
information:
1. Identification of the record system;
2. Identification of the category and
types of records sought; and
3. The requesting individual’s
signature and verification of identity
pursuant to 28 U.S.C. 1746, which
permits statements to be made under
penalty of perjury. Alternatively, a
notarized statement may be provided.
Address inquiries to the system
manager at: Director, Verification
Division, U.S. Citizenship and
Immigration Services, 111
Massachusetts Avenue, NW., 4th Floor,
Washington, DC 20529 or to the
Freedom of Information/Privacy Act
Office, USCIS, National Records Center,
P.O. Box 6481010, Lee Summit, MO
64064–8010.
sroberts on PROD1PC70 with NOTICES
RECORD ACCESS PROCEDURES:
In order to gain access to one’s
information stored in the VIS database,
a request for access must be made in
writing and addressed to the Freedom of
Information Act/Privacy Act (FOIA/PA)
officer at USCIS. Individuals who are
seeking information pertaining to
themselves are directed to clearly mark
the envelope and letter ‘‘Privacy Act
Request.’’ Within the text of the request,
the subject of the record must provide
his/her account number and/or the full
name, date and place of birth, and
notarized signature, and any other
information which may assist in
identifying and locating the record, and
a return address. For convenience,
individuals may obtain Form G–639,
FOIA/PA Request, from the nearest DHS
office and used to submit a request for
access. The procedures for making a
request for access to one’s records can
also be found on the USCIS Web site,
located at https://www.uscis.gov.
An individual who would like to file
a FOIA/PA request to view their USCIS
record may do so by sending the request
to the following address: U.S.
VerDate Aug<31>2005
18:21 Apr 06, 2007
Jkt 211001
RECORD SOURCE CATEGORIES:
Information contained comes from
several sources: A. Information derived
from the following DHS systems of
records, USCIS’s CIS, CLAIMS3, ISRS,
and BSS; CBP’s TECS; and ICE’s SEVIS,
B. Information collected from agencies
and employers about individuals
seeking government benefits or
employment with an employer using an
employment verification program, C.
Information collected from system users
at either the agency or the employer
used to provide account access to the
verification program, and D. Information
developed by VIS to identify possible
issues of misuse or fraud.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Issued in Arlington, Virginia.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E7–6611 Filed 4–6–07; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[COTP Morgan City, LA 07–002]
South Louisiana Area Maritime
Security Committee
Coast Guard, DHS.
Solicitation for membership.
AGENCY:
ACTION:
SUMMARY: Under the Maritime
Transportation Security Act of 2002, the
Secretary of Homeland Security has
established an Area Maritime Security
(AMS) Committee under the direction of
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
17573
the Morgan City Captain of the Port
(COTP)/Federal Maritime Security
Coordinator (FMSC). The Morgan City
COTP/FMSC hereby requests that
qualified individuals interested in
serving on the South Louisiana AMS
Committee submit an application for
membership.
DATES: Requests for membership should
reach the U.S. Coast Guard Captain of
the Port, Marine Safety Unit Morgan
City on or before July 1, 2007.
ADDRESSES: Requests for membership
should be submitted to Captain of the
Port, USCG Marine Safety Unit Morgan
City, 800 David Drive, Morgan City,
Louisiana 70380.
FOR FURTHER INFORMATION CONTACT: For
questions concerning either the
procedure for submitting an application
or the South Louisiana Area Maritime
Security Committee generally, contact
Mr. Joe Pasqua at 985–380–5313.
SUPPLEMENTARY INFORMATION:
Authority
Section 102 of the Maritime
Transportation Security Act (MTSA) of
2002 (Pub. L. 107–295) added section
70112 to Title 46 of the U.S. Code, and
authorized the Secretary of the
Department in which the Coast Guard is
operating to establish Area Maritime
Security Advisory Committees for any
port area of the United States. (See 33
U.S.C. 1226; 46 U.S.C. 70112; 33 CFR
103.205; Department of Homeland
Security Delegation No. 0170.1.) The
MTSA includes a provision exempting
these AMS Committees from the Federal
Advisory Committee Act (FACA), Public
Law 92–436, 86 Stat. 470 (5 U.S.C.
App.2).
The AMS Committee assists the
Captain of the Port (COTP)/Federal
Maritime Security Coordinator
(FMSC)in the review and update of the
South Louisiana Area Maritime Security
Plan for the Marine Safety Unit Morgan
City area of responsibility. Such matters
may include, but are not limited to:
(1) Identifying critical port
infrastructure and operations;
(2) Identifying risks (threats,
vulnerabilities, and consequences);
(3) Determining mitigation strategies
and implementation methods;
(4) Developing and describing the
process to continually evaluate overall
port security by considering
consequences and vulnerabilities, how
they may change over time, and what
additional mitigation strategies can be
applied; and
(5) Providing advice to, and assisting
the COTP/FMSC in reviewing and
updating the South Louisiana Area
Maritime Security Plan.
E:\FR\FM\09APN1.SGM
09APN1
Agencies
[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Pages 17569-17573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6611]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket Number DHS-2007-0010]
Privacy Act: Verification Information System Records Notice
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice to alter a system of records; request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its ongoing effort to review and update the legacy
system of records notices, the Department of Homeland Security is
altering previously established Privacy Act systems of records
published by the former Immigration and Naturalization Service for the
Verification and Information System (VIS) Justice/INS-035 published
October 17, 2002 (67 FR 64134) and Alien Status Verification Index
(ASVI) Justice/INS-009 published September 7, 2001 (66 FR 46815). The
Department of Homeland Security will consolidate information from
different systems of records notices and is adding new sources of data
to the VIS to update the routine uses that were previously published
for this system of records.
DATES: The established systems of records will be effective on May 9,
2007.
ADDRESSES: You may submit comments, identified by Docket Number DHS-
2007-0010 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Department
of Homeland Security, Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT: For system related questions please
contact: Gerri Ratliff, Verification Division, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 111
Massachusetts Avenue, NW., Washington, DC 20529. For privacy issues
please contact: Hugo Teufel III, Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. USCIS Verification Information System
In various statutes, Congress mandated that USCIS establish a
system that can be used to verify citizenship and immigration status of
individuals seeking government benefits and establish a system for use
by employers to determine whether a newly hired employee is authorized
to work in the United States. USCIS implemented this mandate through
the Systematic Alien Verification for Entitlements (SAVE) program for
government benefits and the Basic Pilot Program for determining whether
a newly hired employee is authorized to work in the United States. The
Verification Information System (VIS) is the technical infrastructure
that enables USCIS to operate SAVE and Basic Pilot. VIS is a nationally
accessible database of selected immigration status information
containing in excess of 100 million records. Government agencies use
SAVE information to help determine whether a non-citizen is eligible
for any public benefit, license or credential based on citizenship and
immigration status. Private employers and government users use Basic
Pilot information to determine whether a newly hired employee is
authorized to work in the United States.
VIS is currently comprised of citizenship, immigration and
employment status information from several DHS systems of records,
including records contained in the U.S. Customs and Border Protection
(CBP) Treasury Enforcement Communication Systems (TECS) (66 FR 52984),
the Image Storage and Retrieval System (ISRS) (66 FR 6672), the USCIS
Central Index System (CIS) (72 FR 1755), and the USCIS Computer Linked
Application Information Management System (CLAIMS 3) (62 FR 11919).
This System of Records Notice is replacing the following systems of
records previously published by Department of Justice's Immigration and
Naturalization Service (DOJ/INS): the DOJ/INS 009 Alien Status
Verification Index system (ASVI) (66 FR 46815) and the DOJ/INS 035
Verification Information System (VIS) (67 FR 64134).
A. SAVE Program
The SAVE Program, which is supported by VIS, provides government
agencies with citizenship and immigration status information for use in
determining an individual's eligibility for government benefits.
Government agencies input biographic information into VIS for
government benefit eligibility determinations and if VIS has a record
pertaining to the individual, the government agency will receive
limited biographic information on the citizenship and immigration
status of the individual applying for a benefit. If VIS does not have a
record pertaining to the individual, VIS automatically notifies a USCIS
Immigration Status Verifier (ISV). The ISV then conducts a manual
search of other DHS databases to determine whether there is any other
information pertaining to that individual that would provide
citizenship and immigration status. If the ISV finds additional
relevant information, citizenship and immigration status data is
provided to the requesting government agency user through VIS. The ISV
will also update the appropriate record in USCIS' CIS database. The
REAL ID Act requires that beginning May 2008, with a possible extension
for States until December 2009, all states routinely utilize the USCIS
SAVE program to verify the legal immigration status of applicants for
driver's licenses and identification cards.
B. Basic Pilot
VIS also supports the Basic Pilot Program, a free and voluntary
program allowing participating employers to
[[Page 17570]]
verify the employment eligibility of newly hired employees. The program
is a collaboration between the Social Security Administration (SSA) and
USCIS.
After an individual is hired by the employer and completes the Form
I-9, employers input information from Sections 1 and 2 of the Form I-9
into the Basic Pilot portion of VIS. This query is first sent from VIS
to SSA to verify social security information. If SSA cannot verify the
employee's social security information, SSA will send a response to VIS
which in turn will notify the employer of SSA's inability to verify the
information provided by employee. The employer is then required to
provide information to the employee about how the employee may contact
SSA to resolve any issues. If SSA is able to verify the employee
information and verify that the individual is a U.S. Citizen,
(``USC''), VIS provides a confirmation to the employer. No further
action is taken by VIS. If SSA is able to verify the employee
information and the individual is a non-USC, the VIS system continues
the process in order to verify employment authorization. Through VIS,
USCIS provides the employer with a case verification number and the
disposition of whether an employee is authorized to work. If VIS does
not have a record pertaining to the individual, VIS automatically
notifies an ISV. The ISV then conducts a manual search of other DHS
databases to determine whether there is any other information
pertaining to that individual that would provide employment eligibility
status. If the ISV cannot determine the person's work eligibility, VIS
notifies the employer that the employee must contact USCIS. If it is
determined that an employee is not authorized to work after the
employee is referred to SSA or USCIS, the employer may terminate the
individual's employment.
Performing a verification query through the Basic Pilot system is
only legally permissible after an offer of employment has been extended
to an employee. The earliest the employer may initiate a query is after
an individual accepts an offer of employment and after the employee and
employer complete the Form I-9. The employer must initiate the query no
later than the end of three business days after the new hire's actual
start date. Information from the Basic Pilot cannot be used to pre-
screen individuals, re-screen individuals after being employed for
longer than three days, or discriminate against individuals legally
authorized to work in the United States.
C. Updates to VIS
VIS previously consolidated information from different DHS Systems
of Records, with this update VIS will now add additional data elements
from different DHS Systems of Records in order to enhance data
completeness within VIS. USCIS is currently enhancing the employment
verification function of VIS to allow an employer to query the system
by inputting the new hire's USCIS receipt number, which is located on
the secure Form I-551 (Permanent Resident Card) or the secure Form I-
766 (Employment Authorization Document). The receipt number is a unique
number associated with the issuance of the card. In addition, USCIS is
piloting a new functionality that allows employers using Basic Pilot to
compare the photo contained on secure issued USCIS cards against the
photo on file in ISRS and/or the USCIS Biometric Storage System (BSS)
(when deployed). These enhancements will significantly improve the
speed at which USCIS will be able to verify the employment eligibility
of many non-citizen new hires and reduce the likelihood of identity
fraud through forged documents.
Once deployed, additional data elements from the BSS and ICE's
Student and Exchange Visitor Information System (SEVIS) will be added
to the VIS system. In order to support programmatic goals, the system
will also have improved audit and reporting capability so that USCIS
can better identify misuse of the system and programs supported by the
system.
II. The Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United Stated Government
collects, maintains, uses and disseminates personally identifiable
information. 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 particular assigned to an individual.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system to make agency recordkeeping practices
transparent, to notify individuals reading the uses to which personally
identifiable information is put, and to assist the individual to more
easily find such files within the agency.
In accordance with 5 U.S.C. 552a(r), a report on this system has
been sent to Congress and to the Office of Management and Budget.
SYSTEM OF RECORDS:
DHS/USCIS-004.
SYSTEM NAME:
U.S. Citizenship and Immigration Services Verification Information
System (VIS).
SYSTEM LOCATION:
The Verification Information System (VIS) database is housed in a
contractor-owned facility in Meriden, CT. The system is accessible via
the Internet, Web services, Secure File Transfer Protocol (SFTP) batch,
and through a computer via analog telephone line, and is publicly
accessible to participants of the Systematic Alien for Verification
Entitlements (SAVE) program and the Basic Pilot Employer Verification
program, including authorized USCIS personnel, other authorized
government users, participating employers, and other authorized users.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by provisions of the Immigration and
Nationality Act of the United States including but not limited to
individuals who have been lawfully admitted to the United States,
individuals who have been granted citizenship and individuals who have
applied for other immigration benefits pursuant to 8 U.S.C. 1103 et
seq.
CATEGORIES OF RECORDS IN THE SYSTEM:
A. Data originating from the USCIS Central Index System (CIS),
including the following information about the Individual who comes
before USCIS: Alien Registration Number (A-Number), Name (last, first,
middle), Date of birth, Date entered United States (entry date),
Country of birth, Class of Admission code, File Control Office code,
Social Security Number, Admission Number (I-94 Number), Provision of
Law code cited for employment authorization, office code where the
authorization was granted, Date employment authorization decision
issued, Date employment authorization may begin (start date), Date
employment authorization expires (expiration date), Date employment
authorization denied (denial date).
B. Data originating from the U.S. Customs and Border Protection
Treasury Enforcement Communications System (TECS), including the
following information about the individual: A-Number, Name (last,
first, middle), Date
[[Page 17571]]
alien's status was changed (status change date), Date of birth, Class
of Admission Code, Date admitted until, Country of citizenship, Port of
entry, Date entered United States (entry date), Departure date, I-94
Number, Visa Number.
C. Data originating from the USCIS Image Storage and Retrieval
System and/or the USCIS Biometric Storage System (when deployed),
including: Receipt Number, Name (last, first, middle), Date of Birth,
Country of Birth, Alien number, Form number, for example Form I-551
(Lawful Permanent Resident card) or Form I-766 (Employment
Authorization Document), Expiration Date, and Photo.
D. Data originating from the USCIS Computer Linked Application
Information Management System (CLAIMS 3), including: Receipt number,
Name (last, first, middle), Date of Birth, Country of Birth, Class of
Admission Code, A-number, I-94 number, Date entered United States
(entry date), and Valid To Date.
E. Data originating from the U.S. Immigration and Customs
Enforcement (ICE) Student and Exchange Visitor Information System
(SEVIS), including: SEVIS Identification Number (SEVIS ID), Name (last,
first, middle), Date of Birth, Country of Birth, Class of Admission
Code, I-94 number, Date entered United States (entry date), and Valid
To Date.
F. Data originating from Social Security Administration (SSA),
including: Confirmation of employment eligibility based on SSA records,
Tentative non-confirmation of employment eligibility and the underlying
justification for this decision, and Final non-confirmation of
employment eligibility.
G. Information collected from the benefit applicant by the benefit-
issuing agency to facilitate immigration status verification that may
include the following about the benefit applicant: Receipt Number, A-
Number, I-94 Number, Name (last, first, middle), Date of birth, User
Case Number, DHS document type, DHS document expiration date, SEVIS ID
andVisa Number.
H. Information collected from the benefit-issuing agency about
users accessing the system to facilitate immigration status
verification that may include the following about the Agency: Agency
name, Address, Point of Contact, Contact telephone number, Fax number,
E-mail address, Type of benefit(s) the agency issues (i.e. Unemployment
Insurance, Educational Assistance, Driver Licensing, Social Security
Enumeration, etc.).
I. Information collected from the benefit-issuing agency about the
Individual Agency User including: Name (last, first, middle), Phone
Number, Fax Number, E-mail address, User ID for users within the
Agency.
J. System-generated response, as a result of the SAVE verification
process including: Case Verification Number, Entire record in VIS
database as outlined above, including all information from CIS, SEVIS,
TECS, and CLAIMS 3 and with the exception of the biometric information
(photo) from ISRS and/or BSS (once deployed), and Immigration status
(e.g. Lawful Permanent Resident).
K. Information collected from the employee by the Employer User to
facilitate employment eligibility verification may include the
following about the Individual employee: Receipt Number, Visa Number,
A-Number, I-94 Number, Name (last, first, middle initial, maiden),
Social Security Number, Date of birth, Date of hire, Claimed
citizenship status, Acceptable Form I-9 document type, and Acceptable
Form I-9 Document expiration date.
L. Information Collected About the Employer, including: Company
name, Physical Address, Employer Identification Number, North American
Industry Classification System code, Number of employees, Number of
sites, Parent company or Corporate company, Name of Contact, Phone
Number, Fax Number, and E-Mail Address.
M. Information Collected about the Employer User (e.g., Identifying
users of the system at the Employers), including: Name, Phone Number,
Fax Number, E-mail address, and User ID.
N. System-generated response information, resulting from the
employment eligibility verification process, including: Case
Verification Number; VIS generated response: Employment authorized,
Tentative non-confirmation, Case in continuance, Final non-
confirmation, Employment unauthorized, or DHS No Show; Disposition data
from the employer includes Resolved Unauthorized/Terminated, Self
Terminated, Invalid Query, Employee not terminated, Resolved
Authorized, and Request additional verification, which includes why
additional verification is requested by the employer user.
AUTHORITY FOR MAINTENANCE OF RECORDS:
8 U.S.C. 1255a, 8 U.S.C. 1324a, 8 U.S.C. 1360 and 42 U.S.C. 1320b-
7.
PURPOSE(S):
This system of records is used to provide immigration status
information to Federal, State, and local government agencies for
immigrants, non-immigrants, and naturalized U.S. citizens applying for
Federal, State, and local public benefits. It is also used to provide
employment authorization information to employers participating in the
Basic Pilot/Employment Eligibility Verification Program. This System of
Records Notice is replacing both the previously published ASVI SORN and
VIS SORN.
VIS is the technical infrastructure that enables USCIS to operate
SAVE and Basic Pilot. In instances when an electronic verification
cannot be confirmed by the VIS for either the SAVE or the Basic Pilot
program, an electronic transmission of the verification request is sent
through VIS to USCIS's ISVs for secondary processing. For Federal,
State, and local government agency users of the SAVE program, there are
a variety of instances in which either a secondary or third-step query
may need to be completed manually through submission of the form G-845
Immigration Status/Document Verification Request. These instances occur
due to technical limitations of the interfaces by which the agency
users access the SAVE program. In these instances, the VIS system is
not accessed at all, and secondary and third-step verifications are
conducted through manual searches of DHS systems by ISVs. For Basic
Pilot users, in instances when the verification cannot be confirmed by
VIS, an electronic transmission is sent by VIS to USCIS for processing
by the Los Angeles Status Verification Unit.
Currently, no other DHS component has access to VIS data except for
those that have signed MOUs permitting them to use the SAVE and/or
Basic Pilot programs. Examples of such use by DHS components include
TSA, which is utilizing the system to ascertain the immigration status
of applicants applying for hazardous materials driver's licenses.
The VIS system includes audit and reporting functionality, and will
be used for monitoring and compliance with system and program usage
requirements set forth by USCIS. Audit or use reporting data in the
system may be used to refer potential occurrences of fraud and/or
egregious violations of SAVE or the Basic Pilot program to ICE.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information
[[Page 17572]]
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 a Federal, State, tribal, or local government agency, or to a
contractor acting on its behalf, to the extent that such disclosure is
necessary to enable these agencies to make decisions concerning: (1)
Determination of eligibility for a Federal, State, or local public
benefit; (2) issuance of a license or grant; or (3) government-issued
credential.
B. To employers participating in the Basic Pilot Employment
Verification Program in order to verify the employment eligibility of
all newly hired employees in the United States.
C. To other Federal, State, tribal, and local government agencies
seeking to verify or determine the citizenship or immigration status of
any individual within the jurisdiction of the DHS as authorized or
required by law.
D. To contractors, grantees, experts, consultants, and others
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the federal government, when
necessary to accomplish a DHS mission function related to this system
of records, in compliance with the Privacy Act of 1974, as amended.
E. 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.
F. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
G. To a former employee of the Department for purposes of: (1)
Responding to an official inquiry by a Federal, State, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or (2) facilitating
communications with a former employee that may be necessary for
personnel-related or other official purposes where the Department
requires information and/or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
H. To the Department of Justice (DOJ), Civil Rights Division, for
the purpose of responding to matters within the DOJ's jurisdiction to
include allegations of fraud and/or nationality discrimination.
I. To appropriate agencies, entities, and persons when: (1) It is
suspected or confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) it is
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to economic or property interests, identity
theft or fraud, or harm to the security or integrity of this system or
other systems or programs (whether maintained by DHS or another agency
or entity) that rely upon the compromised information; and (3) the
disclosure is made to such agencies, entities, and persons when
reasonably necessary to assist in connection with efforts to respond to
the suspected or confirmed compromise and prevent, minimize, or remedy
such harm.
J. To the United States Department of Justice (including United
States Attorney offices) or other federal agency conducting litigation
or in proceedings before any court, adjudicative or administrative
body, or to the court or administrative body, when it is necessary to
the litigation and one of the following is a party to the litigation or
has an interest in such litigation: (1) DHS; (2) any employee of DHS in
his or her official capacity; (3) any employee of DHS in his or her
individual capacity where DOJ or DHS has agreed to represent said
employee; or (4) the United States or any agency thereof;
K. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, license,
or treaty where DHS determines that the information would assist in the
enforcement of civil or criminal laws;
L. To Federal and foreign government intelligence or
counterterrorism agencies when DHS reasonably believes there to be a
threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when DHS reasonably believes 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;
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is stored in computer accessible storage media and hardcopy
format.
RETRIEVABILITY:
Agency records are retrieved by name of applicant or other unique
identifier to include: verification number, A-Number, I-94 Number, Visa
Number, SEVIS ID , or by the submitting agency name. Employer records
are retrieved by verification number, A-Number, I-94 Number, Receipt
Number, or Social Security Number of the employee, or by the submitting
company name.
SAFEGUARDS:
Information in this system is safeguarded in accordance with
applicable laws and policies, including the DHS information technology
security policies and the Federal Information Security Management Act
(FISMA). All records are protected from unauthorized access through
appropriate administrative, physical, and technical safeguards. These
safeguards include restricting access to authorized personnel who have
a need-to-know, using locks, and password protection features. The
system is also protected through a multi-layer security approach. The
protective strategies are physical, technical, administrative and
environmental in nature, which provide access control to sensitive
data, physical access control to DHS facilities, confidentiality of
communications, authentication of sending parties, and personnel
screening to ensure that all personnel with access to data are screened
through background investigations commensurate with the level of access
required to perform their duties.
Information maintained by DHS contractors for this system is also
safeguarded in accordance with all applicable laws and regulations,
including DHS IT security policies and FISMA. . Access is controlled
through user identification and discrete password functions to assure
that accessibility is limited.
RETENTION AND DISPOSAL:
Completed verifications are archived to a storage disk monthly and
are archived. The following proposal for retention and disposal is
being prepared to be sent to the National Archives and Records
Administration for approval. Records are stored and retained in the VIS
Repository for twenty (20) years, from the date of the completion of
the verification. VIS will retain data contained within this system to
facility USCIS' ability to conduct trend analysis that may reflect the
commission of fraud or other illegal activity related to misuse of
either the SAVE or Basic Pilot program and to facilitate the
reconstruction of an individual's
[[Page 17573]]
employment eligibility history. Further, retaining the data for this
period of time will enable USCIS to fight identity fraud and
misappropriation of benefits.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Verification Division, U.S. Citizenship and Immigration
Services, DDC Building, 4th Floor, 111 Massachusetts Avenue, NW.,
Washington, DC 20529.
NOTIFICATION PROCEDURES:
Please address your inquiries about the VIS system in writing to
the system manager identified above. To determine whether this system
contains records relating to you, provide a written request containing
the following information:
1. Identification of the record system;
2. Identification of the category and types of records sought; and
3. The requesting individual's signature and verification of
identity pursuant to 28 U.S.C. 1746, which permits statements to be
made under penalty of perjury. Alternatively, a notarized statement may
be provided.
Address inquiries to the system manager at: Director, Verification
Division, U.S. Citizenship and Immigration Services, 111 Massachusetts
Avenue, NW., 4th Floor, Washington, DC 20529 or to the Freedom of
Information/Privacy Act Office, USCIS, National Records Center, P.O.
Box 6481010, Lee Summit, MO 64064-8010.
RECORD ACCESS PROCEDURES:
In order to gain access to one's information stored in the VIS
database, a request for access must be made in writing and addressed to
the Freedom of Information Act/Privacy Act (FOIA/PA) officer at USCIS.
Individuals who are seeking information pertaining to themselves are
directed to clearly mark the envelope and letter ``Privacy Act
Request.'' Within the text of the request, the subject of the record
must provide his/her account number and/or the full name, date and
place of birth, and notarized signature, and any other information
which may assist in identifying and locating the record, and a return
address. For convenience, individuals may obtain Form G-639, FOIA/PA
Request, from the nearest DHS office and used to submit a request for
access. The procedures for making a request for access to one's records
can also be found on the USCIS Web site, located at https://
www.uscis.gov.
An individual who would like to file a FOIA/PA request to view
their USCIS record may do so by sending the request to the following
address: U.S. Citizenship and Immigration Services, National Records
Center, FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO 64064-8010.
CONTESTING RECORDS PROCEDURES:
Individuals have an opportunity to correct their data by submitting
a redress request directly to the USCIS Privacy Officer who refers the
redress request to USCIS's Office of Records. When a redress is made,
the change is added directly to the existing records stored in the
underlying DHS system of records from which the information was
obtained. Once the record is updated in the underlying DHS system of
records, it is downloaded into VIS. If an applicant believes their file
is incorrect but does not know which information is erroneous, the
applicant may file a Privacy Act request as detailed in the section
titled ``Record access procedures'' above.
RECORD SOURCE CATEGORIES:
Information contained comes from several sources: A. Information
derived from the following DHS systems of records, USCIS's CIS,
CLAIMS3, ISRS, and BSS; CBP's TECS; and ICE's SEVIS, B. Information
collected from agencies and employers about individuals seeking
government benefits or employment with an employer using an employment
verification program, C. Information collected from system users at
either the agency or the employer used to provide account access to the
verification program, and D. Information developed by VIS to identify
possible issues of misuse or fraud.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Issued in Arlington, Virginia.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E7-6611 Filed 4-6-07; 8:45 am]
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