Privacy Act of 1974; Department of Homeland Security U.S. Citizenship and Immigration Services-011 E-Verify Program System of Records, 43893-43898 [2013-17451]
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Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Notices
RETENTION AND DISPOSAL:
Routine correspondence with
governors, mayors, and other state,
local, tribal, and territorial officials, as
well as private citizens relating to
FEMA programs will be destroyed when
no longer needed in accordance with
FEMA Records Schedule N1–311–86–1,
Item 1B4. Records relating to
establishment, organization,
membership, and policy of external
committees that are sponsored by
FEMA, but have a membership
including representatives from other
federal agencies, states, local
governments, and/or public citizens are
permanent and will be maintained in
accordance with FEMA Records
Schedule N1–311–97–2, Item 1.
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without the above information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
SYSTEM MANAGER AND ADDRESS:
See ‘‘Notification procedure’’ above.
Director, Individual and Community
Preparedness Division, FEMA, 800 K
Street NW., Washington, DC 20531.
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NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the FEMA
Disclosure Officer, 500 C Street SW.,
Washington, DC 20472. If an individual
believes more than one component
maintains Privacy Act records
concerning him or her, the individual
may submit the request to the Chief
Privacy Officer, Department of
Homeland Security, 245 Murray Drive
SW., Building 410, STOP–0550,
Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
FEMA system of records your request
must conform with the Privacy Act
regulations set forth in 6 CFR Part 5.
You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
https://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
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RECORD SOURCE CATEGORIES:
Records are obtained from the general
public, state, local, tribal, and territorial
government officials, and Citizen Corps
partners.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: June 28, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2013–17456 Filed 7–19–13; 8:45 am]
BILLING CODE 9110–17–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2013–0051]
Privacy Act of 1974; Department of
Homeland Security U.S. Citizenship
and Immigration Services—011 EVerify Program System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
titled ‘‘Department of Homeland
Security/United States Citizenship and
Immigration Services—011 E-Verify
Program System of Records.’’ The
United States Citizenship and
Immigration Services E-Verify Program
allows employers to electronically
verify the employment authorization of
newly hired employees. The
Department of Homeland Security is
SUMMARY:
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43893
updating this Privacy Act System of
Records Notice for the E-Verify Program
in order to provide notice that E-Verify
is adding the collection of employee
contact information such as email
address and telephone number from
employers using the recently updated
Form I–9 to the ‘‘Categories of Records.’’
DHS recently updated the Form I–9 to
allow an employee the option to provide
his or her email address and telephone
number in order to facilitate direct
notification by DHS to the employee of
potential mismatches between the
information the employee provided on
the Form I–9 and the information in
DHS or Social Security Administration
records. DHS is also updating Routine
Use ‘‘G’’ to correct a drafting error in the
E-Verify SORN previously issued in the
Federal Register on August 8, 2012, (77
FR 47419). Finally, DHS is making some
non-substantive technical changes to the
Categories of Individuals, Categories of
Records such as, reflecting a change in
the Form I–9 collection, which
previously requested ‘‘maiden name’’
and now requests ‘‘other names used, if
any,’’ and updating case disposition
codes (the most up-to-date codes can be
found in the E-Verify Employer Manual
available at https://www.dhs.gov/everify).
This updated system is included in
the Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
August 21, 2013. This updated system
will be effective August 21, 2013.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2013–0051 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Donald
K. Hawkins, (202–272–8030), Privacy
Officer, United States Citizenship and
Immigration Services, 20 Massachusetts
Avenue NW., 5th Floor, Washington,
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and now requests ‘‘other names used, if
any,’’ and updating case disposition
codes (the most up-to-date codes can be
found in the E-Verify Employer Manual
available at https://www.dhs.gov/everify).
I. Background
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DC, 20529. For privacy issues please
contact: Jonathan R. Cantor (202–343–
1717), Acting Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which the federal government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. As a matter of policy, the
Department of Homeland Security
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
U.S. Citizenship and Immigration
Services—011, E-Verify Program System
of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
In accordance with the Privacy Act of
1974, the Department of Homeland
Security proposes to update and reissue
the Department of Homeland Security
system of records titled, ‘‘Department of
Homeland Security/U.S. Citizenship
and Immigration Services—011 E-Verify
Program System of Records.’’ The
USCIS E-Verify Program allows
employers to check citizenship status
and verify employment eligibility of
newly hired employees.
DHS is updating this Privacy Act
System of Records Notice for the EVerify Program in order to provide
notice that E-Verify is adding the
collection of employee contact
information including email address
and phone number from the employers
using the recently updated Form I–9 to
the ‘‘Categories of Records.’’ DHS
recently updated the Form I–9 to allow
an employee the option to provide his
or her email address and telephone
number in order to facilitate direct
notification by DHS to the employee of
potential mismatches between the
information the employee provided on
the Form I–9 and the information in
DHS or Social Security Administration
records. DHS is working to streamline EVerify processes and improve notice to
employees regarding potential
mismatches. As updates to the E-Verify
system take place to accommodate the
collection of employee contact
information, if provided by the
employee and entered into E-Verify by
the employer, employees will begin to
receive notifications regarding potential
mismatches. This employee contact
information is used for the purpose of
contacting the employee and does not
factor into employment eligibility
verifications processed through EVerify. Additional information about the
E-Verify program including employee
notification and the Tentative
Nonconfirmation process are available
at https://www.dhs.gov/e-verify. DHS is
also updating Routine Use ‘‘G’’ to
correct a drafting error in the E-Verify
SORN previously issued in the Federal
Register on August 8, 2012, (77 FR
47419). Finally, DHS is making some
non-substantive technical changes to the
Categories of Individuals, Categories of
Records such as, reflecting a change in
the Form I–9 collection, which
previously requested ‘‘maiden name’’
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System of Records
Department of Homeland Security
(DHS)/U.S. Citizenship and Immigration
Services (USCIS)—011
SYSTEM NAME:
DHS/U.S. Citizenship and
Immigration Services—011—E-Verify
Program
SECURITY CLASSIFICATION:
Unclassified, for official use only.
SYSTEM LOCATION:
Records are maintained at the U.S.
Citizenship and Immigration Services
(USCIS) Headquarters in Washington,
DC and field offices; and at the DHS
Stennis Data Center (DC1).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
the E-Verify program include:
Employees, both U.S. Citizens and non–
U.S. Citizens, whose employers have
submitted to E-Verify their
identification and contact information;
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employers who enroll in E-Verify;
designated agents who enroll in EVerify; individuals employed or
retained by employers or designated
agents who have accounts to use EVerify; individuals who contact E-Verify
with information on the use of E-Verify;
and individuals who provide their
names and contact information to EVerify for notification or contact
purposes.
CATEGORIES OF RECORDS IN THE SYSTEM:
A. Information about the employee to
be verified:
• Name (last, first, middle initial,
other names used, if any);
• Date of Birth;
• Social Security Number (SSN);
• Contact information such as email
address and telephone number;
• Date of Hire;
• Information related to the
expiration of the three day hire;
• Awaiting SSN;
Æ Technical Problems,
Æ Audit Revealed New Hire Was Not
Run,
Æ Federal Contractor With E-Verify
Clause Verifying Existing Employees,
Æ Other
• Claimed Citizenship Status;
• Acceptable Form I–9 document
type;
• Expiration Date of Acceptable Form
I–9 Document;
• State or jurisdiction of issuance of
identity document when that document
is a driver’s license, driver’s permit, or
state-issued identification (ID) card;
• Passport Number and Country of
Issuance;
• Driver’s license number, driver’s
permit number, or state-issued ID
number if issued by a state or
jurisdiction participating in the Records
and Information from Departments of
Motor Vehicles for E-Verify (RIDE)
program and when a Memorandum of
Agreement (MOA) exists between the
state or jurisdiction and DHS USCIS to
verify the information about the
document;
• Receipt Number;
• Visa Number;
• A-Number;
• I–94 Number;
• Employment Authorization
Document (Form I–766) Number;
• Permanent Residence Card (Form I–
551) Number Photographs, if required
by secondary verification.
B. Disposition data from the
employer. The following codes are
entered by the employer based on what
the employer does as a result of the
employment verification information
(the most up-to-date disposition codes
can be found in the E-Verify Employer
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Manual available at https://www.dhs.gov/
E-Verify):
• The employee continues to work for
the employer after receiving and
Employment Authorized result:
Employer selects this option based on
receiving an Employment Authorized
response from E-Verify;
• The employee continues to work for
the employer after receiving a Final
Non-confirmation (FNC) result:
Employer selects this option based on
the employee getting an FNC despite the
employee contesting the Tentative Nonconfirmation (TNC) and the employer
retains the employee;
• The employee continues to work for
the employer after receiving a No Show
result: Employer selects this option
based on the employee getting a TNC
but the employee did not try to resolve
the issue with the Social Security
Administration (SSA) or DHS and the
employer retains the employee;
• The employee continues to work for
the employer after choosing not to
contest a TNC: Employer selects this
option when the employee does not
contest the TNC but the employer
retains the employee;
• The employee was terminated by
the employer for receiving a FNC result:
Employer selects this option when
employee receives FNC and is
terminated;
• The employee was terminated by
the employer for receiving a No Show
result: Employer selects this option
when employee did not take an action
to resolve and is terminated;
• The employee was terminated by
the employer for choosing not to contest
a TNC: Employer selects this option
when employee does not contest the
TNC and is terminated;
• The employee voluntarily quit
working for the employer: Employer
selects this option when employee
voluntarily quits job without regard to
E-Verify;
• The employee was terminated by
the employer for reasons other than EVerify: Employer selects this option
when employee is terminated for
reasons other than E-Verify;
• The case is invalid because another
case with the same data already exists:
Employer selects this option when the
employer ran an invalid query because
the information had already been
submitted;
• The case is invalid because the data
entered is incorrect: Employer selects
this option when the employer ran an
invalid query because the information
was incorrect.
C. Information about the Employer or
Designated Agent:
• Company Name;
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• Street Address;
• Employer Identification Number;
• North American Industry
Classification System (NAICS) Code;
• Number of Employees;
• Number of Sites;
• Parent Company or Corporate
Company;
• Name of Company Point of Contact;
• Phone Number;
• Fax Number;
• E-Mail Address.
D. Information about the Individual
Employer User of E-Verify: (e.g., Human
Resource employee conducting E-Verify
queries):
• Last Name;
• First Name;
• Middle Initial;
• Phone Number;
• Fax Number;
• Email Address;
• User ID.
E. Employment Eligibility Information
created by E-Verify:
• Case Verification Number;
• VIS Response (the most up-to-date
codes can be found in the E-Verify
Employer Manual available at https://
www.dhs.gov/E-Verify):
Æ Employment Authorized,
Æ DHS Verification in Process,
Æ SSA TNC,
Æ DHS TNC,
Æ Employee Referred to SSA,
Æ Employee Referred to DHS,
Æ SSA Case in Continuance (In rare
cases SSA needs more than 10 federal
government workdays to confirm
employment eligibility),
Æ DHS Case in Continuance (In rare
cases DHS needs more than 10 federal
government workdays to confirm
employment eligibility),
Æ SSA FNC,
Æ DHS FNC,
Æ DHS No Show,
Æ Case Incomplete,
Æ Photo Matching Required,
Æ Review and Update Employee Data,
Æ Error: Close Case and Resubmit.
F. Information from state Motor
Vehicle Agencies (MVA) used to verify
of the information from a driver’s
license, permit, or state issued ID card
if the state has established a MOA with
DHS USCIS to allow verification of this
information. The categories of records
from MVAs may include:
• Last Name;
• First Name;
• State or Jurisdiction of Issuance;
• Document Type;
• Document Number;
• Date of Birth;
• Status Text;
• Status Description Text;
• Expiration Date.
G. Information from federal databases
used to verify employment eligibility
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may contain some or all of the following
information about the individual being
verified:
• Last Name;
• First Name;
• Middle Name;
• Other Names Used (e.g., Maiden
Name);
• Date of Birth;
• Age;
• Country of Birth;
• Country of Citizenship;
• Alien Number;
• SSN;
• Citizenship Number;
• Receipt Number;
• Address;
• Previous Address;
• Phone Number;
• Nationality;
• Gender;
• Photograph;
• Date Entered United States;
• Class of Admission;
• File Control Office Code;
• Form I–94 Number;
• Provision of Law Cited for
Employment Authorization;
• Office Code Where the
Authorization Was Granted;
• Date Employment Authorization
Decision Issued;
• Date Employment Authorization
Begins;
• Date Employment Authorization
Expires;
• Date Employment Authorization
Denied;
• Confirmation of Employment
Eligibility;
• TNC of Employment Eligibility and
Justification;
• FNC of Employment Eligibility;
• Status of Department of Justice
Executive Office Immigration Review
System (EOIR) Information, if in
Proceedings;
• Date Alien’s Status Changed;
• Class of Admission Code;
• Date Admitted Until;
• Port of Entry;
• Departure Date;
• Visa Number;
• Passport Number;
• Passport Information including
Country of Issuance (COI);
• Passport Card Number;
• Form Number, for example Form I–
551 (Lawful Permanent Resident card)
or Form I–766 (Employment
Authorization Document);
• Expiration Date;
• Employment Authorization Card
Information;
• Lawful Permanent Resident Card
Information;
• Petitioner Internal Revenue Service
Number;
• Class of Admission;
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• Valid To Date;
• Student Status;
• Visa Code;
• Status Code;
• Status Change Date;
• Port of Entry Code;
• Non-Citizen Entry Date;
• Program End Date;
• Naturalization Certificate Number;
• Naturalization Date and Place;
• Naturalization Information and
Certificate;
• Naturalization Verification
(Citizenship Certificate Identification
ID);
• Naturalization Verification
(Citizenship Naturalization Date/Time);
• Immigration Status (Immigration
Status Code);
• Federal Bureau of Investigation
Number;
• Admission Number;
• Petitioner Firm Name;
• Petitioner Tax Number;
• Date of Admission;
• Marital Status;
• Marriage Date and Place;
• Marriage Information and
Certificate;
• Visa Control Number;
• Visa Foil Number;
• Class of Admission;
• Case History;
• Alerts;
• Case Summary Comments;
• Case Category;
• Date of Encounter;
• Encounter Information;
• Case Actions & Decisions;
• Bonds;
• Current Status;
• Asylum Applicant Receipt Date;
• Airline and Flight Number;
• Country of Residence;
• City Where Boarded;
• City Where Visa was Issued;
• Date Visa Issued;
• Address While in United States;
• File Number;
• File Location.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority for having a system for
verification of employment eligibility is
found in The Illegal Immigration Reform
and Immigrant Responsibility Act of
1996 (IIRIRA), Public Law 104–208
(1996).
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PURPOSE(S):
This system provides employment
authorization information to employers
participating in E-Verify. It may also be
used to support monitoring and
compliance activities for obtaining
information in order to prevent the
commission of fraud, discrimination, or
other misuse or abuse of the E-Verify
system, including violation of privacy
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laws or other illegal activity related to
misuse of E-Verify, including:
• Investigating duplicate registrations
by employers;
• Inappropriate registration by
individuals posing as employers;
• Verifications that are not performed
within the required time limits; and
• Cases referred by and between EVerify and the Department of Justice
Office of Special Counsel for
Immigration-Related Unfair
Employment Practices, or other law
enforcement entities.
Additionally, the information in EVerify may be used for program
management and analysis, program
outreach, customer service, and
preventing or deterring further use of
stolen identities in E-Verify.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside the Department of
Homeland Security as a routine use
pursuant to 5 U.S.C. 552a(b)(3). Any
disclosure of information must be made
consistent with the official duties of the
person making the disclosure. The
routine uses are as follows:
A. To the Department of Justice (DOJ),
including U.S. Attorney Offices, or other
federal agency conducting litigation or
in proceedings before any court,
adjudicative, or administrative body,
when it is relevant or necessary to the
litigation and one of the following is a
party to the litigation or has an interest
in such litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her
official capacity;
3. any employee of DHS in his/her
individual capacity when DOJ or DHS
has agreed to represent the employee; or
4. the U.S. or any agency thereof.
B. To a congressional office from the
record of an individual in response to a
written inquiry from that congressional
office made pursuant to a Privacy Act
waiver from the individual to whom the
record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
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E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise there is a risk of harm to
economic or property interests, identity
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) or
harm to the individual that rely upon
the compromised information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, when a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of the E-Verify
program, which includes potential
fraud, discrimination, or employment
based identity theft and such disclosure
is proper and consistent with the official
duties of the person making the
disclosure.
H. To employers participating in the
E-Verify Program in order to verify the
employment eligibility of their
employees working in the United States.
I. To the American Association of
Motor Vehicle Administrators Network
and participating MVAs for the purpose
of validating information for a driver’s
license, permit, or identification card
issued by the Motor Vehicle Agency of
states or jurisdictions who have signed
a Memorandum of Agreement with DHS
under the Records and Information from
Departments of Motor Vehicles for EVerify (RIDE) program.
J. To the DOJ, Civil Rights Division,
for the purpose of responding to matters
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within the DOJ’s jurisdiction of the EVerify Program, especially with respect
to discrimination.
K. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records may be retrieved by name,
verification case number, Alien
Number, I–94 Number, Receipt Number,
Passport (U.S. or Foreign) Number and
COI, Driver’s License, Permit, or StateIssued Identification Card Number, or
SSN of the employee, employee user, or
by the submitting company name.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
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RETENTION AND DISPOSAL:
The retention and disposal schedule,
N1–566–08–7 has been approved by the
National Archives and Records
Administration. Records collected in the
process of enrolling in E-Verify and in
verifying employment eligibility are
stored and retained in E-Verify for ten
(10) years from the date of the
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Jkt 229001
completion of the last transaction,
unless the records are part of an ongoing investigation in which case they
may be retained until completion of the
investigation. This period is based on
the statute of limitations for most types
of misuse or fraud possible using EVerify (under 18 U.S.C. § 3291, the
statute of limitations for false statements
or misuse regarding passports,
citizenship, or naturalization
documents).
SYSTEM MANAGER AND ADDRESS:
Chief, Verification Division, U.S.
Citizenship and Immigration Services
(USCIS), Washington, DC 20528.
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the U.S.
Citizenship and Immigration Services
(USCIS), Freedom of Information Act
(FOIA) Officer, whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘contacts.’’ If
an individual believes more than one
component maintains Privacy Act
records concerning him or her the
individual may submit the request to
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
Department of Homeland Security, 245
Murray Drive, SW., Building 410,
STOP–0655, Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR Part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
https://www.dhs.gov or 1–866–431–0486.
In addition you should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created;
• Provide any other information that
will help the FOIA staff determine
Frm 00050
Fmt 4703
Sfmt 4703
which DHS component agency may
have responsive records; and
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without the above information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
NOTIFICATION PROCEDURE:
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43897
RECORD SOURCE CATEGORIES:
Records are obtained from several
sources including:
(A) Information collected from
employers about their employees
relating to employment eligibility
verification;
(B) Information collected from EVerify users used to provide account
access and monitoring;
(C) Information collected from Federal
and state databases listed below:
• SSA Numident System,
• CBP Nonimmigrant Information
System (NIIS) and Border Crossing
Information (BCI),
• ICE Student and Exchange Visitor
Identification System (SEVIS),
• ICE ENFORCE Integrated Database
(EID) Enforcement Alien Removal,
Module (EARM) Alien Number,
• USCIS Aliens Change of Address
System (AR–11),
• USCIS Central Index System (CIS),
• USCIS Customer Profile
Management System (CPMS),
• USCIS Computer-Linked
Application Information Management
System Version 3 (CLAIMS 3),
• USCIS Computer-Linked
Application Information Management
System Version 4 (CLAIMS 4),
• USCIS Citizenship and Immigration
Services Centralized Operational
Repository (CISCOR),
• USCIS National File Tracking
System (NFTS),
• USCIS Microfilm Digitization
Application System (MiDAS),
• USCIS Marriage Fraud Amendment
System (MFAS),
• USCIS Enterprise Document
Management System (EDMS),
• USCIS Refugees, Asylum, and
Parole System (RAPS),
• OBIM Arrival Departure
Information System (ADIS),
• Department of State Consular
Consolidated Database (CCD),
E:\FR\FM\22JYN1.SGM
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43898
Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Notices
• Department of Justice Executive
Office Immigration Review (EOIR) Case
Access System,
• State Motor Vehicle
Administrations, if participating in the
E-Verify RIDE initiative,
(D) Information created by E-Verify.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2013–17451 Filed 7–19–13; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2013–0024; OMB No.
1660–0022]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
The Federal Emergency
Management Agency, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a revision of a currently
approved information collection. In
accordance with the Paperwork
Reduction Act of 1995, this notice seeks
comments concerning the application
for the National Flood Insurance
Program’s Community Rating System
program. This program allows
communities to become eligible for
discounts on the cost of flood insurance
when they undertake activities to
mitigate anticipated damage due to
flooding. The application materials
verify and document the community
mitigation activities performed and
provide the Federal Emergency
Management Agency with the
information necessary to determine if
flood insurance premium discounts are
appropriate for participating
communities. CRS credits have been
added in numerous areas that contribute
to the protection of salmonid habitat.
DATES: Comments must be submitted on
or before September 20, 2013.
ADDRESSES: To avoid duplicate
submissions to the docket, please use
only one of the following means to
submit comments:
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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17:15 Jul 19, 2013
Jkt 229001
(1) Online. Submit comments at
www.regulations.gov under Docket ID
FEMA–2013–0024. Follow the
instructions for submitting comments.
(2) Mail. Submit written comments to
Docket Manager, Office of Chief
Counsel, DHS/FEMA, 500 C Street SW.,
Washington, DC 20472–3100.
(3) Facsimile. Submit comments to
(703) 483–2999.
All submissions received must
include the agency name and Docket ID.
Regardless of the method used for
submitting comments or material, all
submissions will be posted, without
change, to the Federal Rulemaking
Portal at https://www.regulations.gov,
and will include any personal
information you provide. Therefore,
submitting this information makes it
public. You may wish to read the
Privacy Act notice that is available via
the link in the footer of
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Bill
Lesser, Program Specialist, Federal
Insurance and Mitigation
Administration, at (202) 646–2807 for
additional information. You may
contact the Records Management
Division for copies of the proposed
collection of information at facsimile
number (202) 646–3347 or email
address: FEMA-InformationCollections@dhs.gov.
SUPPLEMENTARY INFORMATION: Section
541 of the National Flood Insurance
Reform Act (NFIRA) of 1994, 42 U.S.C.
4022, requires that a community rating
system be established. This ratings
system is a voluntary program for
communities and it would provide a
method by which flood mitigation
activities engaged in by these
communities could be measured. The
effect of this mitigation activity would
reduce the exposure of the communities
to damages resulting from flooding and
in turn reduce the losses incurred as a
result of this flooding. To encourage
participation, discounts on flood
insurance are offered within
communities that successfully complete
qualified mitigation actions, and the
community ratings system provides the
ability to measure these actions and to
recertify the communities in successive
years.
CRS credits have been added in
numerous areas that contribute to the
protection of salmonid habitat. Credit
has been newly provided—or
increased—for habitat preservation and
protection related to salmonids in
several areas. These include new credits
for public outreach related to
endangered species, open space
preservation, higher regulatory
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Fmt 4703
Sfmt 4703
standards that can include protective
practices such as zoning that protect
salmonid, and developing floodplain
management plans. Low Impact
Development and volume control
credits were added to Stormwater
Management. Incorporating low impact
development practices will result in
cleaner rainwater runoff. It will also
delay urban runoff into floodplains,
resulting in reduced stormwater volume
that can otherwise have a detrimental
scouring impact on a stream’s health
and its ability to support species.
Open Space credits were added for
areas that include habitat for threatened
and endangered species under Natural
Functions Open Space. This incentive is
designed to motivate local governments
to protect lands that enhance the habitat
of threatened and endangered species.
Credits have been added under Open
Space Preservation, Natural Shoreline
Protection, to encourage communities to
actively manage riparian lands to
preserve and sustain biologic functions.
Flood Protection points have been
reduced for structural flood control
features to encourage communities to
seek flood risk reduction solutions that
result in establishing new open space
areas rather than continuing to support
intensively developed floodplains.
Dismantling or setting back levees in
such a way that results in creation of
open space will earn significantly more
CRS points than previously available.
Levee Credit Activity as well as credit
for channel maintenance include a
requirement for maintenance activities
to be compliant with environmental and
historic preservation laws and executive
orders, including integration of
vegetative management practices. A new
CRS Class 4 prerequisite has been
established requiring a CRS Class 4 or
better community to have at least 100
points for activities that protect natural
floodplain functions.
Collection of Information
Title: Community Rating System
(CRS) Program—Application
Worksheets and Commentary.
Type of Information Collection:
Revision of a currently approved
information collection.
FEMA Forms: FEMA Form 086–0–35,
Community Rating System Application
Letter of Interest and Quick Check
Instructions; FEMA Form 086–0–35A,
Community Annual Recertification; and
FEMA Form 086–0–35B, Environmental
and Historic Preservation Certifications.
Abstract: The CRS Application and
Certifications are used by communities
that participate in the National Flood
Insurance Program’s (NFIP) Community
Rating System (CRS) to document the
E:\FR\FM\22JYN1.SGM
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Agencies
[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43893-43898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17451]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2013-0051]
Privacy Act of 1974; Department of Homeland Security U.S.
Citizenship and Immigration Services--011 E-Verify Program System of
Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled ``Department of Homeland
Security/United States Citizenship and Immigration Services--011 E-
Verify Program System of Records.'' The United States Citizenship and
Immigration Services E-Verify Program allows employers to
electronically verify the employment authorization of newly hired
employees. The Department of Homeland Security is updating this Privacy
Act System of Records Notice for the E-Verify Program in order to
provide notice that E-Verify is adding the collection of employee
contact information such as email address and telephone number from
employers using the recently updated Form I-9 to the ``Categories of
Records.'' DHS recently updated the Form I-9 to allow an employee the
option to provide his or her email address and telephone number in
order to facilitate direct notification by DHS to the employee of
potential mismatches between the information the employee provided on
the Form I-9 and the information in DHS or Social Security
Administration records. DHS is also updating Routine Use ``G'' to
correct a drafting error in the E-Verify SORN previously issued in the
Federal Register on August 8, 2012, (77 FR 47419). Finally, DHS is
making some non-substantive technical changes to the Categories of
Individuals, Categories of Records such as, reflecting a change in the
Form I-9 collection, which previously requested ``maiden name'' and now
requests ``other names used, if any,'' and updating case disposition
codes (the most up-to-date codes can be found in the E-Verify Employer
Manual available at https://www.dhs.gov/e-verify).
This updated system is included in the Department of Homeland
Security's inventory of record systems.
DATES: Submit comments on or before August 21, 2013. This updated
system will be effective August 21, 2013.
ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0051 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Donald K. Hawkins, (202-272-8030), Privacy Officer, United States
Citizenship and Immigration Services, 20 Massachusetts Avenue NW., 5th
Floor, Washington,
[[Page 43894]]
DC, 20529. For privacy issues please contact: Jonathan R. Cantor (202-
343-1717), Acting Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue the Department of
Homeland Security system of records titled, ``Department of Homeland
Security/U.S. Citizenship and Immigration Services--011 E-Verify
Program System of Records.'' The USCIS E-Verify Program allows
employers to check citizenship status and verify employment eligibility
of newly hired employees.
DHS is updating this Privacy Act System of Records Notice for the
E-Verify Program in order to provide notice that E-Verify is adding the
collection of employee contact information including email address and
phone number from the employers using the recently updated Form I-9 to
the ``Categories of Records.'' DHS recently updated the Form I-9 to
allow an employee the option to provide his or her email address and
telephone number in order to facilitate direct notification by DHS to
the employee of potential mismatches between the information the
employee provided on the Form I-9 and the information in DHS or Social
Security Administration records. DHS is working to streamline E-Verify
processes and improve notice to employees regarding potential
mismatches. As updates to the E-Verify system take place to accommodate
the collection of employee contact information, if provided by the
employee and entered into E-Verify by the employer, employees will
begin to receive notifications regarding potential mismatches. This
employee contact information is used for the purpose of contacting the
employee and does not factor into employment eligibility verifications
processed through E-Verify. Additional information about the E-Verify
program including employee notification and the Tentative
Nonconfirmation process are available at https://www.dhs.gov/e-verify.
DHS is also updating Routine Use ``G'' to correct a drafting error in
the E-Verify SORN previously issued in the Federal Register on August
8, 2012, (77 FR 47419). Finally, DHS is making some non-substantive
technical changes to the Categories of Individuals, Categories of
Records such as, reflecting a change in the Form I-9 collection, which
previously requested ``maiden name'' and now requests ``other names
used, if any,'' and updating case disposition codes (the most up-to-
date codes can be found in the E-Verify Employer Manual available at
https://www.dhs.gov/e-verify).
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, the Department of Homeland
Security extends administrative Privacy Act protections to all
individuals when systems of records maintain information on U.S.
citizens, lawful permanent residents, and visitors.
Below is the description of the DHS/U.S. Citizenship and
Immigration Services--011, E-Verify Program System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
Department of Homeland Security (DHS)/U.S. Citizenship and
Immigration Services (USCIS)--011
System name:
DHS/U.S. Citizenship and Immigration Services--011--E-Verify
Program
Security classification:
Unclassified, for official use only.
System location:
Records are maintained at the U.S. Citizenship and Immigration
Services (USCIS) Headquarters in Washington, DC and field offices; and
at the DHS Stennis Data Center (DC1).
Categories of individuals covered by the system:
Categories of individuals covered by the E-Verify program include:
Employees, both U.S. Citizens and non-U.S. Citizens, whose employers
have submitted to E-Verify their identification and contact
information; employers who enroll in E-Verify; designated agents who
enroll in E-Verify; individuals employed or retained by employers or
designated agents who have accounts to use E-Verify; individuals who
contact E-Verify with information on the use of E-Verify; and
individuals who provide their names and contact information to E-Verify
for notification or contact purposes.
Categories of records in the system:
A. Information about the employee to be verified:
Name (last, first, middle initial, other names used, if
any);
Date of Birth;
Social Security Number (SSN);
Contact information such as email address and telephone
number;
Date of Hire;
Information related to the expiration of the three day
hire;
Awaiting SSN;
[cir] Technical Problems,
[cir] Audit Revealed New Hire Was Not Run,
[cir] Federal Contractor With E-Verify Clause Verifying Existing
Employees,
[cir] Other
Claimed Citizenship Status;
Acceptable Form I-9 document type;
Expiration Date of Acceptable Form I-9 Document;
State or jurisdiction of issuance of identity document
when that document is a driver's license, driver's permit, or state-
issued identification (ID) card;
Passport Number and Country of Issuance;
Driver's license number, driver's permit number, or state-
issued ID number if issued by a state or jurisdiction participating in
the Records and Information from Departments of Motor Vehicles for E-
Verify (RIDE) program and when a Memorandum of Agreement (MOA) exists
between the state or jurisdiction and DHS USCIS to verify the
information about the document;
Receipt Number;
Visa Number;
A-Number;
I-94 Number;
Employment Authorization Document (Form I-766) Number;
Permanent Residence Card (Form I-551) Number Photographs,
if required by secondary verification.
B. Disposition data from the employer. The following codes are
entered by the employer based on what the employer does as a result of
the employment verification information (the most up-to-date
disposition codes can be found in the E-Verify Employer
[[Page 43895]]
Manual available at https://www.dhs.gov/E-Verify):
The employee continues to work for the employer after
receiving and Employment Authorized result: Employer selects this
option based on receiving an Employment Authorized response from E-
Verify;
The employee continues to work for the employer after
receiving a Final Non-confirmation (FNC) result: Employer selects this
option based on the employee getting an FNC despite the employee
contesting the Tentative Non-confirmation (TNC) and the employer
retains the employee;
The employee continues to work for the employer after
receiving a No Show result: Employer selects this option based on the
employee getting a TNC but the employee did not try to resolve the
issue with the Social Security Administration (SSA) or DHS and the
employer retains the employee;
The employee continues to work for the employer after
choosing not to contest a TNC: Employer selects this option when the
employee does not contest the TNC but the employer retains the
employee;
The employee was terminated by the employer for receiving
a FNC result: Employer selects this option when employee receives FNC
and is terminated;
The employee was terminated by the employer for receiving
a No Show result: Employer selects this option when employee did not
take an action to resolve and is terminated;
The employee was terminated by the employer for choosing
not to contest a TNC: Employer selects this option when employee does
not contest the TNC and is terminated;
The employee voluntarily quit working for the employer:
Employer selects this option when employee voluntarily quits job
without regard to E-Verify;
The employee was terminated by the employer for reasons
other than E-Verify: Employer selects this option when employee is
terminated for reasons other than E-Verify;
The case is invalid because another case with the same
data already exists: Employer selects this option when the employer ran
an invalid query because the information had already been submitted;
The case is invalid because the data entered is incorrect:
Employer selects this option when the employer ran an invalid query
because the information was incorrect.
C. Information about the Employer or Designated Agent:
Company Name;
Street Address;
Employer Identification Number;
North American Industry Classification System (NAICS)
Code;
Number of Employees;
Number of Sites;
Parent Company or Corporate Company;
Name of Company Point of Contact;
Phone Number;
Fax Number;
E-Mail Address.
D. Information about the Individual Employer User of E-Verify:
(e.g., Human Resource employee conducting E-Verify queries):
Last Name;
First Name;
Middle Initial;
Phone Number;
Fax Number;
Email Address;
User ID.
E. Employment Eligibility Information created by E-Verify:
Case Verification Number;
VIS Response (the most up-to-date codes can be found in
the E-Verify Employer Manual available at https://www.dhs.gov/E-Verify):
[cir] Employment Authorized,
[cir] DHS Verification in Process,
[cir] SSA TNC,
[cir] DHS TNC,
[cir] Employee Referred to SSA,
[cir] Employee Referred to DHS,
[cir] SSA Case in Continuance (In rare cases SSA needs more than 10
federal government workdays to confirm employment eligibility),
[cir] DHS Case in Continuance (In rare cases DHS needs more than 10
federal government workdays to confirm employment eligibility),
[cir] SSA FNC,
[cir] DHS FNC,
[cir] DHS No Show,
[cir] Case Incomplete,
[cir] Photo Matching Required,
[cir] Review and Update Employee Data,
[cir] Error: Close Case and Resubmit.
F. Information from state Motor Vehicle Agencies (MVA) used to
verify of the information from a driver's license, permit, or state
issued ID card if the state has established a MOA with DHS USCIS to
allow verification of this information. The categories of records from
MVAs may include:
Last Name;
First Name;
State or Jurisdiction of Issuance;
Document Type;
Document Number;
Date of Birth;
Status Text;
Status Description Text;
Expiration Date.
G. Information from federal databases used to verify employment
eligibility may contain some or all of the following information about
the individual being verified:
Last Name;
First Name;
Middle Name;
Other Names Used (e.g., Maiden Name);
Date of Birth;
Age;
Country of Birth;
Country of Citizenship;
Alien Number;
SSN;
Citizenship Number;
Receipt Number;
Address;
Previous Address;
Phone Number;
Nationality;
Gender;
Photograph;
Date Entered United States;
Class of Admission;
File Control Office Code;
Form I-94 Number;
Provision of Law Cited for Employment Authorization;
Office Code Where the Authorization Was Granted;
Date Employment Authorization Decision Issued;
Date Employment Authorization Begins;
Date Employment Authorization Expires;
Date Employment Authorization Denied;
Confirmation of Employment Eligibility;
TNC of Employment Eligibility and Justification;
FNC of Employment Eligibility;
Status of Department of Justice Executive Office
Immigration Review System (EOIR) Information, if in Proceedings;
Date Alien's Status Changed;
Class of Admission Code;
Date Admitted Until;
Port of Entry;
Departure Date;
Visa Number;
Passport Number;
Passport Information including Country of Issuance (COI);
Passport Card Number;
Form Number, for example Form I-551 (Lawful Permanent
Resident card) or Form I-766 (Employment Authorization Document);
Expiration Date;
Employment Authorization Card Information;
Lawful Permanent Resident Card Information;
Petitioner Internal Revenue Service Number;
Class of Admission;
[[Page 43896]]
Valid To Date;
Student Status;
Visa Code;
Status Code;
Status Change Date;
Port of Entry Code;
Non-Citizen Entry Date;
Program End Date;
Naturalization Certificate Number;
Naturalization Date and Place;
Naturalization Information and Certificate;
Naturalization Verification (Citizenship Certificate
Identification ID);
Naturalization Verification (Citizenship Naturalization
Date/Time);
Immigration Status (Immigration Status Code);
Federal Bureau of Investigation Number;
Admission Number;
Petitioner Firm Name;
Petitioner Tax Number;
Date of Admission;
Marital Status;
Marriage Date and Place;
Marriage Information and Certificate;
Visa Control Number;
Visa Foil Number;
Class of Admission;
Case History;
Alerts;
Case Summary Comments;
Case Category;
Date of Encounter;
Encounter Information;
Case Actions & Decisions;
Bonds;
Current Status;
Asylum Applicant Receipt Date;
Airline and Flight Number;
Country of Residence;
City Where Boarded;
City Where Visa was Issued;
Date Visa Issued;
Address While in United States;
File Number;
File Location.
Authority for maintenance of the system:
Authority for having a system for verification of employment
eligibility is found in The Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), Public Law 104-208 (1996).
Purpose(s):
This system provides employment authorization information to
employers participating in E-Verify. It may also be used to support
monitoring and compliance activities for obtaining information in order
to prevent the commission of fraud, discrimination, or other misuse or
abuse of the E-Verify system, including violation of privacy laws or
other illegal activity related to misuse of E-Verify, including:
Investigating duplicate registrations by employers;
Inappropriate registration by individuals posing as
employers;
Verifications that are not performed within the required
time limits; and
Cases referred by and between E-Verify and the Department
of Justice Office of Special Counsel for Immigration-Related Unfair
Employment Practices, or other law enforcement entities.
Additionally, the information in E-Verify may be used for program
management and analysis, program outreach, customer service, and
preventing or deterring further use of stolen identities in E-Verify.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside the
Department of Homeland Security as a routine use pursuant to 5 U.S.C.
552a(b)(3). Any disclosure of information must be made consistent with
the official duties of the person making the disclosure. The routine
uses are as follows:
A. To the Department of Justice (DOJ), including U.S. Attorney
Offices, or other federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her official capacity;
3. any employee of DHS in his/her individual capacity when DOJ or
DHS has agreed to represent the employee; or
4. the U.S. or any agency thereof.
B. To a congressional office from the record of an individual in
response to a written inquiry from that congressional office made
pursuant to a Privacy Act waiver from the individual to whom the record
pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity 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) or harm to the
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of the E-Verify program, which
includes potential fraud, discrimination, or employment based identity
theft and such disclosure is proper and consistent with the official
duties of the person making the disclosure.
H. To employers participating in the E-Verify Program in order to
verify the employment eligibility of their employees working in the
United States.
I. To the American Association of Motor Vehicle Administrators
Network and participating MVAs for the purpose of validating
information for a driver's license, permit, or identification card
issued by the Motor Vehicle Agency of states or jurisdictions who have
signed a Memorandum of Agreement with DHS under the Records and
Information from Departments of Motor Vehicles for E-Verify (RIDE)
program.
J. To the DOJ, Civil Rights Division, for the purpose of responding
to matters
[[Page 43897]]
within the DOJ's jurisdiction of the E-Verify Program, especially with
respect to discrimination.
K. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by name, verification case number, Alien
Number, I-94 Number, Receipt Number, Passport (U.S. or Foreign) Number
and COI, Driver's License, Permit, or State-Issued Identification Card
Number, or SSN of the employee, employee user, or by the submitting
company name.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
Retention and disposal:
The retention and disposal schedule, N1-566-08-7 has been approved
by the National Archives and Records Administration. Records collected
in the process of enrolling in E-Verify and in verifying employment
eligibility are stored and retained in E-Verify for ten (10) years from
the date of the completion of the last transaction, unless the records
are part of an on-going investigation in which case they may be
retained until completion of the investigation. This period is based on
the statute of limitations for most types of misuse or fraud possible
using E-Verify (under 18 U.S.C. Sec. 3291, the statute of limitations
for false statements or misuse regarding passports, citizenship, or
naturalization documents).
System Manager and address:
Chief, Verification Division, U.S. Citizenship and Immigration
Services (USCIS), Washington, DC 20528.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the U.S. Citizenship and Immigration
Services (USCIS), Freedom of Information Act (FOIA) Officer, whose
contact information can be found at https://www.dhs.gov/foia under
``contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her the individual may
submit the request to the Chief Privacy Officer and Chief Freedom of
Information Act Officer, Department of Homeland Security, 245 Murray
Drive, SW., Building 410, STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address, and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov or 1-866-431-0486. In addition you should:
Explain why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without the above information the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained from several sources including:
(A) Information collected from employers about their employees
relating to employment eligibility verification;
(B) Information collected from E-Verify users used to provide
account access and monitoring;
(C) Information collected from Federal and state databases listed
below:
SSA Numident System,
CBP Nonimmigrant Information System (NIIS) and Border
Crossing Information (BCI),
ICE Student and Exchange Visitor Identification System
(SEVIS),
ICE ENFORCE Integrated Database (EID) Enforcement Alien
Removal, Module (EARM) Alien Number,
USCIS Aliens Change of Address System (AR-11),
USCIS Central Index System (CIS),
USCIS Customer Profile Management System (CPMS),
USCIS Computer-Linked Application Information Management
System Version 3 (CLAIMS 3),
USCIS Computer-Linked Application Information Management
System Version 4 (CLAIMS 4),
USCIS Citizenship and Immigration Services Centralized
Operational Repository (CISCOR),
USCIS National File Tracking System (NFTS),
USCIS Microfilm Digitization Application System (MiDAS),
USCIS Marriage Fraud Amendment System (MFAS),
USCIS Enterprise Document Management System (EDMS),
USCIS Refugees, Asylum, and Parole System (RAPS),
OBIM Arrival Departure Information System (ADIS),
Department of State Consular Consolidated Database (CCD),
[[Page 43898]]
Department of Justice Executive Office Immigration Review
(EOIR) Case Access System,
State Motor Vehicle Administrations, if participating in
the E-Verify RIDE initiative,
(D) Information created by E-Verify.
Exemptions claimed for the system:
None.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-17451 Filed 7-19-13; 8:45 am]
BILLING CODE 9111-97-P