Privacy Act of 1974; Department of Homeland Security U.S. Citizenship and Immigration Services-011 E-Verify Program System of Records, 46852-46857 [2014-18701]
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46852
Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Notices
League of the United States Building,
2300 Wilson Boulevard, Suite 100,
Arlington, VA 22201. The meeting will
be open to the public.
DATES: The NIAC will meet on Friday,
September 5, 2014, from 1:30 p.m. to
4:30 p.m. The meeting may close early
if the council has completed its
business. For additional information,
please consult the NIAC Web site,
www.dhs.gov/NIAC, or contact the NIAC
Secretariat by phone at (703) 235–2888
or by email at NIAC@hq.dhs.gov.
ADDRESSES: Navy League of the United
States Building, 2300 Wilson Boulevard,
Suite 100, Arlington, VA 22201. For
information on facilities or services for
individuals with disabilities, or to
request special assistance at the
meeting, contact the person listed under
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FOR FURTHER INFORMATION CONTACT
below as soon as possible.
To facilitate public participation, we
are inviting public comment on the
issues to be considered by the Council
as listed in the ‘‘Summary’’ section
below. Comments must be submitted in
writing no later than 12:00 p.m. on
September 2, 2014, must be identified
by ‘‘DHS–2014–0036,’’ and may be
submitted by any one of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting written
comments.
• Email: NIAC@hq.dhs.gov. Include
the docket number in the subject line of
the message.
• Fax: (703) 603–5098.
• Mail: Nancy Wong, National
Protection and Programs Directorate,
Department of Homeland Security, 245
Murray Lane SW., Mail Stop 0607,
Arlington, VA 20598–0607.
Instructions: All written submissions
received must include the words
‘‘Department of Homeland Security’’
and the docket number for this action.
Written comments received will be
posted without alteration at
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received by the NIAC, go to
www.regulations.gov.
Members of the public will have an
opportunity to provide oral comments
on the Transportation Resilience
Working Group study and on Senior
Executive/Chief Executive Officer (CEO)
Engagement and Summary of the
National Infrastructure Protection Plan
2013: Partnering for Critical
Infrastructure Security and Resilience
(NIPP 2013). We request that comments
be limited to the issues listed in the
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meeting agenda and previous NIAC
studies. All previous NIAC studies can
be located at www.dhs.gov/NIAC. Public
comments may be submitted in writing
or presented in person for the Council
to consider. Comments received by
Nancy Wong after 12:00 p.m. on
September 2, 2014, will still be accepted
and reviewed by the members, but not
necessarily by the time of the meeting.
In-person presentations will be limited
to three minutes per speaker, with no
more than 15 minutes for all speakers.
Parties interested in making in-person
comments should register on the Public
Comment Registration list available at
the meeting location no later than 15
minutes prior to the beginning of the
meeting.
FOR FURTHER INFORMATION CONTACT:
Nancy Wong, National Infrastructure
Advisory Council Designated Federal
Officer, Department of Homeland
Security, (703) 235–2888.
SUPPLEMENTARY INFORMATION: Notice of
this meeting is given under the Federal
Advisory Committee Act, 5 U.S.C. App.
(Pub. L. 92–463). The NIAC shall
provide the President, through the
Secretary of Homeland Security, with
advice on the security and resilience of
the Nation’s critical infrastructure
sectors.
The NIAC will meet to discuss issues
relevant to critical infrastructure
security and resilience as directed by
the President. At this meeting, the
committee will receive and discuss a
presentation from the Transportation
Resilience Working Group documenting
their work to date on a study reviewing
the Transportation Sector’s resilience
against potentially disruptive events.
The committee will also receive a
working group update on the
development of recommendations for an
Executive Summary of the National
Infrastructure Plan 2013, targeted for
use by Senior Executive Level/CEO
critical infrastructure owners and
operators and a communication strategy
with this target community. Both
presentations will be posted no later
than one week prior to the meeting on
the council’s public Web page—
www.dhs.gov/NIAC. The council will
review and discuss the presentations,
and determine a path forward on each
initiative.
Meeting Agenda
I. Opening of Meeting
II. Roll Call of Members
III. Opening Remarks and Introductions
IV. Approval of Meeting Minutes
V. Working Group Presentation on
Transportation Resilience Study,
Path Forward to Execute Study
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VI. Working Group Presentation on
Status, and Refinement of Path
Forward of Government Requested
Recommendation on Senior
Executive/CEO Engagement and
Executive Summary of the NIPP
2013
VII. Public Comment: Topics Limited to
Transportation Resilience Study;
Senior Executive/CEO Engagement
and Executive Summary of NIPP
2013; and Previously Issued NIAC
Studies and Recommendations
VIII. Discussion and Deliberations by
Council on Presentations and Paths
Forward of Working Groups
IX. Closing Remarks
Nancy Wong,
Designated Federal Officer for the NIAC.
[FR Doc. 2014–18871 Filed 8–8–14; 8:45 am]
BILLING CODE 9110–9P–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2014–0040]
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/U.S. Citizenship and
Immigration Services—011 E-Verify
Program System of Records.’’ The U.S.
Citizenship and Immigration Services EVerify program allows employers to
electronically verify the employment
authorization of newly hired employees.
To provide individuals the ability to
learn about their work authorization
status information, the U.S. Citizenship
and Immigration Services also operates
a free service called Self-Check. The
U.S. Citizenship and Immigration
Services is launching enhanced features
to the Self Check service that permits
individuals who successfully complete
a Self Check identification process the
opportunity to establish a myE-Verify
account. The information collected to
register and maintain a myE-Verify
account is covered by the ‘‘Department
of Homeland Security/ALL—037 EAuthentication System of Records’’
SUMMARY:
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published elsewhere in the Federal
Register. U.S. Citizenship and
Immigration Services is updating this
System of Records Notice to include the
operational data previously covered by
‘‘Department of Homeland Security U.S.
Citizenship and Immigration Services—
013 Self Check System of Records,’’
which is being consolidated into DHS/
ALL—037 E-Authentication System of
Records and this System of Records
Notice. The Self Check query, query
results, and Self Lock transaction
history will now be maintained by this
updated System of Records Notice. The
initial launch of myE-Verify will allow
access to a feature called ‘‘Self Lock,’’
which enables an account holder to
prevent the use of his or her Social
Security number in E-Verify and Self
Check. Additional myE-Verify account
features such as Case History, Case
Tracker, and Document Expiration
Reminders will be made available in
future releases. 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 updating
the ‘‘Category of Individuals,’’ ‘‘Category
of Records,’’ ‘‘Purpose(s),’’ and ‘‘Record
Source Categories’’ to account for
additional information necessary to
operate myE-Verify account features. EVerify is updating the ‘‘Category of
Individuals’’ to include individuals that
successfully use the E-Verify Self Check
service to check employment eligibility,
which was previously covered by the EVerify Self Check System of Records,
and individuals who have locked their
Social Security number in E-Verify. EVerify is also updating the ‘‘Category of
Records’’ to include Self Check query
information, which was previously
covered by the E-Verify Self Check
System of Records Notice, and Social
Security number lock information. EVerify is updating the ‘‘Purpose(s)’’ to
include providing employment
authorization information to individuals
seeking to check employment eligibility
under the Immigration and
Naturalization Act. This system will
also enable individuals to access
features concerning the use of their
personally identifiable information in EVerify and Self Check, such as the
ability to lock their Social Security
number to prevent its use in E-Verify
and Self Check.
This updated system will be included
in the Department of Homeland
Security’s inventory of record systems.
DATES: Submit comments on or before
September 10, 2014. This updated
system will be effective September 10,
2014.
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You may submit comments,
identified by docket number DHS–
2014–0040 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: Karen Neuman, 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, please visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Donald K. Hawkins, (202) 272–8030,
Privacy Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts
Avenue NW., 5th Floor, Washington, DC
20529. For privacy questions, please
contact: Karen Neuman, (202) 343–1717,
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) U.S.
Citizenship and Immigration Services
(USCIS) proposes to update and reissue
a current DHS system of records titled,
‘‘DHS/USCIS–011 E-Verify Program
System of Records.’’ The USCIS E-Verify
Program allows employers to confirm
employment eligibility of newly hired
employees.
To provide individuals the ability to
learn about their work authorization
status information, USCIS operates a
free service called Self-Check. USCIS is
launching enhanced features to the Self
Check service that permit individuals
who successfully complete a Self Check
case to establish a myE-Verify account.
The information collected to register
and maintain a myE-Verify account,
including information collected for Eauthentication purposes, is covered by
the ‘‘DHS/ALL–037 E-Authentication
System of Records’’ published
elsewhere in the Federal Register. DHS/
ALL–037 E-Authentication System of
Records and this System of Records
Notice consolidate the previously issued
‘‘Department of Homeland Security U.S.
Citizenship and Immigration Services-
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46853
013 Self Check System of Records.’’ As
a result of this consolidation, by this
notice, DHS intends to remove DHS/
USCIS–013 from its inventory of
systems of records.
The initial launch of myE-Verify will
allow access to a feature called ‘‘Self
Lock,’’ which will enable an account
holder to prevent the use of his or her
Social Security number (SSN) in EVerify and Self Check. Additional myEVerify account features such as Case
History, Case Tracker, and Document
Expiration Reminders will be made
available in future releases. DHS is
updating this Privacy Act System of
Records Notice for the E-Verify Program
to provide notice that E-Verify is
updating the ‘‘Category of Individuals,’’
‘‘Category of Records,’’ ‘‘Purpose(s),’’
and ‘‘Record Source Categories’’ to
account for the additional information
collection necessary to operate myEVerify account features. E-Verify is
updating the ‘‘Category of Individuals’’
to include (1) individuals that
successfully use the E-Verify Self Check
service to check employment eligibility,
which was previously covered by the EVerify Self Check System of Records,
and (2) individuals who have locked
their SSN in E-Verify. E-Verify is also
updating the ‘‘Category of Records’’ to
include (1) Self Check query
information, which was previously
covered by the E-Verify Self Check
System of Records Notice, and (2) SSN
lock information. E-Verify is updating
‘‘Purpose(s)’’ to include providing
employment authorization information
to individuals seeking to check
employment eligibility under the
Immigration and Naturalization Act.
This system will also enable individuals
to access features concerning the use of
their personally identifiable information
in E-Verify and Self Check such as the
ability to lock their SSN to prevent its
use in E-Verify and Self Check.
This updated system will be included
in DHS’s inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which Federal Government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
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citizens and lawful permanent
residents. As a matter of policy, DHS
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/
USCIS–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/USCIS–011 E-Verify Program.
SECURITY CLASSIFICATION:
Unclassified, for official use only.
SYSTEM LOCATION:
Records are maintained at USCIS
Headquarters in Washington, DC, 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 nonU.S. Citizens, whose employers have
submitted to E-Verify their
identification and contact information;
employers that enroll in E-Verify;
designated agents who enroll in EVerify; individuals employed or
retained by employers or designated
agents who have accounts to use
E-Verify; individuals who contact EVerify with information on the use of EVerify; individuals who provide their
names and contact information to EVerify for notification or contact
purposes; individuals seeking to check
employment eligibility under the
Immigration and Naturalization Act
(INA); and individuals who have
created a myE-Verify account and
locked their SSNs in E-Verify to prevent
them from being used in E-Verify and
Self Check.
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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;
• SSN;
• Contact information such as email
address and telephone number;
• Date of Hire;
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• 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; and
• 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
Manual available at https://www.dhs.gov/
E-Verify):
• The employee continues to work for
the employer after receiving an
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:
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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; and
• 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.
• Information related to the
expiration of the three day hire rule;
• Whether an individual is awaiting a
SSN;
• Technical Problems;
• Audit Revealed New Hire Was Not
Run;
• Federal Contractor With E-Verify
Clause Verifying Existing Employees;
• Other.
C. Information about the Enrollee,
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; and
• EMail 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; and
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• User ID.
E. Employment Eligibility Information
created by E-Verify:
• Case Verification Number; and
• Verification Information System
Response (the most up-to-date codes can
be found in the E-Verify Employer
Manual available at https://www.dhs.gov/
E-Verify):
• Employment Authorized,
• DHS Verification in Process,
• SSA TNC,
• DHS TNC,
• Employee Referred to SSA,
• Employee Referred to DHS,
• SSA Case in Continuance (In rare
cases SSA needs more than 10 federal
government workdays to confirm
employment eligibility),
• DHS Case in Continuance (In rare
cases DHS needs more than 10 federal
government workdays to confirm
employment eligibility),
• SSA FNC,
• DHS FNC,
• DHS No Show,
• Case Incomplete,
• Photo Matching Required,
• Review and Update Employee Data,
and
• Error: Close Case and Resubmit.
F. Information from state Motor
Vehicle Agencies (MVA) used to verify
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; and
• 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;
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• 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;
• 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);
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• 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; and
• File Location.
H. Information from individuals that
successfully complete an E-Verify query
using Self Check:
• Name (last, first, middle initial, and
other names used, if any);
• Date of Birth;
• SSN; and
• Document(s) type, associated
number, and associated expiration date
that demonstrates work authorization.
These may include U.S. Passport,
employment authorization document,
I–495 Lawful Permanent Resident card,
or other documents and associated
numbers a listed as acceptable Form
I–9 verification documents.
I. Information from individuals that
establish a lock on their SSN through
myE-Verify accounts:
• Name (last, first);
• SSN;
• Date of Birth;
• Lock Receipt Number;
• Lock Date and Expiration Date;
• Email Address; and
• Self-Generated Security Questions
and Answers.
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,
§§ 401–405 (Sept. 30, 1996), codified at
8 U.S.C. 1324a note.
PURPOSE(S):
This system provides employment
authorization information to employers
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participating in E-Verify and to
individuals seeking to check
employment eligibility under the INA.
This system will also enable individuals
to access features concerning the use of
their personally identifiable information
in E-Verify and Self Check such as the
ability to lock their SSN to prevent its
use in E-Verify and Self Check. 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 or
incomplete enrollments by employers;
• Inappropriate enrollments 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
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.
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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 DHS, except as
limited by statute, 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 Offices of the U.S. Attorneys,
or other federal agencies 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
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17:35 Aug 08, 2014
Jkt 232001
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
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
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Frm 00088
Fmt 4703
Sfmt 4703
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 RIDE program.
J. To the DOJ, Civil Rights Division,
for the purpose of responding to matters
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 the Chief Privacy Officer
determines that release of the specific
information in the context of a
particular case would constitute an
unwarranted invasion of personal
privacy.
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
E:\FR\FM\11AUN1.SGM
11AUN1
Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Notices
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:
NARA approved the retention and
disposal schedule, N1–566–08–007,
which covers E-Verify records. E-Verify
stores and retains records collected in
the process of enrolling in E-Verify and
in verifying employment eligibility for
ten (10) years from the date of the
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
E-Verify (under 18 U.S.C. § 3291, the
statute of limitations for false statements
or misuse regarding passports,
citizenship, or naturalization
documents).
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; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
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.
SYSTEM MANAGER AND ADDRESS:
CONTESTING RECORD PROCEDURES:
NOTIFICATION PROCEDURE:
mstockstill on DSK4VPTVN1PROD with NOTICES
Chief, Verification Division, USCIS,
Washington, DC 20528.
RECORD SOURCE CATEGORIES:
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 USCIS,
Freedom of Information Act (FOIA)
Officer, whose contact information can
be found at https://www.dhs.gov/foia
under ‘‘FOIA Contact Information.’’ If
an individual believes more than one
component maintains Privacy Act
records concerning himself or herself,
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, Subpart B. 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,
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,
• Customs and Border Protection
(CBP) Arrival and Departure
Information System (ADIS),
• CBP Nonimmigrant Information
System (NIIS) and Border Crossing
Information (BCI),
• Immigration Customs and
Enforcement (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),
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17:35 Aug 08, 2014
Jkt 232001
See ‘‘Notification procedure’’ above.
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
46857
• 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),
• Department of State Consular
Consolidated Database (CCD),
• DOJ EOIR Case Access System,
• State Motor Vehicle
Administrations, if participating in the
E-Verify RIDE initiative,
(D) Information created by E-Verify,
and
(E) Information from individuals
seeking to check employment eligibility
and access to features concerning the
use of their information in E-Verify and
Self Check.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: July 31, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2014–18701 Filed 8–8–14; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2014–0039]
Privacy Act of 1974; Department of
Homeland Security/ALL–037 EAuthentication Records 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
establish a new system of records titled,
Department of Homeland Security/ALL–
037 E-Authentication Records System of
Records. This system of records allows
the Department of Homeland Security to
collect, maintain, and retrieve records
about individuals, including members
of the public, who electronically
authenticate their identities. The
information in this system of records
includes data collected by programs and
applications for use when the
Department of Homeland Security or a
SUMMARY:
E:\FR\FM\11AUN1.SGM
11AUN1
Agencies
[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46852-46857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18701]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2014-0040]
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/U.S. Citizenship and Immigration Services--011 E-Verify
Program System of Records.'' The U.S. Citizenship and Immigration
Services E-Verify program allows employers to electronically verify the
employment authorization of newly hired employees. To provide
individuals the ability to learn about their work authorization status
information, the U.S. Citizenship and Immigration Services also
operates a free service called Self-Check. The U.S. Citizenship and
Immigration Services is launching enhanced features to the Self Check
service that permits individuals who successfully complete a Self Check
identification process the opportunity to establish a myE-Verify
account. The information collected to register and maintain a myE-
Verify account is covered by the ``Department of Homeland Security/
ALL--037 E-Authentication System of Records''
[[Page 46853]]
published elsewhere in the Federal Register. U.S. Citizenship and
Immigration Services is updating this System of Records Notice to
include the operational data previously covered by ``Department of
Homeland Security U.S. Citizenship and Immigration Services--013 Self
Check System of Records,'' which is being consolidated into DHS/ALL--
037 E-Authentication System of Records and this System of Records
Notice. The Self Check query, query results, and Self Lock transaction
history will now be maintained by this updated System of Records
Notice. The initial launch of myE-Verify will allow access to a feature
called ``Self Lock,'' which enables an account holder to prevent the
use of his or her Social Security number in E-Verify and Self Check.
Additional myE-Verify account features such as Case History, Case
Tracker, and Document Expiration Reminders will be made available in
future releases. 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 updating the ``Category of
Individuals,'' ``Category of Records,'' ``Purpose(s),'' and ``Record
Source Categories'' to account for additional information necessary to
operate myE-Verify account features. E-Verify is updating the
``Category of Individuals'' to include individuals that successfully
use the E-Verify Self Check service to check employment eligibility,
which was previously covered by the E-Verify Self Check System of
Records, and individuals who have locked their Social Security number
in E-Verify. E-Verify is also updating the ``Category of Records'' to
include Self Check query information, which was previously covered by
the E-Verify Self Check System of Records Notice, and Social Security
number lock information. E-Verify is updating the ``Purpose(s)'' to
include providing employment authorization information to individuals
seeking to check employment eligibility under the Immigration and
Naturalization Act. This system will also enable individuals to access
features concerning the use of their personally identifiable
information in E-Verify and Self Check, such as the ability to lock
their Social Security number to prevent its use in E-Verify and Self
Check.
This updated system will be included in the Department of Homeland
Security's inventory of record systems.
DATES: Submit comments on or before September 10, 2014. This updated
system will be effective September 10, 2014.
ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0040 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: Karen Neuman, 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, please visit https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Donald K. Hawkins, (202) 272-8030, Privacy Officer, U.S. Citizenship
and Immigration Services, 20 Massachusetts Avenue NW., 5th Floor,
Washington, DC 20529. For privacy questions, please contact: Karen
Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) U.S. Citizenship and Immigration
Services (USCIS) proposes to update and reissue a current DHS system of
records titled, ``DHS/USCIS-011 E-Verify Program System of Records.''
The USCIS E-Verify Program allows employers to confirm employment
eligibility of newly hired employees.
To provide individuals the ability to learn about their work
authorization status information, USCIS operates a free service called
Self-Check. USCIS is launching enhanced features to the Self Check
service that permit individuals who successfully complete a Self Check
case to establish a myE-Verify account. The information collected to
register and maintain a myE-Verify account, including information
collected for E-authentication purposes, is covered by the ``DHS/ALL-
037 E-Authentication System of Records'' published elsewhere in the
Federal Register. DHS/ALL-037 E-Authentication System of Records and
this System of Records Notice consolidate the previously issued
``Department of Homeland Security U.S. Citizenship and Immigration
Services-013 Self Check System of Records.'' As a result of this
consolidation, by this notice, DHS intends to remove DHS/USCIS-013 from
its inventory of systems of records.
The initial launch of myE-Verify will allow access to a feature
called ``Self Lock,'' which will enable an account holder to prevent
the use of his or her Social Security number (SSN) in E-Verify and Self
Check. Additional myE-Verify account features such as Case History,
Case Tracker, and Document Expiration Reminders will be made available
in future releases. DHS is updating this Privacy Act System of Records
Notice for the E-Verify Program to provide notice that E-Verify is
updating the ``Category of Individuals,'' ``Category of Records,''
``Purpose(s),'' and ``Record Source Categories'' to account for the
additional information collection necessary to operate myE-Verify
account features. E-Verify is updating the ``Category of Individuals''
to include (1) individuals that successfully use the E-Verify Self
Check service to check employment eligibility, which was previously
covered by the E-Verify Self Check System of Records, and (2)
individuals who have locked their SSN in E-Verify. E-Verify is also
updating the ``Category of Records'' to include (1) Self Check query
information, which was previously covered by the E-Verify Self Check
System of Records Notice, and (2) SSN lock information. E-Verify is
updating ``Purpose(s)'' to include providing employment authorization
information to individuals seeking to check employment eligibility
under the Immigration and Naturalization Act. This system will also
enable individuals to access features concerning the use of their
personally identifiable information in E-Verify and Self Check such as
the ability to lock their SSN to prevent its use in E-Verify and Self
Check.
This updated system will be included in DHS's inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S.
[[Page 46854]]
citizens and lawful permanent residents. As a matter of policy, DHS
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/USCIS-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/USCIS-011 E-Verify Program.
Security classification:
Unclassified, for official use only.
System location:
Records are maintained at USCIS Headquarters in Washington, DC,
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 that 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; individuals
who provide their names and contact information to E-Verify for
notification or contact purposes; individuals seeking to check
employment eligibility under the Immigration and Naturalization Act
(INA); and individuals who have created a myE-Verify account and locked
their SSNs in E-Verify to prevent them from being used in E-Verify and
Self Check.
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;
SSN;
Contact information such as email address and telephone
number;
Date of Hire;
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; and
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 Manual
available at https://www.dhs.gov/E-Verify):
The employee continues to work for the employer after
receiving an 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;
and
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.
Information related to the expiration of the three day
hire rule;
Whether an individual is awaiting a SSN;
Technical Problems;
Audit Revealed New Hire Was Not Run;
Federal Contractor With E-Verify Clause Verifying Existing
Employees;
Other.
C. Information about the Enrollee, 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; and
EMail 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; and
[[Page 46855]]
User ID.
E. Employment Eligibility Information created by E-Verify:
Case Verification Number; and
Verification Information System Response (the most up-to-
date codes can be found in the E-Verify Employer Manual available at
https://www.dhs.gov/E-Verify):
Employment Authorized,
DHS Verification in Process,
SSA TNC,
DHS TNC,
Employee Referred to SSA,
Employee Referred to DHS,
SSA Case in Continuance (In rare cases SSA needs more than
10 federal government workdays to confirm employment eligibility),
DHS Case in Continuance (In rare cases DHS needs more than
10 federal government workdays to confirm employment eligibility),
SSA FNC,
DHS FNC,
DHS No Show,
Case Incomplete,
Photo Matching Required,
Review and Update Employee Data, and
Error: Close Case and Resubmit.
F. Information from state Motor Vehicle Agencies (MVA) used to
verify 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; and
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;
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; and
File Location.
H. Information from individuals that successfully complete an E-
Verify query using Self Check:
Name (last, first, middle initial, and other names used,
if any);
Date of Birth;
SSN; and
Document(s) type, associated number, and associated
expiration date that demonstrates work authorization. These may include
U.S. Passport, employment authorization document, I-495 Lawful
Permanent Resident card, or other documents and associated numbers a
listed as acceptable Form I-9 verification documents.
I. Information from individuals that establish a lock on their SSN
through myE-Verify accounts:
Name (last, first);
SSN;
Date of Birth;
Lock Receipt Number;
Lock Date and Expiration Date;
Email Address; and
Self-Generated Security Questions and Answers.
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, Sec. Sec.
401-405 (Sept. 30, 1996), codified at 8 U.S.C. 1324a note.
Purpose(s):
This system provides employment authorization information to
employers
[[Page 46856]]
participating in E-Verify and to individuals seeking to check
employment eligibility under the INA. This system will also enable
individuals to access features concerning the use of their personally
identifiable information in E-Verify and Self Check such as the ability
to lock their SSN to prevent its use in E-Verify and Self Check. 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 or incomplete enrollments by
employers;
Inappropriate enrollments 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 DHS,
except as limited by statute, 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 Offices of the
U.S. Attorneys, or other federal agencies 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 an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is 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 RIDE program.
J. To the DOJ, Civil Rights Division, for the purpose of responding
to matters 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
the Chief Privacy Officer determines that release of the specific
information in the context of a particular case would constitute an
unwarranted invasion of personal privacy.
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
[[Page 46857]]
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:
NARA approved the retention and disposal schedule, N1-566-08-007,
which covers E-Verify records. E-Verify stores and retains records
collected in the process of enrolling in E-Verify and in verifying
employment eligibility for ten (10) years from the date of the
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 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, 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 USCIS, Freedom of Information
Act (FOIA) Officer, whose contact information can be found at https://www.dhs.gov/foia under ``FOIA Contact Information.'' If an individual
believes more than one component maintains Privacy Act records
concerning himself or herself, 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, Subpart B.
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. Sec. 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; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
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,
Customs and Border Protection (CBP) Arrival and Departure
Information System (ADIS),
CBP Nonimmigrant Information System (NIIS) and Border
Crossing Information (BCI),
Immigration Customs and Enforcement (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),
Department of State Consular Consolidated Database (CCD),
DOJ EOIR Case Access System,
State Motor Vehicle Administrations, if participating in
the E-Verify RIDE initiative,
(D) Information created by E-Verify, and
(E) Information from individuals seeking to check employment
eligibility and access to features concerning the use of their
information in E-Verify and Self Check.
Exemptions claimed for the system:
None.
Dated: July 31, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-18701 Filed 8-8-14; 8:45 am]
BILLING CODE 9111-97-P