Privacy Act of 1974; Department of Homeland Security United States Citizenship and Immigration Services-004 Systematic Alien Verification for Entitlements Program System of Records, 78619-78623 [2016-26499]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Pages 78619-78623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26499]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0076]


Privacy Act of 1974; Department of Homeland Security United 
States Citizenship and Immigration Services-004 Systematic Alien 
Verification for Entitlements Program System of Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to update and reissue a current DHS 
system of records titled, ``DHS/United States Citizenship and 
Immigration Services (USCIS)-004 Systematic Alien Verification for 
Entitlements (SAVE) Program'' system of records. DHS/USCIS collects, 
uses, and maintains the SAVE Program records on noncitizen applicants 
for public benefits, licenses, grants, governmental credentials, or 
other statutorily authorized purposes.
    DHS/USCIS is updating this system of records to: (1) Update the 
category of individuals to include sponsors listed on the Form I-864 
Affidavit of Support Under Section 213A of the Act; (2) expand the 
categories of records to clarify the data elements that USCIS collects 
from benefit requestors, spouse, and children; the Dun & Bradstreet 
Data Universal Numbering System (DUNS) number of the benefit granting 
agency; and information collected from the benefit-issuing agency about 
users accessing the system to facilitate immigration status 
verification; (3) add new routine use (I) to account for disclosure to 
airport operators as authorized by the FAA Extension, Safety, and 
Security Act of 2016; (4) expand and add additional record source 
categories; and (5) explain that this system of records contains 
records from systems of records that may claim exemptions and DHS will 
comply with the record source system exemptions when relevant. 
Additionally, this notice includes non-substantive changes to simplify 
the formatting and text of the previously published notice.
    This updated system will be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before December 8, 2016. This updated 
system will be effective December 8, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0076 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, please visit https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:

[[Page 78620]]

Donald K. Hawkins, (202) 272-8000, Privacy Officer, U.S. Citizenship 
and Immigration Services, 20 Massachusetts Avenue NW., Washington, DC 
20529. For privacy questions, please contact: Jonathan R. Cantor, (202) 
343-1717, Acting Chief Privacy Officer, Privacy Office, U.S. Department 
of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS/
USCIS proposes to update and reissue a current DHS system of records 
titled, ``DHS/U.S. Citizenship and Immigration Services (USCIS)-004, 
Systematic Alien Verification for Entitlement (SAVE) Program System of 
Records.''
    The SAVE Program is a primarily web-based service designed to 
assist Federal, State, tribal, and local government agencies, benefit-
issuing agencies, private entities, institutions, and licensing bureaus 
authorized by law in determining immigration status for granting 
benefits, licenses, and other lawful purposes. Benefits may include 
Social Security benefits, public health care, food stamps, conducting 
background investigations, armed forces recruitment, REAL ID 
compliance, or any other statutorily authorized purpose. The SAVE 
Program does not provide determinations regarding an applicant's 
eligibility for a specific benefit or license; only the benefit 
granting agency can make that determination. The SAVE Program does not 
receive the customer agency's final determination of benefit 
eligibility.
    USCIS is updating this Privacy Act System of Records Notice for the 
SAVE Program to (1) update the category of individuals covered by this 
SORN, to include sponsors listed on the Form I-864, Affidavit of 
Support Under Section 213A of the Act and information collected from 
the benefit-issuing agency about users accessing the system to 
facilitate immigration status verification; (2) expand the category of 
records to include foreign passport expiration number; copies of 
original immigration documents submitted by the SAVE customer; photos; 
employment authorization document; grant date; and sponsor name, 
address, and Social Security number (SSN); the Dun & Bradstreet Data 
Universal Numbering System (DUNS) number of the benefit granting 
agency; information collected from the benefit-issuing agency about 
users accessing the system to facilitate immigration status 
verification (e.g., agency name, address, point(s) of contact, contact 
telephone number, fax number, email address, user ID, type of 
benefit(s) the agency issues (e.g. Unemployment Insurance, Educational 
Assistance, Driver Licensing, Social Security Enumeration)); (3) add 
routine use (I) to account for non-governmental agencies authorized by 
law to access the SAVE Program pursuant to the FAA Extension, Safety, 
and Security Act of 2016; (4) update the record source categories from 
U.S. Customs and Border Protection (CBP) Nonimmigrant Information 
System and Border Crossing Information (NIIS and BCI) to CBP TECS and 
CBP Automatic Tracking System-Passenger (ATS-P) and add the USCIS 
Electronic Immigration System (ELIS) and the USCIS Person Centric Query 
Service (PCQS); (5) update to include exemptions because this system of 
records receives records from other systems that may be exempted under 
5 U.S.C. 552a(j)(2). DHS will claim the same exemptions for those 
records that are claimed for the original primary systems of records 
from which they originated. Furthermore, this notice includes non-
substantive changes to simplify the formatting and text of the 
previously published notice.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/USCIS-004 Systematic Alien Verification for 
Entitlement (SAVE) Program may be shared with other DHS components that 
have a need to know the information to carry out their national 
security, law enforcement, immigration, intelligence, or other homeland 
security functions. In addition, DHS/USCIS may share information with 
appropriate Federal, State, local, tribal, territorial, foreign, or 
international government agencies consistent with the routine uses set 
forth in this system of records notice.
    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. 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-004 Systematic Alien 
Verification for Entitlements (SAVE) 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)-004

System name:
    DHS/USCIS-004 Systematic Alien Verification for Entitlements (SAVE) 
Program

Security classification:
    Unclassified, For Official Use Only.

System location:
    Records are maintained at USCIS Headquarters in Washington, DC, 
DHS/USCIS domestic and international field offices, and at the DHS 
Stennis Data Center (DC1).

Categories of individuals covered by the system:
    Categories of individuals covered by this system include both U.S. 
citizens and non-U.S. citizens covered by provisions of the Immigration 
and Nationality Act of the United States, including individuals who 
have been lawfully admitted to the United States, individuals who have 
been granted or derived U.S. citizenship, and individuals who have 
applied for other immigration benefits pursuant to 8 U.S.C. 1103 et 
seq., as well as sponsors listed on the Form I-864, Affidavit of 
Support Under Section 213A of the Act.

Categories of records in the system:
    Information collected from the benefit applicant by the agency 
issuing the benefit to facilitate immigration status verification may 
include the following about the benefit applicant:
     Full Name;
     Date of birth;
     Country of birth;
     A-Number;
     SSN (in very limited circumstances using the Form G-845, 
Document Verification Request);
     Receipt number;
     Admission number (I-94 number);
     Customer Agency Case number;
     Agency DUNS number;
     Visa number;
     DHS Document type;

[[Page 78621]]

     DHS Document Expiration date;
     Government-issued identification (e.g., passport):
    [cir] Document type;
    [cir] Country of issuance (COI);
    [cir] Document number;
    [cir] Expiration date; and
    [cir] Benefit requested (e.g., unemployment insurance, educational 
assistance, driving licensing).
     Copies of original immigration documents; and
     U.S. Immigration and Custom Enforcement (ICE) Student and 
Exchange Visitor Identification System (SEVIS) ID.
    System-generated responses as a result of the SAVE program 
verification process including:
     Case Verification; and
     SAVE program response.
    Information collected from the benefit-issuing agency about users 
accessing the system to facilitate immigration status verification that 
may include the following about the agency:
     Agency name;
     Address;
     Names of Point(s) of Contact;
     Contact telephone number;
     Fax number;
     Email address;
     User ID; and
     Type of benefit(s) the agency issues (e.g., Unemployment 
Insurance, Educational Assistance, Driver Licensing, and Social 
Security Enumeration).
    Individual information that may be used by the SAVE program 
includes:
     Full Name;
     Date of birth;
     Country of birth;
     A-Number;
     SSN;
     Photograph;
     Government-issued identification (e.g., passport):
    [cir] Document type;
    [cir] Country of issuance (COI);
    [cir] Document number; and
    [cir] Expiration date.
     Visa number;
     Form numbers (e.g., Form I-551, Lawful Permanent Resident 
Card, Form I-766, Employment Authorization Document);
     Other unique identifying numbers (e.g., Federal Bureau of 
Investigation Number (FIN), SEVIS Identification Number (SEVIS ID), 
Admission number (I-94 number);
     Entry/Departure date;
     Port of entry;
     Alien Status Change date;
     Naturalization date;
     Date admitted until, country of citizenship;
     Document Grant date;
     Document Receipt number;
     Codes (e.g., class of admission, file control office, 
provision of law cited for employment authorization);
     Beneficiary information (e.g., Full Name, A-Number, Date 
of birth, Country of birth, SSN);
     Petitioner information (e.g., Full Name, A-Number, SSN, 
Tax number, Naturalization Certificate number);
     Sponsor information (e.g., Full Name, Address, SSN);
     Spouse information (e.g., Full Name, A-Number, Date of 
birth, Country of birth, Country of citizenship, Class of admission, 
Date of admission, Receipt number, Phone number, Marriage date and 
location, Naturalization date and location);
     Children information (e.g., Full Name, A-Number, Date of 
birth, Country of birth, Class of admission); and
     Employer information (e.g., Full Name, Address, 
Supervisor's name, Supervisor's Phone number).
    Case history information may include:
     Alert(s);
     Case summary comments;
     Case category;
     Date of encounter;
     Encounter information;
     Custody actions and decisions;
     Case actions and decisions;
     Bonds;
     Photograph;
     Asylum applicant receipt date;
     Airline and flight number;
     Country of residence;
     City (e.g., where boarded, where visa was issued);
     Date visa issued;
     Address in United States;
     Nationality;
     Decision memoranda; Investigatory reports and materials 
compiled for the purpose of enforcing immigration laws;
     Exhibits;
     Transcripts; and
     Other case-related papers concerning aliens, alleged 
aliens, or lawful permanent residents brought into the administrative 
adjudication process.

Authority for maintenance of the system:
    Authority for having a system for verification of immigration 
status is found in Immigration Reform and Control Act (IRCA), Public 
Law 99-603, 100 Stat. 3359 (1986); Personal Responsibility and Work 
Opportunity Reconciliation Act (PRWORA), Public Law 104-193, 110 Stat. 
2105 (1996); Title IV, Subtitle A, of Illegal Immigration Reform and 
Immigrant Responsibility Act (IIRIRA), Public Law 104-208, 110 Stat. 
3009 (1997); the REAL ID Act of 2005, Public Law 109-13, 119 Stat. 231 
(2005); Patient Protection and Affordable Care Act, Public Law 111-148, 
124 Stat. 119 (Mar. 23, 2010), as amended by the Health Care and 
Education Reconciliation Act of 2010, Public Law 111-152, 124 Stat. 
1029 (Mar. 30, 2010); and the FAA Extension, Safety and Security Act of 
2016, Public Law 114-190, 130 Stat. 615 (July 15, 2016).

Purpose(s):
    The purpose of this system is to provide a fee-based service that 
assists federal, state, tribal, or local government agencies, or 
contractors acting on the agency's behalf, private entities and 
agencies and licensing bureaus for any legally mandated purpose in 
accordance with an authorizing statute to confirm immigration and 
naturalized and derived citizen status information, to the extent that 
such disclosure is necessary to enable these agencies and entities to 
make decisions related to (1) determining eligibility for a federal, 
state, or local public benefit; (2) issuing a license or grant; (3) 
issuing a government credential; (4) conducting a background 
investigation; or (5) any other lawful purpose.

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 as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the U.S. Department of Justice (DOJ), including Offices of 
the United States Attorneys, 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 or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.

[[Page 78622]]

    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 identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure 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, local, tribal, territorial, 
international, or foreign law enforcement agency or other appropriate 
authority charged with investigating or prosecuting a violation, 
enforcing, or implementing a law, rule, regulation, or order, when a 
record, either on its face or in conjunction with other information, 
indicates a violation or potential violation of law, which includes 
criminal, civil, or regulatory violations and such disclosure is proper 
and consistent with the official duties of the person making the 
disclosure.
    H. To approved federal, state, and local government agencies for 
any legally mandated purpose in accordance with their authorizing 
statute or law and when an approved Memorandum of Agreement or Computer 
Matching Agreement (CMA) is in place between DHS and the entity.
    I. To airport operators to determine the eligibility of individuals 
seeking unescorted access to any Security Identification Display Area 
of an airport, as required by the FAA Extension, Safety, and Security 
Act of 2016.
    J. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS 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:
    USCIS stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, and digital media.

Retrievability:
    USCIS retrieves records by name of applicant or other unique 
identifier to include (but not limited to): Verification Number, A-
Number, I-94 Number, SSN, Passport number and Country of Issuance 
(COI), Visa number, SEVIS Identification, or by the submitting agency 
name.

Safeguards:
    USCIS safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. USCIS has imposed strict controls to 
minimize the risk of compromising the information that is being stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

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 SAVE and in verifying citizenship or 
immigration status are stored and retained in SAVE for ten (10) years 
from the date of the completion of verification, unless the records are 
part of an ongoing investigation in which case they will 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 
SAVE (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:
    The DHS system manager is the Chief, Verification Division, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
131 M Street NE., Suite 200, Mail Stop 200, Washington, DC 20529.

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 National Records Center, Freedom 
of Information Act (FOIA)/Privacy Act (PA) Office, P.O. Box 648010, 
Lee's Summit, MO 64064-8010. Specific FOIA 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 FOIA 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

[[Page 78623]]

     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 to include:
    (A) Agencies and entities seeking to determine immigration or 
naturalized or derived citizenship status;
    (B) Individuals seeking public licenses, benefits, or credentials;
    (C) Other DHS components assisting with enrollment and system 
maintenance processes;
    (D) Information collected from the federal databases listed below:
     Arrival/Departure Information System (ADIS);
     Central Index System (CIS);
     Computer-Linked Application Information Management System 
3 & 4 (CLAIMS 3 & CLAIMS 4);
     Customer Profile Management System (CPMS);
     Customs and Border Protection's (CBP) TECS;
     CBP Automatic Tracking System-Passenger (ATS-P);
     Electronic Immigration System (ELIS);
     Enforcement Integrated Database (EID);
     Enforcement Alien Removal Module (EARM);
     Enterprise Service Bus Person Centric Query Service (ESB 
PCQS);
     Enterprise Citizenship and Immigration Services 
Centralized Operational Repository (eCISCOR);
     Enterprise Document Management System (EDMS);
     Marriage Fraud Amendment System (MFAS);
     Microfilm Digitization Application System (MiDAS);
     National File Tracking System (NFTS);
     Refugees, Asylum, and Parole System (RAPS);
     DOJ's Immigration Review Information Exchange System 
(IRIES);
     Student and Exchange Visitor Identification System 
(SEVIS);
     Immigration status (e.g., Lawful Permanent Resident) from 
the Department of Justice Executive Office of Immigration Review (EOIR) 
System; and
     Department of State the Consular Consolidated Database 
(DOS-CCD).
    (E) Information created by the Systematic Alien Verification for 
Entitlements (SAVE) program.

Exemptions claimed for the system:
    This system may receive records from another system exempted in 
that source system under 5 U.S.C. 552a(j)(2). DHS will claim the same 
exemptions for those records that are claimed for the systems of 
records from which they originated.

    Dated: October 27, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-26499 Filed 11-7-16; 8:45 am]
 BILLING CODE 9111-97-P