Subject: Federal Register, Volume 76 Issue 183 (Wednesday, September 21, 2011)
From: <Saved by Windows Internet Explorer 7>
Date: Thu, 8 Dec 2011 12:38:55 -0500

[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Notices]
[Pages 58525-58529]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2011-24221]

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

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0071]

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

AGENCY: Privacy Office, DHS.

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

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

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

[[Page 58526]]

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

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

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

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

SUPPLEMENTARY INFORMATION:

I. Background

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

SAVE Usage Overview

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

[[Page 58527]]

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

II. Privacy Act

The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the U.S. Government
collects, maintains, uses, and disseminates 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 for 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 where 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 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:
DHS/USCIS-004

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

Security classification:
Unclassified, for official use only.

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

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 United States Code
(U.S.C.) 1103 et seq.
SAVE users are covered by the DHS/ALL-004--General Information
Technology Access Account Records System SORN (74 FR 49882, last
published September 29, 2009).

Categories of records in the system:
A. Information collected from the benefit applicant by the customer
agency to facilitate immigration status verification may include the
following about the benefit applicant: receipt number, Alien Number (A-
Number), admission number (I-94 number), name (last, first, middle),
date of birth, country of birth, customer agency case number, DHS
document type, DHS document expiration date, Immigration and Custom
Enforcement's (ICE) Student and Exchange Visitor Identification System
(SEVIS) ID, foreign passport number, visa number, social security
number (in very limited circumstances using the Form G-845, Document
Verification Request), and type of benefit(s) for which the applicant
has applied (e.g., unemployment insurance, educational assistance,
driver licensing, etc.).
B. System-generated responses as a result of the SAVE verification
process including case verification number and SAVE response.
C. Any information on the individual may be verified through SAVE
from the following Federal databases: 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), Student and Exchange Visitor
Identification System (SEVIS), Customs and Border Protection's (CBP)
Nonimmigrant Information System and Border Crossing Information (NIIS
and BCI), Enforcement Integrated Database (EID), Enforcement Alien
Removal Module (EARM), 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), Reengineered Naturalization
Applications Casework System (RNACS), Image Storage and Retrieval
System (ISRS), and immigration status (e.g., Lawful Permanent Resident)
from the

[[Page 58528]]

Department of Justice Executive Office of Immigration Review (EOIR)
System (EOIR) and the Department of State the Consular Consolidated
Database (DOS-CCD).
The individual information that may be verified through SAVE
includes: A-Number, name (last, first, middle), date of birth, date
entered into the United States (entry date), country of birth, class of
admission code, file control office code, SSN, I-94 number, provision
of law code cited for employment authorization, alien's status change
date, date admitted until, country of citizenship, port of entry,
departure date, visa number, passport number, passport information,
passport card number, document receipt number, form numbers (e.g., Form
I-551 Lawful Permanent Resident Card or Form I-766 Employment
Authorization Document), SEVIS Identification Number (SEVIS ID),
naturalization date, Federal Bureau of Investigation Number (FIN),
beneficiary alien number, beneficiary date of birth, beneficiary
country of birth, beneficiary SSN, beneficiary last name, beneficiary
first name, beneficiary middle name, petitioner alien number,
petitioner SSN, petitioner naturalization certificate number,
petitioner first name, petitioner last name, petitioner firm name, and
petitioner tax number. This information may also include spouse's name
(last first, middle), date of birth, country of birth, country of
citizenship, class of admission, date of admission, A-Number, receipt
number, phone number, marriage date and place, and naturalization date
and place; child's name(s) (last, first, middle), date of birth,
country of birth, class of admission, A-Number; and employer
information: Name, address, supervisor's name, and supervisor's phone
number, case history, alerts, case summary comments, case category,
date of encounter, encounter information, custody actions and
decisions, case actions and decisions, bonds, and photograph, 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 the 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 IRCA, Public Law 99-603, 100 Stat. 3359; PRWORA,
Public Law 104-193, 110 Stat. 2105; Title IV, Subtitle A, of IIRIRA,
Public Law 104-208, 110 Stat. 3009; and the REAL ID Act of 2005, Public
Law 109-13, 119 Stat. 231.

Purpose(s):
The purpose of the SAVE Program is to provide a fee-based
intergovernmental service, which assists Federal, state, Tribal, or
local government agencies, or contractors acting on the agency's behalf
and licensing bureaus confirm immigration status information, to the
extent that such disclosure is necessary to enable these agencies to
make decisions related to: (1) Determining of 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 Department of Justice (DOJ), including U.S. Attorney
Offices, or other Federal agencies conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is necessary to the litigation and one of the following is a party
to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The U.S. or any agency thereof, is a party to the litigation or
has an interest in such litigation, and DHS determines that the records
are both relevant and necessary to the litigation and the use of such
records is compatible with the purpose for which DHS collected the
records.
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
other Federal government agencies pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency, organization, or individual 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, where 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 where an approved Memorandum of Agreement (MOA) or
Computer Matching Agreement (CMA) is in place between DHS and the
entity.

Disclosure to consumer reporting agencies:
None.

[[Page 58529]]

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

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

Retention and disposal:
The retention and disposal schedule, N1-566-08-7, has been approved
by the National Archives and Records Administration. Records collected
in the process of enrolling in 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 on-going investigation in which case they be retained until
completion of the investigation. This period is based on the statute of
limitations for most types of misuse or fraud possibly 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:
Chief, Verification Division, U.S. Citizenship and Immigration
Services, 131 M Street NE., Suite 200, MS 2600, 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 USCIS's FOIA Officer whose
contact information can be found at http://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., STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/ or 1-866-431-0486. In addition you should provide the
following:
An explanation of why you believe the Department would
have information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted 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
seeking to determine immigration status; (B) individuals seeking public
licenses, benefits, or credentials; (C) information collected from the
Federal databases listed in the Category of Records section above; and
(D) information created by SAVE.

Exemptions claimed for the system:
None.

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