Sorn

DHS-USCIS-011 E-Verify Program 84 FR 28326 20190618.pdf

E-Verify Program

SORN

OMB: 1615-0092

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28326

Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices

T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq. (the
‘‘Stafford Act’’). Therefore, I declare that such
a major disaster exists in the State of
California.
In order to provide Federal assistance, you
are hereby authorized to allocate from funds
available for these purposes such amounts as
you find necessary for Federal disaster
assistance and administrative expenses.
You are authorized to provide Public
Assistance in the designated areas and
Hazard Mitigation throughout the State.
Consistent with the requirement that Federal
assistance be supplemental, any Federal
funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75
percent of the total eligible costs. Federal
funds provided under the Stafford Act for
Public Assistance also will be limited to 75
percent of the total eligible costs, with the
exception of projects that meet the eligibility
criteria for a higher Federal cost-sharing
percentage under the Public Assistance
Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to
section 428 of the Stafford Act.
Further, you are authorized to make
changes to this declaration for the approved
assistance to the extent allowable under the
Stafford Act.

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The Federal Emergency Management
Agency (FEMA) hereby gives notice that
pursuant to the authority vested in the
Administrator, under Executive Order
12148, as amended, Benigno Bern Ruiz,
of FEMA is appointed to act as the
Federal Coordinating Officer for this
major disaster.
The following areas of the State of
California have been designated as
adversely affected by this major disaster:
Calaveras, Colusa, Marin, Mariposa,
Mendocino, Modoc, Napa, Riverside, Santa
Barbara, Shasta, and Trinity Counties for
Public Assistance.
All areas within the State of California are
eligible for assistance under the Hazard
Mitigation Grant Program.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
Pete Gaynor,
Acting Administrator, Federal Emergency
Management Agency.
[FR Doc. 2019–12852 Filed 6–17–19; 8:45 am]
BILLING CODE 9111–23–P

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DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2019–0004]

Privacy Act of 1974; System of
Records
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice of a Modified System of
Records.
AGENCY:

SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
modify and reissue a current DHS
system of records titled, ‘‘Department of
Homeland Security/U.S. Citizenship
and Immigration Services-011 E-Verify
Program System of Records.’’ This
system of records describes DHS/U.S.
Citizenship and Immigration Services
(USCIS) collection and maintenance of
records on employers, entities
authorized by federal law to use EVerify, employees in the United States,
and individuals subject to employment
eligibility verification under E-Verify
and E-Verify Self-Check.
DHS/USCIS is updating this system of
records notice to: (1) Add the Data
Universal Numbering System (DUNS)
number; (2) add Validation Instrument
for Business Enterprises (VIBE) as a new
record source; (3) specify under
categories of records that information
from State Motor Vehicle Agencies can
be derived from commercial data
providers; (4) update Routine Use E and
add Routine Use F to comply with
requirements set forth by OMB
Memorandum M–17–12, ‘‘Preparing for
and Responding to a Breach of
Personally Identifiable Information,’’
(Jan. 3, 2017); (5) amend Routine Use J
to include disclosure to the National
Law Enforcement Telecommunications
System (NLETS) 1 for the purpose of
validating information from a driver’s
license, permit, or identification card
issued by a State Motor Vehicle Agency;
(6) add Routine Use L for disclosure to
persons and other entities authorized by
federal law to confirm the employment
eligibility of individuals subject to
verification under E-Verify; (7) add
Routine Use M for disclosure to federal
government intelligence or
counterterrorism agencies or
components when DHS becomes aware
of a violation or potential violation of EVerify program requirements that is
related to an indication of a threat or
1 NLETS, which is owned by the States, is a
501(c)(3) nonprofit organization that was created
over 50 years ago by the principal law enforcement
agencies of the States.

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potential threat to national security to
assist in countering such a threat; and
(8) explain that this system of records
covers records from other DHS systems
of records that may claim exemptions
and DHS will comply with the record
source system exemptions when
relevant. All following routine uses are
being renumbered to account for the
additional routine uses. Additionally,
this notice includes non-substantive
changes to simplify the formatting and
text of the previously published notice.
This modified system will be included
in DHS’s inventory of record systems.
DATES: Submit comments on or before
July 18, 2019. This modified system will
be effective upon publication. New or
modified routine uses are effective July
18, 2019.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2019–0004 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
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 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number DHS–2019–0004. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
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:
Donald K. Hawkins, (202) 272–8030,
USCIS.PrivacyCompliance@
uscis.dhs.gov, 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, Privacy@
hq.dhs.gov, Acting Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528–0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, DHS/USCIS
proposes to modify and reissue a
current DHS system of records titled,
‘‘DHS/USCIS–011 E-Verify Program
System of Records.’’
USCIS is modifying this system of
records notice (SORN) to (1) add the

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Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices
DUNS number as a category of record;
(2) add VIBE as a new record source; (3)
specify under categories of records that
information from State Motor Vehicle
Agencies can be derived from
commercial data providers; (4) update
Routine Use E and add Routine Use F
to comply with requirements set forth
by OMB Memorandum M–17–12,
‘‘Preparing for and Responding to a
Breach of Personally Identifiable
Information,’’ (Jan. 3, 2017); (5) amend
Routine Use J to include disclosure to
NLETS for the purpose of validating
information from a driver’s license,
permit, or identification card issued by
a state Motor Vehicle Agency; (6) add
Routine Use L for disclosure to persons
and other entities authorized by federal
law to confirm the employment
eligibility of individuals subject to
verification under E-Verify; (7) add
Routine Use M for disclosure to federal
government intelligence or
counterterrorism agencies or
components when DHS becomes aware
of a violation or potential violation of EVerify program requirements that is
related to an indication of a threat or
potential threat to national security for
the purpose of countering such threat;
and (8) explain that this system of
records covers records from other DHS
systems of records that may claim
exemptions and DHS will comply with
the record source system exemptions
when relevant. All following routine
uses are being renumbered to account
for the additional routine uses.
Additionally, this notice includes nonsubstantive changes to simplify the
formatting and text of the previously
published notice.
E-Verify is an internet-based system
that allows enrolled participants to
electronically confirm the employment
eligibility of employees to work in the
United States. Participants collect
information from the Form I–9,
Employment Eligibility Verification,
completed by the employee, to query
against existing information accessed by
the Verification Information System
(VIS). VIS provides employment
authorization information to employers,
entities authorized by federal law to use
E-Verify, and to individuals seeking to
check employment eligibility under the
Immigration and Nationality Act (INA).
It may be used by DHS to support DHS
monitoring and compliance activities
aimed to prevent the commission of
fraud, discrimination, or other misuse or
abuse of E-Verify, or other violation of
law related to employment eligibility
verification. E-Verify, in particular,
monitors against violations of privacy
laws or other illegal activity related to

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misuse of E-Verify, including for
example: (1) Investigating duplicate or
incomplete enrollments by employers;
(2) inappropriate enrollments by
individuals posing as employers; (3)
verifications that are not performed
within the required time limits; and (4)
cases referred by and between E-Verify
and the Department of Justice Immigrant
and Employee Rights Section (formerly
known as the Office of Special Counsel
for Immigration-Related Unfair
Employment Practices), or other
intelligence or law enforcement entities.
Additionally, the information in EVerify may be used for program
management and analysis, program
outreach, customer service, and
preventing or deterring further use of
stolen identities in E-Verify.
USCIS also provides services to
employees, job seekers, and employers
through a free Web-based service: myEVerify, which provides the following
resources:
• Resource Center: Information and
learning materials from the employee’s
perspective about the E-Verify and
employment eligibility verification
processes, including employee’s rights
and roles, privacy, as well as the
employer’s responsibilities.
• Case Tracker: Track the status of the
employee’s E-Verify case-in-progress
and advises whether any action is
required.
• myE-Verify personal accounts:
Allows employees to establish a secure
personal account to access additional
myE-Verify features. Account holders
have access to the following features:
Æ Self Lock: Protects the employee’s
identity by preventing unauthorized use
of his or her Social Security number
(SSN) in E-Verify. Self Lock allows the
employee to place a ‘‘lock’’ on his or her
SSN. This helps prevent anyone else
from using the employee’s SSN to try to
get a job with an E-Verify employer. The
Self Lock feature is only available to
myE-Verify account holders.
Æ Document Expiration Reminders:
When an employee presents a work
authorization document with an
expiration date, E-Verify will remind
the employer when the document is
about to expire. This case alert provides
a countdown of expiring work
authorization documents beginning 90
days before expiration and will show
the document as expired for 30 days
past expiration.
Æ Case History: Allows employees to
see where and when their information
has been used in E-Verify and Self
Check. The Case History feature is only
available to myE-Verify account holders.
Æ Self Check: Provides individuals
the ability to confirm their employment

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eligibility. Self Check also provides a
service that permits 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
DHS/ALL–037 E-Authentication System
of Records, previously published in the
Federal Register at 79 FR 46857 (August
11, 2014).
Consistent with DHS’s information
sharing mission, records covered by this
SORN 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.
USCIS reviews disclosures from this
System of Records for compliance with
Illegal Immigration Reform and
Immigrant Responsibility Act of 1996
(IIRIRA) section 404(h).
This modified 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. Additionally, the Judicial
Redress Act (JRA) provides covered
persons with a statutory right to make
requests for access and amendment to
covered records, as defined by the JRA,
along with judicial review for denials of
such requests. In addition, the JRA
prohibits disclosures of covered records,
except as otherwise permitted by the
Privacy Act.
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

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Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER

Department of Homeland Security
(DHS)/U.S. Citizenship Immigration
Service (USCIS)-011 E-Verify Program.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Records are maintained at USCIS
Headquarters in Washington, DC and at
DHS/USCIS field offices. Electronic
records are stored in the Verification
Information System (VIS).
SYSTEM MANAGER(S):

Chief, Verification Division, E-Verify@
dhs.gov, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 131 M Street NE,
Suite 200, Mail Stop 200, Washington,
DC 20529.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Illegal Immigration Reform and
Immigrant Responsibility Act of 1996,
Public Law 104–208, secs. 401–405
(Sept. 30, 1996), codified at 8 U.S.C.
1324a note.

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PURPOSE(S) OF THE SYSTEM:

The purpose of this system is to
provide employment authorization
information to employers, entities
authorized by federal law to participate
in E-Verify, and to individuals seeking
to check employment eligibility under
the Immigration and Nationality Act
(INA). This system also enables
individuals to access features
concerning the use of their personally
identifiable information (PII) in EVerify, such as the ability to lock their
Social Security number (SSN) to prevent
its use in E-Verify and Self Check. The
system may also be used by DHS to
support DHS 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 violations of privacy
laws or other illegal activity related to
misuse of E-Verify, including for
example: (1) Investigating duplicate or
incomplete enrollments by employers;
(2) inappropriate enrollments by
individuals posing as employers; (3)
verifications that are not performed
within the required time limits; and (4)
cases referred by and between E-Verify
and the Department of Justice Immigrant
and Employee Rights Section (formerly
known as the Office of Special Counsel
for Immigration-Related Unfair
Employment Practices), or other
intelligence or law enforcement entities.

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Additionally, the information in EVerify may be used for program
management and analysis, program
outreach, customer service, and
preventing or deterring further use of
stolen identities in E-Verify.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
E-Verify, to the extent these individuals
are covered by and defined by the
Privacy Act and this SORN, include:
Employees whose employers have
submitted identity and employment
eligibility information on their behalf;
employers or employer agents that
enroll in E-Verify; clients of employer
agents who enroll in E-Verify;
individuals employed or retained by
employers or employer agents who have
accounts to use E-Verify; individuals
subject to verification by E-Verify;
entities authorized by federal law to use
E-Verify; entities who contact E-Verify
for information on the use of E-Verify;
entities who provide their names and
contact information to E-Verify for
notification or contact purposes;
individuals seeking to confirm
employment eligibility under the INA
using Self Check; and individuals who
have created a myE-Verify account.
CATEGORIES OF RECORDS IN THE SYSTEM:

Information collected about
individuals may include the following:
A. Information about the employee or
individual to be confirmed:
• Full name (first, middle, and last);
• Other names or aliases, if available;
• Date of birth;
• SSN;
• Home address (address, apartment
number, city, state/region);
• Email address;
• Telephone number (home, mobile,
work, other);
• Employee’s First Day of
Employment;
• Claimed citizenship status;
• Form I–9 document type provided
by individual to the entity verifying
employment eligibility (such as
passport, employment authorization
document, or permanent resident card);
• 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;
• Receipt number;
• Visa number;

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• Alien Number (A-Number);
• I–94 Number;
• Form I–766, Employment
Authorization Document, Number; and
• Form I–551, Permanent Resident
Card, Number and photographs.
B. Disposition data from the employer
or entity. If the E-Verify case result is
Employment Authorized, E-Verify
automatically closes the case and no
additional information is collected from
the employer or entity. The following
codes are entered by the employer or
entity when the case result is Final
Nonconfirmation (FNC), based on what
the employer or entity does as a result
of the employment verification query
(the most up-to-date disposition codes
can be found in the E-Verify User
Manual available at https://www.EVerify.gov):
• [Employer Name] will no longer
employ [Employee Name].
• [Employer Name] will continue to
employ [Employee Name].
Æ If the employer selects the option
that he or she will continue to employ
the individual, he or she has to provide
the reason why he or she will do so in
a free text field.
• Neither of the options above
apply—I am closing this case for a
different reason.
Æ If the employer selects the option
that he or she is closing the case for
another reason, the employer has to
select a reason from the following
predetermined reasons:
D SSA (Social Security
Administration) asked me to re-run this
case
D DHS (Department of Homeland
Security) asked me to re-run this case
D The information entered was not
correct.
D Other
• If the employer selects ‘‘Other,’’ the
employer must type the reason in a free
text field.
• Information related to the
expiration of the three day hire rule;
Æ Whether an individual is awaiting
a SSN;
Æ Technical problems;
Æ Audit revealed new hire was not
run;
Æ Federal contractor with E-Verify
clause verifying existing employees; and
Æ Other.
C. Information about the Enrollee,
Employer, Entity, or Employer Agent:
• Company name;
• ‘‘Doing business as’’ name
(optional);
• Data Universal Numbering System
(DUNS) number (only required for
employers with Federal Acquisition
Regulation (FAR) clause);
• Street address;

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• Employer Identification Number
(EIN);
• 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
User of E-Verify (e.g., Human Resource
employee conducting E-Verify queries):
• Full name (first, middle initial, and
last);
• Telephone number (home, mobile,
work, other);
• Fax number;
• Email address; and
• 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 User Manual
available at https://www.E-Verify.gov),
for example:
Æ Employment authorized;
Æ DHS verification in process;
Æ SSA Tentative Nonconfirmation
(TNC);
Æ DHS TNC;
Æ Employee referred to SSA;
Æ Employee referred to DHS;
Æ Close Case and Resubmit;
Æ SSA Case in Continuance (In rare
cases, SSA needs more than 10 Federal
Government workdays to confirm
employment eligibility); and
Æ DHS Case in Continuance (In rare
cases, DHS needs more than 10 Federal
Government workdays to confirm
employment eligibility);
Æ FNC.
F. Information from the National Law
Enforcement Telecommunications
System (NLETS) and State Motor
Vehicle Agencies (MVA) used to verify
the information from a driver’s license,
permit, or state issued ID card. The
categories of records from MVAs and
MVA information via commercial data
providers include:
• Full name (first, middle and last);
• State or Jurisdiction of Issuance;
• Document type (i.e., driver’s
license, driver’s permit, or state-issued
ID card);
• Document number;
• Date of birth;
• Status text (e.g., status of the
license—valid, revoked, or expired);
• Status description text (i.e.,
document issue date and/or record
found indicator); and
• Expiration date.

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G. Information from federal databases
used to confirm employment eligibility
may contain some or all of the following
information about the individual being
verified:
• Full name (first, middle, and last);
• Other names or aliases, if available;
• Date of birth;
• Age;
• Country of birth;
• Country of citizenship;
• A-Number;
• SSN;
• Citizenship number;
• Receipt number;
• Home address (address, apartment
number, city, state/region);
• Previous Address;
• Phone number;
• Nationality;
• Gender;
• Photograph;
• Date entered into United States;
• Class of admission;
• File Control Office Code;
• Student and Exchange Visitor
Information System (SEVIS) Number;
• Form I–94 Number;
• Provision of Law cited for
employment authorization;
• Office Code where the authorization
was granted;
• Date employment authorization
decision was issued;
• Date employment authorization
begins;
• Date employment authorization
expires;
• Date employment authorization was
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 employee is admitted into the
U.S. until;
• Port of Entry;
• Departure date;
• Visa Number;
• Passport Number;
• Passport Country of Issuance (COI);
• Passport Card Number;
• Benefit granting document number,
for example, Form I–551, Permanent
Resident Card, or Form I–766,
Employment Authorization Document;
• Expiration date;
• Employment Authorization Card
information;
• Permanent Resident Card
information;
• Employer Identification Number;

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• Valid to date;
• Student status;
• Visa Code;
• Status Code;
• Status change date;
• Port of Entry Code;
• Non-Citizen entry date;
• Program end date;
• Naturalization Certificate Number;
• Naturalization date and place;
• Naturalization information and
certificate;
• Naturalization verification
(Citizenship Certificate Identification
ID);
• Naturalization verification
(Citizenship naturalization date/time);
• Immigration status (Immigration
Status Code);
• Universal Control Number
(formerly known as Federal Bureau of
Investigation Number);
• Admission Number;
• Date of admission;
• Marital status;
• Marriage date and place;
• Marriage information and
Certificate;
• Visa Control Number;
• Visa Foil Number;
• Case history;
• Alerts;
• Case summary comments;
• Case category;
• Date of encounter;
• Encounter information;
• Case actions and 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 who
successfully complete an E-Verify query
using Self Check:
• Full name (first, middle initial, and
last);
• Other names or aliases, if available;
• Date of birth;
• SSN; and
• Document(s) type, associated
number, and associated expiration date
that demonstrates work authorization.
These may include U.S. Passport, Form
I–766, Employment Authorization
Document, Form I–551, Permanent
Resident Card, or other documents and
associated numbers listed as acceptable
Form I–9, Form I–9 and supporting
documents; and Employment Eligibility
Verification documents.
I. Information from individuals that
establish a lock on their SSN through
myE-Verify accounts:

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• Full name (first, middle initial, and
last);
• Other names or aliases, if available;
• SSN;
• Date of birth;
• Lock Receipt Number;
• Lock date and expiration date;
• Email address; and
• Self-Generated security questions
and answers.

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RECORD SOURCE CATEGORIES:

Records are obtained from several
sources including: (A) Information
collected from employers and entities
about their employees; (B) Information
collected from individuals relating to
employment eligibility verification; (C)
Information collected from E-Verify
users used to provide account access
and monitoring; (D) Information
collected from entities requesting
information about E-Verify; (E)
Information created by E-Verify; (F)
Information from individuals seeking to
check employment eligibility and access
to features concerning the use of their
information in E-Verify and Self Check;
(G) Federal and state databases listed
below, including the systems and the
SORNs that cover information contained
in those systems:
• SSA Numident System covered by
SSA’s Master Files of SSN Holders and
SSN Applications SORN, 79 FR 8780
(February 13, 2014), 78 FR 40542 (July
5, 2013), and 75 FR 82121 (December
29, 2010);
• U.S. Customs and Border Protection
(CBP) information covered by DHS/
CBP–005 Advance Passenger
Information System SORN, 80 FR 13407
(March 13, 2015); DHS/CBP–007 CBP
Border Crossing Information SORN, 81
FR 89957 (December 13, 2016); DHS/
CBP–011 U.S. Customs and Border
Protection TECS SORN, 73 FR 77778
(December 19, 2008); DHS/CBP–016
Non-Immigrant System SORN, 80 FR
13398 (March 13, 2015); DHS/CBP–021
Arrival and Departure Information
System SORN, 80 FR 72081 (November
18, 2015); DHS/USVISIT–004 DHS
Automated Biometric Identification
System (IDENT) SORN, 72 FR 31080
(June 5, 2007); DHS/USCIS/ICE/CBP–
001 Alien File, Index, and National File
Tracking System of Records SORN, 82
FR 43556 (September 18, 2017); and
DHS/ICE–001 Student and Exchange
Visitor Information System (SEVIS)
SORN, 75 FR 412 (January 5, 2010);
• CBP Nonimmigrant Information
System (NIIS) covered by DHS/CBP–016
Non-Immigrant System SORN, 80 FR
13398 (March 13, 2015);
• CBP Border Crossing Information
(BCI) covered by DHS/CBP–007 CBP

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Border Crossing Information SORN, 81
FR 89957 (December 13, 2016);
• U.S. Immigration Customs and
Enforcement (ICE) SEVIS covered by
DHS/ICE–001 Student and Exchange
Visitor Information System (SEVIS)
SORN, 75 FR 412 (January 5, 2010);
DHS/ALL–016 Correspondence Records
SORN, 83 FR 48645 (September 26,
2018); and DHS/ALL–003 Department of
Homeland Security General Training
Records SORN, 73 FR 71656 (November
25, 2008);
• ICE ENFORCE Integrated Database
(EID) Enforcement Alien Removal
Module (EARM) Alien Number covered
by DHS/ICE–011 Criminal Arrest
Records and Immigration Enforcement
Records (CARIER) System of Records
SORN, 81 FR 72080 (October 19, 2016);
• USCIS Aliens Change of Address
System (AR–11) covered by DHS/
USCIS–007 Benefit Information System
SORN, 81 FR 72069 (October 19, 2016);
• USCIS Central Index System (CIS)
covered by DHS/USCIS/ICE/CBP–001
Alien File, Index, and National File
Tracking System of Records SORN, 82
FR 43556 (September 18, 2017);
• USCIS Customer Profile
Management System (CPMS) covered by
DHS/USCIS–018 Immigration Biometric
and Background Check (IBBC) System of
Records SORN, 83 FR 36950 (July 31,
2018);
• USCIS Computer-Linked
Application Information Management
System 3 (CLAIMS 3) covered by DHS/
USCIS–007 Benefit Information System
SORN, 81 FR 72069 (October 19, 2016);
• USCIS Computer-Linked
Application Information Management
System 4 (CLAIMS 4) covered by DHS/
USCIS–007 Benefit Information System
SORN, 81 FR 72069 (October 19, 2016);
• USCIS Citizenship and Immigration
Services Centralized Operational
Repository (eCISCOR); 2
• USCIS RAILS (a modernization of
the National File Tracking System)
covered by DHS/USCIS/ICE/CBP–001
Alien File, Index, and National File
Tracking System of Records SORN, 82
FR 43556 (September 18, 2017);
• USCIS Microfilm Digitization
Application System (MiDAS) covered
by DHS/USCIS/ICE/CBP–001 Alien File,
Index, and National File Tracking
System of Records SORN, 82 FR 43556
(September 18, 2017);
• USCIS Marriage Fraud Amendment
System (MFAS) covered by DHS/
USCIS–007 Benefit Information System
SORN, 81 FR 72069 (October 19, 2016);
2 SORN coverage is dependent upon connected IT
systems. See Appendix to DHS/USCIS/PIA–023(b)
Enterprise Citizenship and Immigrations Services
Centralized Operational Repository.

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• USCIS Enterprise Document
Management System (EDMS) covered by
DHS/USCIS/ICE/CBP–001 Alien File,
Index, and National File Tracking
System of Records SORN, 82 FR 43556
(September 18, 2017);
• USCIS Global (formerly known as
Refugees, Asylum, and Parole System
(RAPS)) covered by DHS/USCIS–010
Asylum Information and Pre-Screening
System of Records SORN, 80 FR 74781
(November 30, 2015);
• USCIS Validation Instrument for
Business Enterprises (VIBE) covered by
DHS/USCIS/ICE/CBP–001 Alien File,
Index, and National File Tracking
System of Records SORN, 82 FR 43556
(September 18, 2017); DHS/USCIS–006
Fraud Detection and National Security
Records (FDNS) SORN, 77 FR 47411
(August 8, 2012); and DHS/USCIS–007
Benefit Information System SORN, 81
FR 72069 (October 19, 2016);
• Department of State Consular
Consolidated Database (CCD) covered by
STATE–05 Overseas Citizens Services
Records and Other Overseas Records, 81
FR 62235, (September 8, 2016); STATE–
26 Passport Records, 80 FR 15653
(March 24, 2015); and STATE–39 Visa
Records, 83 FR 28062 (June 15, 2018);
• DOJ’s Immigration Review
Information Exchange System (IRIES)
covered by EOIR–001 Records and
Management Information System, 69 FR
26179 (May 11, 2004), including routine
use updates in 82 FR 24147 (May 25,
2017); and
• State Motor Vehicle Agencies
(through commercial data providers).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
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 listed
below. USCIS reviews disclosures from
this System of Records for compliance
with IIRIRA section 404(h).
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 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

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Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices
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. secs. 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 there has been a
breach of the system of records; (2) DHS
has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, DHS
(including its information systems,
programs, and operations), the Federal
Government, or national security; 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
breach or to prevent, minimize, or
remedy such harm.
F. To another Federal agency or
Federal entity, when DHS determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
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 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 contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative

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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.
I. To employers participating in EVerify in order to confirm the identity
and employment eligibility of their
employees working in the United States.
J. To NLETS and the American
Association of MVA Network and
participating MVAs for the purpose of
validating information for a driver’s
license, permit, or identification card
issued by the state MVAs.
K. To the DOJ, Civil Rights Division,
for the purpose of responding to matters
within the DOJ’s jurisdiction of EVerify, especially with respect to
discrimination.
L. To persons and other entities
authorized by federal law to determine
the employment eligibility of
individuals subject to verification under
E-Verify (e.g., SSA).
M. To federal government intelligence
or counterterrorism agencies or
components when DHS becomes aware
of a violation or potential violation of EVerify program requirements that is
related to an indication of a threat or
potential threat to national security to
assist in countering such threat.
N. 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’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 a clearly unwarranted
invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

DHS/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.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

DHS/USCIS may retrieve records by
name, verification case number, ANumber, I–94 Number, Receipt number,

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28331

Passport (United States or Foreign)
number and country of issuance,
Driver’s License, Permit, or State-Issued
Identification Card Number, or SSN of
the employee or employee user, or by
the submitting company name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

E-Verify records are covered by
NARA-approved records retention and
disposal schedule, N1–566–08–007.
USCIS 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).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

DHS/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.
RECORD ACCESS PROCEDURES:

Individuals seeking access to and
notification of any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the Chief Privacy
Officer and to the USCIS FOIA/Privacy
Act Officer whose contact information
can be found at http://www.dhs.gov/foia
under ‘‘Contact Information.’’ 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,
Washington, DC 20528–0655. Even if
neither the Privacy Act nor the Judicial
Redress Act provide a right of access,
certain records about you may be
available under the Freedom of
Information Act.

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When an individual is seeking records
about himself or herself from this
system of records or any other
Departmental system of records, the
individual’s request must conform with
the Privacy Act regulations set forth in
6 CFR part 5. The individual must first
verify his/her identity, meaning that the
individual must provide his/her full
name, current address, and date and
place of birth. The individual must sign
the request, and the individual’s
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, an individual may obtain
forms for this purpose from the Chief
Privacy Officer and Chief Freedom of
Information Act Officer, http://
www.dhs.gov/foia or 1–866–431–0486.
In addition, the individual should:
• Explain why he or she believes the
Department would have information
being requested;
• Identify which component(s) of the
Department he or she believes may have
the information;
• Specify when the individual
believes 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 an individual’s request is seeking
records pertaining to another living
individual, the request must include an
authorization from the individual whose
record is being requested, authorizing
the release to the requester.
Without the above information, the
component(s) may not be able to
conduct an effective search, and the
individual’s request may be denied due
to lack of specificity or lack of
compliance with applicable regulations.

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CONTESTING RECORD PROCEDURES:

For records covered by the Privacy
Act or covered JRA records, individuals
may make a request for amendment or
correction of a record of the Department
about the individual by writing directly
to the Department component that
maintains the record, unless the record
is not subject to amendment or
correction. The request should identify
each particular record in question, state
the amendment or correction desired,
and state why the individual believes
that the record is not accurate, relevant,
timely, or complete. The individual may
submit any documentation that would
be helpful. If the individual believes
that the same record is in more than one
system of records, the request should
state that and be addressed to each

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component that maintains a system of
records containing the record. For
records not covered by the Privacy Act
or Judicial Redress Act, individuals may
still amend their records at a USCIS
Field Office by making an InfoPass
appointment http://infopass.uscis.gov or
by contacting the USCIS Contact Center
at 1–800–375–5283.
NOTIFICATION PROCEDURES:

See ‘‘Record Access Procedures.’’
EXEMPTIONS PROMULGATED FOR THE SYSTEM:

No exemption will be claimed except
for those records covered by a system of
records that have been claimed exempt
in that source system identified above in
the record source categories under 5
U.S.C. 552a(j)(2) and are covered by this
system of records. DHS will claim the
same exemptions for those records that
are claimed for the original primary
systems of records from which they
originated for this system.
HISTORY:

DHS/USCIS–011 E-Verify Program, 79
FR 46852 (August 11, 2014); E-Verify
Program, 77 FR 47419 (August 8, 2012);
Verification and Information System
(VIS), 73 FR 75445 (December 11, 2008);
VIS, 73 FR 10793 (February 28, 2008);
VIS, 72 FR 17569 (April 9, 2007);
Justice/INS–035, 67 FR 64134 (October
17, 2002); and Alien Status; and
Verification Index (ASVI) Justice/INS–
009, 66 FR 174 (September 7, 2001).
Jonathan R Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2019–12789 Filed 6–17–19; 8:45 am]

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–IA–2019–0051;
FXIA16710900000–190–FF09A30000]

Foreign Endangered Species; Receipt
of Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of permit
applications; request for comments.
AGENCY:

SUMMARY: We, the U.S. Fish and
Wildlife Service, invite the public to
comment on applications to conduct
certain activities with foreign species
that are listed as endangered under the
Endangered Species Act (ESA). With
some exceptions, the ESA prohibits
activities with listed species unless
Federal authorization is issued that
allows such activities. The ESA also

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Fmt 4703

I. Public Comment Procedures
A. How do I comment on submitted
applications?

BILLING CODE 9111–97–P

PO 00000

requires that we invite public comment
before issuing permits for any activity
otherwise prohibited by the ESA with
respect to any endangered species.
DATES: We must receive comments by
July 18, 2019.
ADDRESSES:
Obtaining Documents: The
applications, application supporting
materials, and any comments and other
materials that we receive will be
available for public inspection at http://
www.regulations.gov in Docket No.
FWS–HQ–IA–2019–0051.
Submitting Comments: When
submitting comments, please specify the
name of the applicant and the permit
number at the beginning of your
comment. You may submit comments
by one of the following methods:
• Internet: http://
www.regulations.gov. Search for and
submit comments on Docket No. FWS–
HQ–IA–2019–0051.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: Docket No.
FWS–HQ–IA–2019–0051; U.S. Fish and
Wildlife Service Headquarters, MS:
PERMA; 5275 Leesburg Pike; Falls
Church, VA 22041–3803.
For more information, see Public
Comment Procedures under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Brenda Tapia, by phone at 703–358–
2104, via email at [email protected], or
via the Federal Relay Service at 800–
877–8339.
SUPPLEMENTARY INFORMATION:

Sfmt 4703

We invite the public and local, State,
Tribal, and Federal agencies to comment
on these applications. Before issuing
any of the requested permits, we will
take into consideration any information
that we receive during the public
comment period.
You may submit your comments and
materials by one of the methods in
ADDRESSES. We will not consider
comments sent by email or fax, or to an
address not in ADDRESSES. We will not
consider or include in our
administrative record comments we
receive after the close of the comment
period (see DATES).
When submitting comments, please
specify the name of the applicant and
the permit number at the beginning of
your comment. Provide sufficient
information to allow us to authenticate
any scientific or commercial data you
include. The comments and
recommendations that will be most

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