[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Notices]
[Pages 10793-10798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3833]



[[Page 10793]]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2007-0066]


Privacy Act of 1974: USCIS; Verification Information System (VIS) 
System of Records Notice

AGENCY: Department of Homeland Security.

ACTION: Notice to alter a Privacy Act system of records.

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SUMMARY: The Department of Homeland Security is republishing the 
Privacy Act system of records for the Verification and Information 
System (VIS) previously published on April 9, 2007 (72 FR 17569) in 
order to: (1.) Add two new categories of records one derived from the 
Computer Linked Application Information Management System (CLAIMS 4) 
(62 FR 11919), and the other derived from the Redesigned Naturalization 
Automated Caseworker Systems (RNACS) (67 FR 20996); (2.) update the 
category of records derived from Treasury Enforcement Communication 
Systems (TECS) (66 FR 52984) to include Real Time Arrivals (RTA) data; 
(3.) correct the categories of individuals to include United States 
(U.S.) citizens; (4.) reflect changes to the verification process of 
expanded use of the Photo Screening Tool to make it mandatory for all 
employers that are verifying employment eligibility of their non-U.S. 
citizen employees if the individual's photo is on file with United 
States Citizenship and Immigration Service (USCIS) in the Biometric 
Storage System (72 FR 17172); and (5.) update the routine uses to 
remove routine use L. for the sharing of VIS data because the other 
routine uses cover the allowable extent of sharing from VIS. These 
changes are more thoroughly spelled out in an accompanying Privacy 
Impact Assessment (PIA) update and a PIA update that was published on 
September 5, 2007, both of which can be found on the DHS Privacy Web 
site (http://www.dhs.gov/privacy).

DATES: Written comments must be submitted on or before March 31, 2008.

ADDRESSES: You may submit comments, identified by Docket Number DHS 
2007-0066 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Department 
of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this system of records notice. 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 additional information on the 
program please contact: Claire Stapleton, Privacy Branch Chief, 
Verification Division, U.S. Citizenship and Immigration Services, 
Department of Homeland Security, 470 L'Enfant Plaza East, SW., Suite 
8204, Washington, DC 20024. For privacy issues please contact: Hugo 
Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office, U.S. 
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. USCIS Verification Information System

    Congress mandated that USCIS establish a system that can be used to 
verify citizenship and immigration status of individuals seeking 
government benefits and establish a system for use by employers to 
determine whether an employee is authorized to work in the United 
States at the time that he or she begins working. 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, and in Title IV, Subtitle 
A, of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (IIRIRA), Public Law 104-208, 110 Stat. 3009. Authority for 
having a system establish employment eligibility can be found in Title 
IV, Subtitle A, of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA), Public Law 104-208, 110 Stat. 
3009. The Basic Pilot program's operation was extended by statute 
twice; See Basic Pilot Extension Act, Public Law No. 107-128 (2002); 
and Basic Pilot Program Extension and Expansion Act, Public Law No. 
108-156 (2003).
    USCIS implemented these mandates through the Systematic Alien 
Verification for Entitlements (SAVE) program for government benefits 
and the ``Basic Pilot Program'' for determining whether an employee is 
authorized to work in the United States. The ``Basic Pilot Program'' 
has recently been renamed ``E-Verify''. A coordinated outreach program 
launched in August of 2007 began informing participating employers of 
the new name and screen formatting changes and this outreach effort 
will be continued. ``E-Verify'' will be used in lieu of ``Basic Pilot'' 
for the remainder of this document.
    The Verification Information System (VIS) is the technical 
infrastructure that enables USCIS to operate SAVE and E-Verify. VIS is 
a nationally accessible database of selected immigration status 
information containing in excess of 100 million records. Government 
agencies use information from the SAVE program in order to determine 
whether an individual is eligible for any public benefit, license or 
credential based on individual's citizenship or immigration status. 
Private employers and government users use E-Verify to confirm whether 
a newly hired employee is authorized to work in the United States.
    A necessary corollary to having the ability to determine if an 
individual is authorized to gain government benefits or legal 
employment is the ability to determine if the verification processes 
are being abused or misused: and when appropriate, to seek legal or 
administrative redress against those committing fraud or otherwise 
misusing the verification processes. Consequently, the information in 
VIS is retained and analyzed for ten years, the length of time 
equivalent to the statute of limitations for the most typical types of 
fraud or misuse of this type of system or documents (under 18 U.S.C. 
3291, the statute of limitations for false statements or misuse 
regarding passports, citizenship or naturalization documents), or 
longer if the information is part of an active and ongoing 
investigation.
    VIS is currently comprised of citizenship, immigration and 
employment status information from several DHS systems of records, 
including records contained in the U.S. Customs and Border Protection 
(CBP) Treasury Enforcement Communication Systems (TECS) (66 FR 52984), 
Biometric Storage System (BSS) (72 FR 17172), the USCIS Central Index 
System (CIS) (72 FR 1755), and the USCIS Computer Linked Application 
Information Management System (CLAIMS 3) (62 FR 11919). As described in 
the previous system of records notice, USCIS now has the technical 
capability to add data from Immigration and Customs Enforcement's (ICE) 
Student

[[Page 10794]]

and Exchange Visitor Information System (SEVIS) (70 FR 14477). VIS also 
includes information from the Social Security Administration's (SSA) 
NUMIDENT System (71 FR 1796).
    This System of Records Notice is replacing the System of Records 
Notice previously published in the Federal Register on April 9, 2007 
(72 FR 17569).

A. SAVE Program

    The SAVE Program, which is supported by VIS, provides government 
agencies with citizenship and immigration status information for use in 
determining an individual's eligibility for government benefits. 
Government agencies input biographic information into VIS for 
government benefit eligibility determinations. If VIS has a record 
pertaining to the individual, the government agency will receive 
limited biographic information, on the citizenship and immigration 
status of the individual applying for a benefit. If VIS does not have a 
record pertaining to the individual, VIS automatically notifies a USCIS 
Immigration Status Verifier (ISV). The ISV then conducts a manual 
search of other DHS databases to determine whether there is any other 
information pertaining to that individual that would provide 
citizenship and immigration status. If the ISV finds additional 
relevant information, citizenship and immigration status data is 
provided to the requesting government agency user through VIS. The ISV 
will also update the appropriate record in the USCIS CIS database. The 
REAL ID Act requires that beginning May 11, 2008, or later if the date 
is extended, all state Departments of Motor Vehicles (DMV) routinely 
utilize the USCIS SAVE program to verify the legal immigration status 
of applicants for driver's licenses and identification cards.

B. E-Verify

    VIS also supports the E-Verify Program, a free and voluntary 
program allowing participating employers to verify the employment 
eligibility of newly hired employees. The program is a collaboration 
between the SSA and USCIS.
    After an individual, whether U.S. citizen or non-U.S. citizen, is 
hired by an E-Verify participating employer and the individual 
completes the Form I-9, the employer inputs information from Sections 1 
and 2 of the Form I-9 into the E-Verify portion of VIS. This query is 
first sent from VIS to SSA to verify Social Security information. If 
SSA cannot verify the employee's social security information, SSA will 
send a SSA Tentative Non-Confirmation (TNC) response to VIS, which in 
turn will notify the employer of SSA's inability to automatically 
verify the information provided by employee. The employer is then 
required to provide information to the employee about the employee's 
option to contest and the contact information for the SSA office in 
order to clear up the mismatch and resolve any issues.
    If SSA is able to verify the employee information and the 
individual is a non-U.S. citizen, the VIS system continues the process 
in order to verify employment authorization. For any participating 
employer whose non-U.S. citizen employees present an I-551 or I-766 
card for their Form I-9 documentation and whose information is 
successfully verified by SSA and USCIS, the employer will be able to 
use the USCIS photo tool to compare the photographs on the documents 
presented by the employee with the photographs stored in the BSS system 
of records, if available. If VIS is able to return a photograph, the 
employer will then compare the photograph made available by the VIS 
photo tool and determine if it matches the photograph on the document 
presented by the employee. If the employer determines the photos do not 
match or if the employer cannot make a determination whether there is a 
photo match, the employer is then required to provide information to 
the employee about how the employee may contact USCIS to resolve any 
issues.
    After the process of verifying the employment authorization 
concludes, regardless of whether or not the photo tool has been 
utilized, USCIS (through VIS) provides the employer with a case 
verification number and the disposition of whether an employee is 
authorized to work. If a mismatch of information occurs with DHS, VIS 
automatically notifies an ISV, who then conducts a manual search of 
other DHS databases to determine whether there is any other information 
pertaining to that individual that would help to establish employment 
authorization. If the ISV cannot determine the person's work 
authorization, VIS sends a ``DHS Tentative Non-Confirmation'' (TNC) 
response notifying the employer that the employee has the option to 
contact USCIS in order to clarify the information discrepancy. DHS TNCs 
are issued when the ISV is unable to determine the person's work 
authorization based on DHS immigration-related records. The employer 
may not terminate or take any adverse employment action against the 
employee on the basis of either a DHS or SSA TNC while the issue is 
being further investigated. If a Final Non-Confirmation (FNC) response 
is issued, the employer may terminate the employee or they may choose 
to retain the employee and notify DHS that they intend to do so, 
subject to potential penalties for knowingly employing an unauthorized 
alien. If the employer does not choose to retain the employee after 
receiving a Final Non-Confirmation response they are not required to 
notify DHS.
    Performing a verification query through the E-Verify system is only 
legally permissible after an offer of employment has been extended to 
an employee. The earliest the employer may initiate a query is after an 
individual accepts an offer of employment and after the employee and 
employer complete the Form I-9. For new employees, the employer must 
initiate the query no later than the end of the third business day 
after the new hire's actual start date. Under the terms governing 
employers' participation in E-Verify, the system cannot be used to pre-
screen job applicants or to re-screen individuals whose work 
eligibility has already been determined.

C. Changes to VIS SORN

    The VIS SORN is being revised to reflect changes to the categories 
of data in VIS. In order to improve the accuracy of VIS and to reduce 
the number of TNCs or data mismatches issued by E-Verify, as well as 
reduce the number of Additional Verification Requests issued by the 
SAVE program, USCIS is adding data from two systems which it did not 
previously receive data--USCIS RNACS, USCIS CLAIMS 4-- and automated 
access to data from a system which it previously received other 
information--Real Time Arrival (RTA) data from CBP's TECS. These 
changes are described more fully in the PIA dated September 4, 2007 and 
clarified in the VIS PIA and Person Centric Query (PCQ) PIA to be 
published concurrently with this SORN.
    RNACS will provide VIS with information on individuals who applied 
for naturalization or citizenship, who applied to replace 
naturalization certificates under the Immigration and Nationality Act, 
as amended, and who have submitted fee payments with such applications, 
from 1986 through 1996. Use of RNACS will reduce the high volume of 
TNCs resulting from SSA's inability, in some cases, to confirm 
citizenship for naturalized citizens, because naturalized citizens 
often fail to update their information with the SSA. After the initial 
query, and before SSA returns a TNC based on inability to confirm 
citizenship, all naturalization

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databases will be queried (including CLAIMS 4, CIS and RNACS). Records 
in the system may include dated documents filed or received with the 
legacy Immigration and Naturalization Service (INS). This additional 
information will improve VIS's ability to confirm employment 
authorization upon initial verification for individuals with documents 
issued between 1986 and 1996.
    CLAIMS 4 will provide VIS with verification of naturalization 
status through the Person Centric Query (PCQ) Service. Currently this 
information is only reviewed and used if there is a TNC.
    Automated access to TECS RTA data will provide VIS with the most 
current information on individuals who have entered the country. 
Currently, VIS has access to this information but only about two weeks 
after a potential employee actually arrived in the United States. This 
change will provide VIS with automatic access to the most current data 
to ensure rapid and accurate processing of verification. This change is 
described more fully in the PIA published concurrently with this SORN.
    The VIS SORN is being revised to correct previous VIS SORNs which 
state that VIS contained information on individuals covered by 
provisions of the Immigration and Nationality Act. However, because VIS 
is used to establish employment authorization for all employees from an 
employer that participates in the program, it necessarily includes data 
on both U.S. citizen and non-U.S. citizen employees. Section (b) of 8 
U.S.C 1324a specifically describes the requirements for collecting and 
using the employment and identity verification information. This 
correction is further described in the PIA to publish currently with 
this SORN.
    The VIS SORN is being updated to reflect the fact that VIS will 
begin requiring the use of the Photo Screening Tool for all employers 
verifying employment eligibility of their non-U.S. citizen employee, if 
a photo is on file with USCIS in the ISRS and/or BSS (when the latter 
is deployed) system. The use of the photo will add an additional step 
to further ensure that the employee is actually the person who they are 
claiming to be and to detect certain cases of document fraud such as 
superimposing a new photograph on a valid immigration document. This 
issue is described in the VIS PIA dated September 4, 2007.
    Finally, the VIS SORN is being revised to remove routine use L. 
which covered sharing ``To Federal and foreign government intelligence 
or counterterrorism agencies when DHS reasonably believes there to be a 
threat or potential threat to national or international security for 
which the information may be useful in countering the threat or 
potential threat, when DHS reasonably believes such use is to assist in 
anti-terrorism efforts, and disclosure is appropriate to the proper 
performance of the official duties of the person making the 
disclosure''. This routine use was found to go beyond the E-Verify and 
SAVE's legal authority for sharing. The other routine uses appropriate 
cover all sharings.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United Stated Government 
collects, maintains, uses and disseminates personally identifiable 
information. 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 particular assigned to an individual.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system to make agency recordkeeping practices 
transparent, to notify individuals reading the uses to which personally 
identifiable information is put, and to assist the individual to more 
easily find such files within the agency.

III. Privacy Impact Assessments

    DHS is publishing a PIA update to coincide with this SORN. This PIA 
update reflects many of the changes that are discussed in this SORN. 
Other changes were discussed more fully in the PIA update, dated 
September 4, 2207, which did not accompany a SORN. These updates, when 
taken together with the PIA dated April 1, 2007, analyze the current 
privacy risks to VIS.
    In accordance with 5 U.S.C. 552a(r), a report on this system has 
been sent to Congress and to the Office of Management and Budget.
SYSTEM OF RECORDS
DHS/USCIS-004

System Name:
    U.S. Citizenship and Immigration Services Verification Information 
System (VIS).

System Location:
    The Verification Information System (VIS) database is housed in a 
contractor-owned facility in Meriden, CT. The system is accessible via 
the Internet, Web services, Secure File Transfer Protocol (SFTP) batch, 
and through a computer via analog telephone line, and is publicly 
accessible to participants of the Systematic Alien for Verification 
Entitlements (SAVE) program and the E-Verify Employer Verification 
program, including authorized USCIS personnel, other authorized 
government users, participating employers, and other authorized users.

Categories of Individuals Covered by the System:
    This system contains information on individuals, both U.S. citizens 
and non-U.S. citizens covered by provisions of the Immigration and 
Nationality Act of the United States including but not limited to 
individuals who have been lawfully admitted to the United States, 
individuals who have been granted U.S. citizenship and individuals who 
have applied for other immigration benefits pursuant to 8 U.S.C. 1103 
et seq. This system also contains information on individuals, both U.S. 
citizens and non-U.S. citizens, whose employers have submitted to the 
E-Verify program their employees identification documentation upon 
initial employment.

Categories of Records in the System:
    A. Data originating from the USCIS Central Index System (CIS), 
including the following information about the individual who comes 
before USCIS: Alien Registration Number (A-Number), Name (last, first, 
middle), Date of birth, Date entered United States (entry date), 
Country of birth, Class of Admission code, File Control Office code, 
Social Security Number, Admission Number (I-94 Number), Provision of 
Law code cited for employment authorization, office code where the 
authorization was granted, Date employment authorization decision 
issued, Date employment authorization may begin (start date), Date 
employment authorization expires (expiration date), and Date employment 
authorization was denied (denial date).
    B. Data originating from the U.S. Customs and Border Protection 
Treasury Enforcement Communications System (TECS), including the 
following information about the individual: A-Number, Name (last, 
first, middle), Date alien's status was changed (status change date), 
Date of birth, Class of Admission Code, Date admitted until, Country of 
citizenship, Port of entry, Date entered United States (entry date),

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Departure date, I-94 Number, Visa Number.
    C. Data originating from the Redesigned Naturalization Automated 
Casework System (RNACS). RNACS is a database that includes information 
from individuals who have filed applications for naturalization, 
citizenship, or to replace naturalization certificates under the 
Immigration and Nationality Act, as amended, and/or who have submitted 
fee payments with such applications. The naturalization records in the 
RNACS database house information from 1986 to 1996. Information that 
identifies individuals named above, e.g., name and address, date of 
birth, and alien registration number. Records in the system may also 
include information such as date documents were filed or received in 
INS, status, codes of admission, and locations of record.
    D. Data originating from the Computer Linked Applications 
Information Management System (CLAIMS 4) including the following 
information about the individual; First Name, Last Name, Date of Birth, 
Social Security Number, and naturalization date.
    E. Data originating from the USCIS Biometric Storage System (BSS), 
including: Receipt Number, Name (last, first, middle), Date of Birth, 
Country of Birth, Alien number, Form number, for example Form I-551 
(Lawful Permanent Resident card) or Form I-766 (Employment 
Authorization Document), Expiration Date, and Photo.
    F. Data originating from the USCIS Computer Linked Application 
Information Management System (CLAIMS 3), including: Receipt number, 
Name (last, first, middle), Date of Birth, Country of Birth, Class of 
Admission Code, A-number, I-94 number, Date entered United States 
(entry date), and Valid To Date.
    G. Data originating from the U.S. Immigration and Customs 
Enforcement (ICE) Student and Exchange Visitor Information System 
(SEVIS), including: SEVIS Identification Number (SEVIS ID), Name (last, 
first, middle), Date of Birth, Country of Birth, Class of Admission 
Code, I-94 number, Date entered United States (entry date), and Valid 
To Date.
    H. Data originating from Social Security Administration (SSA), 
including: Confirmation of employment eligibility based on SSA records, 
tentative non-confirmation of employment eligibility and the underlying 
justification for this decision, and Final non-confirmation of 
employment eligibility.
    I. Information collected from the benefit applicant by a federal, 
state, local or other benefit-issuing agency to facilitate immigration 
status verification that may include the following about the benefit 
applicant: Receipt Number, A-Number, I-94 Number, Name (last, first, 
middle), Date of birth, User Case Number, DHS document type, DHS 
document expiration date, SEVIS ID and Visa Number.
    J. 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, Point(s) of Contact, Contact telephone number, Fax 
number, E-mail address, Type of benefit(s) the agency issues (i.e. 
Unemployment Insurance, Educational Assistance, Driver Licensing, 
Social Security Enumeration, etc.).
    K. Information collected from the benefit-issuing agency about the 
Individual Agency User including: Name (last, first, middle), Phone 
Number, Fax Number, E-mail address, User ID for users within the 
Agency.
    L. System-generated response, as a result of the SAVE verification 
process including: Case Verification Number, Entire record in VIS 
database as outlined above, including all information from CIS, SEVIS, 
TECS, and CLAIMS 3 and with the exception of the biometric information 
(photo) from BSS, and Immigration status (e.g. Lawful Permanent 
Resident).
    M. Information collected from the employee by the Employer User to 
facilitate employment eligibility verification may include the 
following about the Individual employee: Receipt Number, Visa Number, 
Foreing Passport number, A-Number, I-94 Number, Name (last, first, 
middle initial, maiden), Social Security Number, Date of birth, Date of 
hire, Claimed citizenship status, Acceptable Form I-9 document type, 
and Acceptable Form I-9 Document expiration date.
    N. Information Collected About the Employer, including: Company 
name, Physical Address, Employer Identification Number, North American 
Industry Classification System code, Number of employees, Number of 
sites, Parent company or Corporate company, Name of Contact(s), Phone 
Number, Fax Number, and E-mail Address.
    O. Information Collected about the Employer User (e.g., Identifying 
users of the system at the Employers), including: Name, Phone Number, 
Fax Number, E-mail address, and User ID.
    P. System-generated response information, resulting from the E-
Verify employment eligibility verification process, including: Case 
Verification Number; VIS generated response: Employment authorized, 
Tentative non-confirmation, Case in continuance, Final non-
confirmation, Employment unauthorized, or DHS No Show; Disposition data 
from the employer includes Resolved Unauthorized/Terminated, Self 
Terminated, Invalid Query, Employee not terminated, Resolved 
Authorized, and Request additional verification, which includes why 
additional verification is requested by the employer user.

Authority for Maintenance of the System:
    The authority for the maintenance of records in the system is found 
in 8 U.S.C. 1324a, 8 U.S.C. 1360, 42 U.S.C. 1320b-7 and 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), P.L. 104-193, 110 Stat. 2168, and in Title IV, Subtitle A, of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(IIRIRA), Public Law 104-208, 110 Stat. 3009.

Purpose(s):
    This system of records is used to provide immigration and 
citizenship status information to Federal, State, and local government 
agencies for immigrants, non-immigrants, and naturalized U.S. citizens 
applying for Federal, State, and local public benefits.
    It is also used to provide employment authorization information to 
employers participating in the E-Verify/Employment Eligibility 
Verification Program.
    Lastly this system of records may be used to monitor for the 
commission of fraud or other illegal activity related to misuse of 
either the SAVE or E-Verify program including as investigating 
duplicate registrations by employers, inappropriate registration by 
individuals posing as employers, verifications that are not performed 
within the required 3-day verification time limit, and cases referred 
to E-Verify or SAVE by the Department of Justice (DOJ) Office of 
Special Counsel for Immigration-Related Unfair Employment Practices 
(OSC).

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, 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 a federal, state, tribal, or local government agency, or to a 
contractor

[[Page 10797]]

acting on the agency's behalf, to the extent that such disclosure is 
necessary to enable these agencies to make decisions concerning: (1) 
Determination of eligibility for a federal, state, or local public 
benefit; (2) issuance of a license or grant; or (3) government-issued 
credential.
    B. To employers participating in the E-Verify Employment 
Verification Program in order to verify the employment eligibility of 
their employees working in the United States.
    C. To other Federal, State, tribal, and local government agencies 
seeking to verify or determine the citizenship or immigration status of 
any individual within the jurisdiction of the DHS as authorized or 
required by law.
    D. To contractors, grantees, experts, consultants, and others 
performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the federal government, when 
necessary to accomplish a DHS mission function related to this system 
of records, in compliance with the Privacy Act of 1974, as amended.
    E. 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.
    F. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    G. To a former employee of the Department for purposes of: (1) 
Responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or (2) facilitating 
communications with a former employee that may be necessary for 
personnel-related or other official purposes where the Department 
requires information and/or consultation assistance from the former 
employee regarding a matter within that person's former area of 
responsibility.
    H. To the DOJ, Civil Rights Division, for the purpose of responding 
to matters within the DOJ's jurisdiction to include allegations of 
fraud and/or nationality discrimination.
    I. To appropriate agencies, entities, and persons when: (1) It is 
suspected or confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) it is 
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) that rely upon the compromised information; and (3) the 
disclosure is made to such agencies, entities, and persons when 
reasonably necessary to assist in connection with efforts to respond to 
the suspected or confirmed compromise and prevent, minimize, or remedy 
such harm.
    J. To the United States Department of Justice (including United 
States Attorney offices) or other federal agency conducting litigation 
or in proceedings before any court, adjudicative or administrative 
body, or to the court 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; (2) any employee of DHS in 
his or her official capacity; (3) any employee of DHS in his or her 
individual capacity where DOJ or DHS has agreed to represent said 
employee; or (4) the United States or any agency thereof;
    K. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, license, 
or treaty where DHS determines that the information would assist in the 
enforcement of civil or criminal laws.

Disclosure to consumer reporting agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records in the System:
    Data is stored in computer accessible storage media and hardcopy 
format.

Retrievability:
    Agency records are retrieved by name of applicant or other unique 
identifier to include: verification number, A-Number, I-94 Number, Visa 
Number, SEVIS ID, or by the submitting agency name. Employer records 
are retrieved by verification number, A-Number, I-94 Number, Receipt 
Number, Passport (U.S. or Foreign) number or Social Security Number of 
the employee, or by the submitting company name.

Safeguards:
    Information in this system is safeguarded in accordance with 
applicable laws and policies, including the DHS information technology 
security policies and the Federal Information Security Management Act 
(FISMA). All records are protected from unauthorized access through 
appropriate administrative, physical, and technical safeguards. These 
safeguards include restricting access to authorized personnel on a 
need-to-know basis, using locks, and password protection features. The 
system is also protected through a multi-layer security approach. The 
protective strategies are physical, technical, administrative and 
environmental in nature, which provide access control to sensitive 
data, physical access control to DHS facilities, confidentiality of 
communications, authentication of sending parties, and personnel 
screening to ensure that all personnel with access to data are screened 
through background investigations commensurate with the level of access 
required to perform their duties.
    Information maintained by DHS contractors for this system is also 
safeguarded in accordance with all applicable laws and regulations, 
including DHS IT security policies and FISMA. Access is controlled 
through user identification and discrete password functions to assure 
that accessibility is limited.

Retention and Disposal:
    The following proposal for retention and disposal is being prepared 
to be sent to the National Archives and Records Administration for 
approval. Records collected in the process of establishing immigration 
and citizenship status or employment authorization are stored and 
retained in the VIS Repository for ten (10) years, from the date of the 
completion of the verification unless the records are part of an on-
going investigation in which case they may be retained until completion 
of the investigation. This period is based on the statute of 
limitations for most types of misuse or fraud possible using VIS (under 
18 U.S.C. 3291, the statute of limitations for false statements or 
misuse regarding passports, citizenship or naturalization documents).
    Once the web user views the photo, the image is discarded and not 
retained on the web user's computer. Photocopies mailed to DHS in 
response to a TNC will be maintained as long as necessary to complete 
the verification process, and the duration of the benefit granted, but 
not limited to possible investigation and prosecution of fraud in the 
case of detected photo substitution.

System Manager(s) and Address:
    Chief, Verification Division, U.S. Citizenship and Immigration 
Services,

[[Page 10798]]

470-490 L'Enfant Plaza East, SW., Suite 8206, Washington, DC 20024.

Notification Procedures:
    Please address your inquiries about the VIS system in writing to 
the system manager identified above. To determine whether this system 
contains records relating to you, provide a written request containing 
the following information:
    1. Identification of the record system;
    2. Identification of the category and types of records sought; and
    3. The requesting individual's signature and verification of 
identity pursuant to 28 U.S.C. 1746, which permits statements to be 
made under penalty of perjury. Alternatively, a notarized statement may 
be provided.
    Address inquiries to the system manager at: Chief, Verification 
Division, U.S. Citizenship and Immigration Services, 470-490 L'Enfant 
Plaza East, SW., Suite 8206, Washington, DC 20024, or to the Freedom of 
Information/Privacy Act Office, USCIS, National Records Center, P.O. 
Box 6481010, Lee Summit, MO 64064-8010.

Record Access Procedures:
    In order to gain access to one's information stored in the VIS 
database, a request for access must be made in writing and addressed to 
the Freedom of Information Act/Privacy Act (FOIA/PA) officer at USCIS. 
Individuals who are seeking information pertaining to them are directed 
to clearly mark the envelope and letter ``Privacy Act Request.'' Within 
the text of the request, the subject of the record must provide his/her 
account number and/or the full name, date and place of birth, and 
notarized signature, and any other information which may assist in 
identifying and locating the record, and a return address. For 
convenience, individuals may obtain Form G-639, FOIA/PA Request, from 
the nearest DHS office and used to submit a request for access. The 
procedures for making a request for access to one's records can also be 
found on the USCIS Web site, located at http://www.uscis.gov.
    An individual who would like to file a FOIA/PA request to view 
their USCIS record may do so by sending the request to the following 
address: U.S. Citizenship and Immigration Services, National Records 
Center, FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO 64064-8010.


Contesting Record Procedures:
    Individuals have an opportunity to correct their data by submitting 
a redress request directly to the USCIS Privacy Officer who refers the 
redress request to the USCIS Office of Records. When a redress request 
is made, any appropriate change is added directly to the existing 
records stored in the underlying DHS system of records from which the 
information was obtained. Once the record is updated in the underlying 
DHS system of records, it is downloaded into VIS. If an applicant 
believes their file is incorrect but does not know which information is 
erroneous, the applicant may file a Privacy Act request to access their 
record as detailed in the section titled ``Record access procedures'' 
above.


Record Source Categories:
    Information contained comes from several sources: (A.) Information 
derived from the following DHS systems of records, USCIS's CIS, 
CLAIMS3, CLAIMS4, RNACS, ISRS and/or BSS (when the latter system is 
deployed); CBP's TECS; and ICE's SEVIS, (B.) Information derived from 
the SSA, (C.) Information collected from agencies and employers about 
individuals seeking government benefits or employment with an employer 
using an employment verification program, (D.) Information collected 
from system users at either the agency or the employer used to provide 
account access to the verification program, and (E.) Information 
developed by VIS to identify possible issues of misuse or fraud.


Exemptions Claimed for the System:
    None.

Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-3833 Filed 2-27-08; 8:45 am]
BILLING CODE 4410-10-P