[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47415-47419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19207]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2012-0047]
Privacy Act of 1974; Department of Homeland Security U.S.
Citizenship and Immigration Services (USCIS)--004--Systematic Alien
Verification for Entitlements (SAVE) Program System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/United States Citizenship and Immigration Services--004--
Systematic Alien Verification for Entitlements Program System of
Records.'' The United States Citizenship and Immigration Services,
Systematic Alien Verification for Entitlements (SAVE) program is a fee-
based intergovernmental initiative designed to help federal, state,
tribal, and local government agencies check immigration status for
granting benefits, licenses, and other lawful purposes. The Department
of Homeland Security is updating this Privacy Act System of Records for
the SAVE program to provide notice that SAVE is: (1) Adding the
collection of the foreign passport country of issuance (COI) from the
agencies that issue the benefits and from the United States Visitor and
Immigrant Status Indicator Technology (US-VISIT) Arrival and Departure
Information System (ADIS) to the ``Categories of Records;'' (2) moving
the list of sources of records from ``Category of Records'' to ``Record
Source Categories,'' removing two decommissioned systems and adding two
new systems from ``Record Source Categories;'' (3) updating the system
location information for the Verification Information System (VIS), the
underlying technology supporting the SAVE program, from a contractor-
owned facility in Meriden, CT to a government-owned facility in
Stennis, MS; (4) incorporating minor changes to the ``Routine Uses'' to
improve clarity; and (5) adding COI to ``Retrievability'' as a way in
which DHS may retrieve records in this system of records. This updated
system is included in the Department of Homeland Security's inventory
of records systems.
[[Page 47416]]
DATES: Submit comments on or before September 7, 2012. This updated
system will be effective September 7, 2012.
ADDRESSES: You may submit comments, identified by docket number DHS-
2012-0047 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.
Instructions: All submissions received must include 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.
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:
Brian C. Hobbs, 202-443-0114, 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: Jonathan R. Cantor (202-343-
1717), Acting Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS), U.S. Citizenship and Immigration
Services (USCIS) proposes to update and re-issue the current DHS system
of records titled, ``DHS/U.S. Citizenship and Immigration Services--
DHS/USCIS-004, Systematic Alien Verification for Entitlement (SAVE)
Program System of Records.'' The USCIS SAVE program is a fee-based
intergovernmental initiative designed to help federal, state, tribal,
and local government agencies check immigration status for granting
benefits, licenses, and other lawful purposes.
DHS is updating this Privacy Act System of Records Notice for the
SAVE Program to provide notice that SAVE is: (1) Adding the collection
of the foreign passport country of issuance (COI) from the agencies
that issue benefits and from the United States Visitor and Immigrant
Status Indicator Technology (US-VISIT) Arrival and Departure
Information System (ADIS) to the ``Categories of Records;'' (2) moving
the list of sources of records from ``Category of Records'' to ``Record
Source Categories,'' removing two decommissioned systems and adding two
new systems to ``Record Source Categories;'' (3) updating the system
location information for the Verification Information System (VIS), the
underlying technology supporting the SAVE program, from a contractor-
owned facility in Meriden, CT to a government-owned facility in
Stennis, MS; (4) incorporating minor changes to the ``Routine Uses'' to
improve clarity; and (5) adding COI to ``Retrievability'' as a way in
which DHS may retrieve records in this system of records.
As described in more detail in the DHS/USCIS/PIA-006(a), SAVE
currently uses the I-94 number, which is generally issued to aliens at
the time they lawfully enter the United States, as a primary identifier
to determine immigration status for non-immigrants. U.S. Customs and
Border Protection (CBP) is in the process of automating the I-94 system
to increase efficiency and streamline the admission process for
travelers to the United States. However, since SAVE depends on the
integrity of the I-94 number and the CBP's automation efforts are still
underway, USCIS is updating its process for SAVE by using a foreign
passport number and COI as a primary identifier. A stand-alone passport
number does not result in a unique primary identifier because multiple
countries could issue the same passport number. Benefit granting
agencies will enter the foreign passport number and COI. SAVE will
verify this data against ADIS.
In order to provide greater clarity in this SORN, USCIS has removed
the sources of records that were described in the ``Category of
Records'' and moved them to ``Source Record Categories''. In addition
to moving the list of source records, DHS has removed two sources, ISRS
and RNACS, and added two new sources of records: (1) Customer Profile
Management System (CPMS) for biometric information on individuals
issued a Permanent Resident Card (Form I-551) or Employment
Authorization Document (Form I-766), and (2) eCISCOR to manually verify
the immigration status of benefit applicants.
USCIS is also providing public notice of the relocation of the VIS
system. In alignment with OMB's Federal Data Center Consolidation
Initiative, the DHS Office of the Chief Information Officer is
consolidating 43 of the Department's legacy data centers into two
Enterprise Data Centers (EDCs), known as Data Center (DC)1 and DC2. The
consolidation of numerous Component systems at our EDCs enables more
effective collection and use of business information across the
enterprise. VIS was originally stored in a contractor owned facility in
Meriden, CT. Since the publication of the original SORN, the system has
moved to the DHS-owned facility, DC1.
DHS is updating the routine uses to add additional clarity
concerning the uses of data. These updates do not create any new
sharing uses of data. The routine uses are being updated to add general
language ensuring that ``[a]ny disclosure of information must be made
consistent with the official duties of the person making the
disclosure.'' Routine uses A, B, and D are being reworded to provide
greater clarity and make non-substantive grammatical changes. Routine
use C is being updated to change ``other federal government agencies''
to ``General Services Administration'' to better reflect the statutory
authorities and the fact that records will be shared with the National
Archives and Records Administration (NARA) where NARA maintains the
records as permanent records.
DHS is updating ``Retreivability'' to include COI as a way in which
DHS may retrieve records in this system of records.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the 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 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/U.S. Citizenship and
Immigration Services (USCIS)--004, Systematic Alien Verification for
Entitlements, 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.
[[Page 47417]]
System of Records
Department of Homeland Security (DHS)/U.S. Citizenship and
Immigration Services (USCIS)--004.
System name:
Department of Homeland Security (DHS)/U.S. Citizenship and
Immigration Services (USCIS), Systematic Alien Verification for
Entitlements (SAVE).
Security classification:
Unclassified, For Official Use Only
System location:
Records are maintained at U.S. Citizenship and Immigration Services
Headquarters in Washington, DC, in U.S. Citizenship and Immigration
Services field offices, and at the DHS Stennis Data Center (DC1).
Categories of individuals covered by the system:
Categories of individuals covered by this system include both U.S.
citizens and non-U.S. citizens covered by provisions of the Immigration
and Nationality Act of the United States, including individuals who
have been lawfully admitted to the United States, individuals who have
been granted or derived U.S. citizenship, and individuals who have
applied for other immigration benefits pursuant to 8 U.S.C. 1103 et
seq.
Categories of records in the system:
A. Information collected from the benefit applicant by the agency
issuing the benefit to facilitate immigration status verification may
include the following about the benefit applicant:
Receipt number
Alien Number (A-Number)
Admission number (I-94 number)
Name (last, first, middle, maiden)
Date of birth
Country of birth
Customer agency case number
Department of Homeland Security document type
Department of Homeland Security document expiration date
U. S. Immigration and Custom Enforcement's (ICE) Student
and Exchange Visitor Identification System (SEVIS) ID
Foreign passport number and Country of Issuance (COI)
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 program
verification process including case verification number and SAVE
program response.
C. The individual information that may be verified through the SAVE
program includes:
Alien 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
Social Security Number
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 and country of issuance (COI)
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 Social Security number
Beneficiary name (last, first, middle)
Petitioner alien number
Petitioner Social Security Number
Petitioner naturalization certificate number
Petitioner name (last, first)
Petitioner tax number
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, Alien Number, receipt number, phone
number, marriage date and place, and naturalization date and place
Information may also include child's name(s) (last, first,
middle), date of birth, country of birth, class of admission, Alien
Number
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 Immigration Reform and Control Act (IRCA), Public
Law 99-603, 100 Stat. 3359 (1986); Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA), Public Law 104-193, 110 Stat.
2105 (1996); Title IV, Subtitle A, of Illegal Immigration Reform and
Immigrant Responsibility Act (IIRIRA), Public Law 104-208, 110 Stat.
3009 (1997); and the REAL ID Act of 2005, Public Law 109-13, 119 Stat.
231 (2005).
Purpose(s):
The purpose of the Systematic Alien Verification for Entitlements
(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 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 the
Department of Homeland Security as a routine use pursuant to 5 U.S.C.
552a(b)(3). Any disclosure of information must be made consistent with
the official duties of the person making the disclosure. The routine
uses are as follows:
A. To the Department of Justice (DOJ), including U.S. Attorney
Offices, or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body,
[[Page 47418]]
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The U.S. or any agency thereof.
B. To a congressional office from the record of an individual in
response to a written inquiry from that congressional office made
pursuant to a Privacy Act waiver from the individual to whom the record
pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, 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 or
Computer Matching Agreement (CMA) is in place between DHS and the
entity.
I. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by name of applicant or other unique
identifier to include: Verification Number, Alien Number, I-94 Number,
Social Security Number, Passport Number and Country of Issuance (COI),
Visa Number, SEVIS Identification, 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 ongoing investigation in which case they will be retained
until completion of the investigation. This period is based on the
statute of limitations for most types of misuse or fraud possible using
SAVE (under 18 U.S.C. 3291, the statute of limitations for false
statements or misuse regarding passports, citizenship, or
naturalization documents).
System Manager and address:
Chief, Verification Division, U.S. Citizenship and Immigration
Services, 131 M Street NE., Suite 200, Mail Stop 200, Washington, DC
20529.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the 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., Building 410, STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR Part 5. You must
first verify your identity, meaning that you must provide your full
name, current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief
[[Page 47419]]
Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-
0486. In addition you should:
Explain why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without the above information the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained from several sources 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 below: Arrival/Departure Information System (ADIS),
Central Index System (CIS)
Computer-Linked Application Information Management System
3 & 4 (CLAIMS 3 & CLAIMS 4)
Customer Profile Management System (CPMS)
Customs and Border Protection's (CBP) Nonimmigrant
Information System and Border Crossing Information (NIIS and BCI)
Enforcement Integrated Database (EID)
Enforcement Alien Removal Module (EARM)
Enterprise Citizenship and Immigration Services
Centralized Operational Repository (eCISCOR)
Enterprise Document Management System (EDMS)
Marriage Fraud Amendment System (MFAS)
Microfilm Digitization Application System (MiDAS)
National File Tracking System (NFTS)
Refugees, Asylum, and Parole System (RAPS)
Student and Exchange Visitor Identification System (SEVIS)
Immigration status (e.g., Lawful Permanent Resident) from
the Department of Justice Executive Office of Immigration Review
(EOIR), System and the Department of State the Consular Consolidated
Database (DOS-CCD).
(D) Information created by the Systematic Alien Verification for
Entitlements (SAVE) program.
Exemptions claimed for the system:
None.
Dated: July 27, 2012.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2012-19207 Filed 8-7-12; 8:45 am]
BILLING CODE 9111-97-P