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28 February 2008
[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Notices]
[Page 10793-10798]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe08-82]
[[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
[[Page 10795]]
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),
[[Page 10796]]
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]
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