Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Notices 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2012–0048] 

Privacy Act of 1974; Department of 

Homeland Security U.S. Citizenship 

and Immigration Services –011 EVerify 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—011 E-Verify 

Program System of Records.’’ The 

United States Citizenship and 

Immigration Services E-Verify Program 

allows employers to check citizenship 

status and verify employment eligibility 

of newly hired employees. The 

Department of Homeland Security is 

updating this Privacy Act System of 

Records Notice for the E-Verify Program 

in order to provide notice that E-Verify 

is: (1) Updating the ‘‘Category of 

Individuals’’ to remove USCIS 

employees and contractors, which are 

covered under the DHS/ALL–004 

General Information Technology Access 

Account Records System SORN, and to 

remove individuals who have locked 

their Social Security Number (SSN) in 

E-Verify since this functionality is not 

available; (2) adding the collection of 

the foreign passport country of issuance 

(COI) from the employers using the 

recently updated Form I–9 and from the 

United States Visitor and Immigrant 

Status Indicator Technology (US–VISIT) 

Arrival and Departure Information 

System (ADIS) to the ‘‘Categories of 

Records;’’ (3) 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;’’ (4) removing the 

monitoring and compliance ‘‘Category 

of Records’’ because those are now 

covered by the Compliance Tracking 

and Management System (CTMS) SORN 

(74 FR 24022); (5) updating the system 

location information for the Verification 

Information System (VIS), the 

underlying technology supporting the EVerify program, from a contractorowned facility in Meriden, CT to a 

government-owned facility in Stennis, 

MS; (6) incorporating minor changes to 

the ‘‘Routine Uses’’ to improve clarity; 

and (7) 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 record systems. 

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– 

2012–0048 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, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 131 M Street NE., 

Suite 200 Mail Stop 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. 


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47420 Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Notices 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, the Department of Homeland 

Security proposes to update and reissue 

the Department of Homeland Security 

system of records titled, ‘‘Department of 

Homeland Security/U.S. Citizenship 

and Immigrations—011 E-Verify 

Program System of Records.’’ The 

USCIS E-Verify Program allows 

employers to check citizenship status 

and verify employment eligibility of 

newly hired employees. 

DHS is updating this Privacy Act 

System of Records Notice for the EVerify Program in order to provide 

notice that E-Verify is: (1) Updating the 

‘‘Category of Individuals’’ to remove 

USCIS employees and contractors, 

which are covered under the DHS/ALL– 

004 General Information Technology 

Access Account Records System SORN, 

and to remove individuals who have 

locked their SSN in E-Verify since this 

functionality is not currently available; 

(2) adding the collection of the foreign 

passport country of issuance (COI) from 

the employers using the recently 

updated I–9 Form and from the United 

States Visitor and Immigrant Status 

Indicator Technology (US–VISIT) 

Arrival and Departure Information 

System (ADIS) to the ‘‘Categories of 

Records;’’ (3) 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;’’ (4) removing the 

monitoring and compliance ‘‘Category 

of Records’’ because those are now 

covered by the Compliance Tracking 

and Management System (CTMS) SORN 

(74 FR 24022); (5) updating the system 

location information for the Verification 

Information System (VIS), the 

underlying technology supporting the EVerify program, from a contractorowned facility in Meriden, CT to a 

government-owned facility in Stennis, 

MS; (6) incorporating minor changes to 

the ‘‘Routine Uses’’ to improve clarity; 

and (7) adding COI to ‘‘Retrievability’’ 

as a way in which DHS may retrieve 

records in this system of records. 

DHS is updating the ‘‘Category of 

Individuals’’ to remove USCIS 

employees and contractors. These 

individuals are covered under the DHS/ 

ALL–004 General Information 

Technology Access Account Records 

System SORN. Additionally DHS is 

updating the ‘‘Category of Individuals’’ 

to remove individuals who have locked 

their SSN in E-Verify. Functionality that 

enables individuals to lock their SSNs is 

not available in E-Verify. 

As described in more detail in the 

DHS/USCIS/PIA–030(d), E-Verify 

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 

employment eligibility for nonimmigrants. 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 E-Verify depends 

on the integrity of the I–94 number and 

the CBP’s automation efforts are still 

underway, USCIS is updating it process 

for E-Verify 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. Employers 

will enter the foreign passport number 

and COI. E-Verify 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 one new 

source of records, Customer Profile 

Management System (CPMS) for 

biometric information on individuals 

issued a Permanent Resident Card 

(Form I–551). 

DHS removed the monitoring and 

compliance ‘‘Category of Records’’ 

because those are now covered by the 

Compliance Tracking and Management 

System (CTMS) SORN (74 FR 24022). 

DHS 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 DHSowned 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 nonsubstantive 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, the 

Department of Homeland Security 

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—011, E-Verify Program System 

of Records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this 

system of records to the Office of 

Management and Budget and to 

Congress. 

System of Records 

Department of Homeland Security 

(DHS)/U.S. Citizenship and Immigration 

Services (USCIS)—011 

SYSTEM NAME: 

DHS/U.S. Citizenship and 

Immigration Services—011—E-Verify 

Program 

SECURITY CLASSIFICATION: 

Unclassified, for official use only. 

SYSTEM LOCATION: 

Records are maintained at the U.S. 

Citizenship and Immigration Services 


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(USCIS) Headquarters in Washington, 

DC and field offices; and at the DHS 

Stennis Data Center (DC1). 

CATEGORIES OF UNDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

the E-Verify program include: 

employees, both U.S. Citizens and non– 

U.S. Citizens, whose employers have 

submitted to E-Verify their 

identification information; employers 

who enroll in E-Verify; designated 

agents who enroll in E-Verify; 

individuals employed or retained by 

employers or designated agents who 

have accounts to use E-Verify; 

individuals who contact E-Verify with 

information on the use of E-Verify; and 

individuals who provide their names 

and contact information to E-Verify for 

notification or contact purposes. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

A. Information about the employee to 

be verified: 

• Name (last, first, middle initial, 

maiden) 

• Date of Birth 

• Social Security Number 

• Date of Hire 

• Information related to the 

expiration of the three day hire 

• Awaiting SSN 

Æ Technical Problems 

Æ Audit Revealed New Hire Was Not 

Run 

Æ Federal Contractor With E-Verify 

Clause Verifying Existing Employees 

Æ Other 

• Claimed Citizenship Status 

• Acceptable Form I–9 document 

type 

• Expiration Date of Acceptable Form 

I–9 Document 

• State or jurisdiction of issuance of 

identity document when that document 

is a driver’s license, driver’s permit, or 

state-issued identification (ID) card 

• Passport Number and Country of 

Issuance 

• Driver’s license number, driver’s 

permit number, or state-issued ID 

number if issued by a state or 

jurisdiction participating in the Records 

and Information from Departments of 

Motor Vehicles for E-Verify (RIDE) 

program and where an Memorandum of 

Agreement (MOA) exists between the 

state or jurisdiction and DHS USCIS to 

verify the information about the 

document 

• Receipt Number 

• Visa Number 

• A-Number 

• I–94 Number 

• Employment Authorization 

Document (Form I–766) Number 

• Permanent Residence Card (Form I– 

551) Number Photographs, if required 

by secondary verification 

B. Disposition data from the 

employer. The following codes are 

entered by the employer based on what 

the employer does as a result of the 

employment verification information: 

• The employee continues to work for 

the employer after receiving and 

Employment Authorized result: 

Employer selects this option based on 

receiving an Employment Authorized 

response from E-Verify; 

• The employee continues to work for 

the employer after receiving a Final 

Non-confirmation (FNC) result: 

Employer selects this option based on 

the employee getting an FNC despite the 

employee contesting the Tentative Nonconfirmation (TNC) and the employer 

retains the employee; 

• The employee continues to work for 

the employer after receiving a No Show 

result: Employer selects this option 

based on the employee getting a TNC 

but the employee did not try to resolve 

the issue with SSA or DHS and the 

employer retains the employee; 

• The employee continues to work for 

the employer after choosing not to 

contest a TNC: Employer selects this 

option when the employee does not 

contest the TNC but the employer 

retains the employee; 

• The employee was terminated by 

the employer for receiving a FNC result: 

Employer selects this option when 

employee receives FNC and is 

terminated; 

• The employee was terminated by 

the employer for receiving a No Show 

result: Employer selects this option 

when employee did not take an action 

to resolve and is terminated; 

• The employee was terminated by 

the employer for choosing not to contest 

a TNC: Employer selects this option 

when employee does not contest the 

TNC and is terminated; 

• The employee voluntarily quit 

working for the employer: Employer 

selects this option when employee 

voluntarily quits job without regard to 

E-Verify; 

• The employee was terminated by 

the employer for reasons other than EVerify: Employer selects this option 

when employee is terminated for 

reasons other than E-Verify; 

• The case is invalid because another 

case with the same data already exists: 

Employer selects this option when the 

employer ran an invalid query because 

the information had already been 

submitted; 

• The case is invalid because the data 

entered is incorrect: Employer selects 

this option when the employer ran an 

invalid query because the information 

was incorrect. 

C. Information about the Employer or 

Designated Agent: 

• Company Name 

• Street Address 

• Employer Identification Number 

• North American Industry 

Classification System (NAICS) Code 

• Number of Employees 

• Number of Sites 

• Parent Company or Corporate 

Company 

• Name of Company Point of Contact 

• Phone Number 

• Fax Number 

• Email Address 

D. Information about the Individual 

Employer User of E-Verify: (e.g., Human 

Resource employee conducting E-Verify 

queries): 

• Last Name 

• First Name 

• Middle Initial 

• Phone Number 

• Fax Number 

• Email Address 

• User ID 

E. Employment Eligibility Information 

created by E-Verify: 

• Case Verification Number 

• VIS Response 

Æ Employment Authorized 

Æ SSA TNC 

Æ DHS TNC 

Æ SSA Case in Continuance (In rare 

cases SSA needs more than 10 federal 

government workdays to confirm 

employment eligibility) 

Æ DHS Case in Continuance (In rare 

cases DHS needs more than 10 federal 

government workdays to confirm 

employment eligibility) 

Æ SSA FNC 

Æ DHS Verification in Process 

Æ DHS Employment Unauthorized 

Æ DHS No Show 

Æ DHS FNC 

F. Information from state Motor 

Vehicle Agencies (MVAs) used to verify 

of the information from a driver’s 

license, permit, or state issued ID card 

if the state has established a MOA with 

DHS USCIS to allow verification of this 

information. The categories of records 

from MVAs may include: 

Last Name 

Æ First Name 

Æ State or Jurisdiction of Issuance 

Æ Document Type 

Æ Document Number 

Æ Date of Birth 

Æ Status Text 

Æ Status Description Text 

Æ Expiration Date 

G. Information from federal databases 

used to verify employment eligibility 

may contain some or all of the following 

information about the individual being 

verified: 

Æ Last Name 


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Æ First Name 

Æ Middle Name 

Æ Maiden Name 

Æ Date of Birth 

Æ Age 

Æ Country of Birth 

Æ Country of Citizenship 

Æ Alien Number 

Æ Social Security Number 

Æ Citizenship Number 

Æ Receipt Number 

Æ Address 

Æ Previous Address 

Æ Phone Number 

Æ Nationality 

Æ Gender 

Æ Photograph 

Æ Date Entered United States 

Æ Class of Admission 

Æ File Control Office Code 

Æ Form I–94 Number 

Æ Provision of Law Cited for 

Employment Authorization 

Æ Office Code Where the 

Authorization Was Granted 

Æ Date Employment Authorization 

Decision Issued 

Æ Date Employment Authorization 

Begins 

Æ Date Employment Authorization 

Expires 

Æ Date Employment Authorization 

Denied 

Æ Confirmation of Employment 

Eligibility 

Æ TNC of Employment Eligibility and 

Justification 

Æ FNC of Employment Eligibility 

Æ Status of Department of Justice 

Executive Office Immigration Review 

System (EOIR) Information, if in 

Proceedings 

Æ Date Alien’s Status Changed 

Æ Class of Admission Code 

Æ Date Admitted Until 

Æ Port of Entry 

Æ Departure Date 

Æ Visa Number 

Æ Passport Number 

Æ Passport Information including COI 

Æ Passport Card Number 

Æ Form Number, for example Form I– 

551 (Lawful Permanent Resident card) 

or Form I–766 (Employment 

Authorization Document); 

Æ Expiration Date 

Æ Employment Authorization Card 

Information 

Æ Lawful Permanent Resident Card 

Information 

Æ Petitioner Internal Revenue Service 

Number 

Æ Class of Admission 

Æ Valid To Date 

Æ Student Status 

Æ Visa Code 

Æ Status Code 

Æ Status Change Date 

Æ Port of Entry Code 

Æ Non-Citizen Entry Date 

Æ Program End Date 

Æ Naturalization Certificate Number 

Æ Naturalization Date and Place 

Æ Naturalization Information and 

Certificate 

Æ Naturalization Verification 

(Citizenship Certificate Identification 

ID) 

Æ Naturalization Verification 

(Citizenship Naturalization Date/Time) 

Æ Immigration Status (Immigration 

Status Code) 

Æ Federal Bureau of Investigation 

Number 

Æ Admission Number 

Æ Petitioner Firm Name 

Æ Petitioner Tax Number 

Æ Date of Admission 

Æ Marital Status 

Æ Marriage Date and Place 

Æ Marriage Information and 

Certificate 

Æ Visa Control Number 

Æ Visa Foil Number 

Æ Class of Admission 

Æ Federal Bureau of Investigation 

Number 

Æ Case History 

Æ Alerts 

Æ Case Summary Comments 

Æ Case Category 

Æ Date of Encounter 

Æ Encounter Information 

Æ Case Actions & Decisions 

Æ Bonds 

Æ Current Status 

Æ Asylum Applicant Receipt Date 

Æ Airline and Flight Number 

Æ Country of Residence 

Æ City Where Boarded 

Æ City Where Visa was Issued 

Æ Date Visa Issued 

Æ Address While in United States 

Æ File Number 

Æ File Location 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Authority for having a system for 

verification of employment eligibility is 

found in The Illegal Immigration Reform 

and Immigrant Responsibility Act of 

1996 (IIRIRA), Public Law 104–208 

(1996). 

PURPOSE(S): 

This system provides employment 

authorization information to employers 

participating in E-Verify. It may also be 

used to support monitoring and 

compliance activities for obtaining 

information in order to prevent the 

commission of fraud, discrimination, or 

other misuse or abuse of the E-Verify 

system, including violation of privacy 

laws or other illegal activity related to 

misuse of E-Verify, including: 

• Investigating duplicate registrations 

by employers; 

• Inappropriate registration by 

individuals posing as employers; 

• Verifications that are not performed 

within the required time limits; and 

• Cases referred by and between EVerify and the Department of Justice 

Office of Special Counsel for 

Immigration-Related Unfair 

Employment Practices, or other law 

enforcement entities. 

Additionally, the information in EVerify may be used for program 

management and analysis, program 

outreach, customer service and 

preventing or deterring further use of 

stolen identities in E-Verify. 

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, 

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 


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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 employers participating in the 

E-Verify Program in order to verify the 

employment eligibility of their 

employees working in the United States. 

I. To the American Association of 

Motor Vehicle Administrators Network 

and participating MVAs for the purpose 

of validating information for a driver’s 

license, permit, or identification card 

issued by the Motor Vehicle Agency of 

states or jurisdictions who have signed 

a Memorandum of Agreement with DHS 

under the Records and Information from 

Departments of Motor Vehicles for EVerify (RIDE) program. 

J. To the DOJ, Civil Rights Division, 

for the purpose of responding to matters 

within the DOJ’s jurisdiction of the EVerify Program, especially with respect 

to discrimination. 

K. 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, 

verification case number, Alien 

Number, I–94 Number, Receipt Number, 

Passport (U.S. or Foreign) Number and 

Country of Issuance (COI), Driver’s 

License, Permit, or State-Issued 

Identification Card Number, or SSN of 

the employee, employee user, or by the 

submitting company 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 E-Verify and in 

verifying employment eligibility are 

stored and retained in E-Verify for ten 

(10) years, from the date of the 

completion of the last transaction 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 EVerify (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 

(USCIS), Washington, DC 20528. 

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 U.S. 

Citizenship and Immigration Services 

(USCIS), Freedom of Information Act 

(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 

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; 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; and 

If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 


wreier-aviles on DSK7SPTVN1PROD with NOTICES
47424 Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Notices 

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 including: 

(A) Information collected from 

employers about their employees 

relating to employment eligibility 

verification; 

(B) Information collected from EVerify users used to provide account 

access and monitoring; 

(C) Information collected from Federal 

and state databases listed below: 

• Social Security Administration 

Numident System 

• CBP Nonimmigrant Information 

System (NIIS) and Border Crossing 

Information (BCI) 

• ICE Student and Exchange Visitor 

Identification System (SEVIS) 

• ICE ENFORCE Integrated Database 

(EID) Enforcement Alien Removal 

Module (EARM) Alien Number 

• USCIS Aliens Change of Address 

System (AR–11) 

• USCIS Central Index System (CIS) 

• USCIS Customer Profile 

Management System (CPMS) 

• USCIS Computer-Linked 

Application Information Management 

System Version 3 (CLAIMS 3) 

• USCIS Computer-Linked 

Application Information Management 

System Version 4 (CLAIMS 4) 

• USCIS Citizenship and Immigration 

Services Centralized Operational 

Repository (CISCOR) 

• USCIS National File Tracking 

System (NFTS) 

• USCIS Microfilm Digitization 

Application System (MiDAS) 

• USCIS Marriage Fraud Amendment 

System (MFAS) 

• USCIS Enterprise Document 

Management System (EDMS) 

• USCIS Refugees, Asylum, and 

Parole System (RAPS) 

• US–VISIT Arrival Departure 

Information System (ADIS) 

• Department of State Consular 

Consolidated Database (CCD) 

• Department of Justice Executive 

Office Immigration Review System 

(EOIR) State Motor Vehicle 

Administrations, if participating in the 

E-Verify RIDE initiative. 

(D) Information created by E-Verify. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: July 27, 2012. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2012–19204 Filed 8–7–12; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[Docket No. USCG—2012—0763] 

Merchant Marine Personnel Advisory 

Committee 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of Federal Advisory 

Committee Meeting. 

SUMMARY: The Merchant Marine 

Personnel Advisory Committee 

(MERPAC) will meet in Washington, 

DC, to discuss various issues related to 

the training and fitness of merchant 

marine personnel. This meeting will be 

open to the public. 

DATES: MERPAC working groups will 

meet on September 11, 2012, from 8 

a.m. until 4 p.m., and the full committee 

will meet briefly on the morning of 

September 11 and on September 12, 

2012, from 8 a.m. until 4 p.m. This 

meeting may adjourn early if all 

business is finished. Written comments 

to be distributed to committee members 

and placed on MERPAC’s Web site are 

due August 31, 2012. 

ADDRESSES: The Committee will meet in 

Room 2501 of the U.S. Coast Guard 

Headquarters Building, 2100 Second 

Street SW., Washington, DC 20593. 

Attendees will be required to provide a 

picture identification card and pass 

through a magnetometer in order to gain 

admittance to the U.S. Coast Guard 

Headquarters Building. Visitors should 

also arrive at least 30 minutes in 

advance of the meeting in case of long 

lines at the entrance. 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance, contact 

Mr. Rogers Henderson at 202–372–1408 

as soon as possible. 

To facilitate public participation, we 

are inviting public comment on the 

issues to be considered by the 

Committee and working groups as listed 

in the ‘‘Agenda’’ section below. Written 

comments must be identified by Docket 

No. USCG–2012–0763 and submitted by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

(preferred method to avoid delays in 

processing). 

• Fax: 202–372–1918. 

• Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

• Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. The telephone 

number is 202–366–9329. 

Instructions: All submissions received 

must include the words ‘‘Department of 

Homeland Security’’ and the docket 

number for this action. Comments 

received will be posted without 

alteration at http://www.regulations.gov, 

including any personal information 

provided. You may review a Privacy Act 

notice regarding our public dockets in 

the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Docket: For access to the docket to 

read documents or comments related to 

this notice, go to http:// 

www.regulations.gov. 

Any requests to make oral 

presentations should be made in 

advance using one of the methods 

highlighted above. This notice may be 

viewed in our online docket, USCG– 

2012–0763, at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rogers Henderson, Alternate Designated 

Federal Officer (ADFO), telephone 202– 

372–1408. If you have any questions on 

viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: Notice of 

this meeting is given under the Federal 

Advisory Committee Act, 5 U.S.C. App. 

(Pub. L. 92–463). 

MERPAC is an advisory committee 

established under the Secretary’s 

authority in section 871 of the 

Homeland Security Act of 2002, Title 6, 

United States Code, section 451, and 

chartered under the provisions of the 

FACA. The Committee acts solely in an 

advisory capacity to the Secretary of the 

Department of Homeland Security 

(DHS) through the Commandant of the 

Coast Guard and the Director of 

Commercial Regulations and Standards 

on matters relating to personnel in the 

U.S. merchant marine, including but not 

limited to training, qualifications, 

certification, documentation, and fitness 

standards. The Committee will advise, 

consult with, and make 


wreier-aviles on DSK7SPTVN1PROD with NOTICES