[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Pages 24022-24027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11967]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0015]


Privacy Act of 1974; United States Citizenship Immigration 
Services 009 Compliance Tracking and Monitoring System; System of 
Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974 the Department of

[[Page 24023]]

Homeland Security proposes to establish a new Department of Homeland 
Security system of records notice titled, DHS/USCIS--009 Compliance 
Tracing and Monitoring System (CTMS). CTMS collects and uses 
information necessary to support monitoring and compliance activities 
for researching and managing misuse, abuse, discrimination, breach of 
privacy, and fraudulent use of USCIS Verification Division's 
verification programs, the Systematic Alien Verification for 
Entitlements (SAVE) and E-Verify. Additionally, the Department of 
Homeland Security is issuing a Notice of Proposed Rulemaking concurrent 
with this system of records elsewhere in the Federal Register. This 
newly established system will be included in the Department of Homeland 
Security's inventory of records systems.

DATES: Submit comments on or before June 22, 2009. This new system will 
be effective June 22, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0015 by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 703-483-2999.
    <bullet> Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    <bullet> 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.
    <bullet> 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: 
Claire Stapleton (202-358-7777) Verification Division Privacy Branch 
Chief, or Donald K. Hawkins (202-272-1400), Citizenship and Immigration 
Services Privacy Officer, 20 Massachusetts Avenue, NW., Washington, DC 
20529, U.S. Citizenship and Immigration Services, Department of 
Homeland Security, 470 L'Enfant Plaza East, SW., Suite 8204, 
Washington, DC 20529. For privacy issues please contact: Mary Ellen 
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office, U.S. 
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The United States Citizenship and Immigration Services (USCIS) 
Verification Division supports two congressionally mandated programs, 
the Systematic Alien Verification for Entitlements (SAVE) and E-Verify 
programs. E-Verify, formerly known as the Basic Pilot Program, was 
established under the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, Public Law 104-208 section 401, 8 U.S.C. 
1324a note. SAVE was established under the Immigration and Control Act 
of 1986, Public Law 100-360 section 121(c). Congress mandated SAVE to 
provide government agencies with citizenship and immigration status 
information for use in determining an individual's eligibility for 
government benefits. The SAVE program allows Federal, State, and local 
government benefit-granting agencies, as well as licensing bureaus and 
credentialing organizations to confirm the immigration status of non-
citizen applicants, by submitting to SAVE certain information supplied 
by the benefit applicant. Congress mandated E-Verify 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. The E-Verify 
program allows participating employers to verify the employment 
eligibility of all newly hired employees, by submitting to E-Verify 
specific information supplied by the employee.
    The SAVE and E-Verify programs rely on the Verification Information 
System (VIS) as the underlying technical infrastructure as described in 
the Verification Information System SORN, DHS-USCIS-004, December 11, 
2008, 73 FR 75445, and VIS Privacy Impact Assessments. As part of the 
mandate to implement the SAVE and E-Verify programs, Congress imposed 
various legal and operational requirements including requirements to 
insulate and protect the privacy and security of collected information, 
to prevent unauthorized disclosure of personal information, and to have 
safeguards against the system resulting in unlawful discrimination. In 
order to ensure that these requirements are met, the Verification 
Division created the Monitoring and Compliance (M&C) Branch which, as 
one might imagine, will be responsible for two distinct set of tasks: 
monitoring and compliance. M&C will monitor the verification 
transactions within VIS to identify potential cases of misuse, abuse, 
discrimination, breach of privacy, or fraudulent use of SAVE and E-
Verify. When M&C identifies certain defined anomalous activities 
through these monitoring efforts they may take additional compliance 
steps to verify and correct these activities. These activities are 
referred to as noncompliant behaviors.
    The M&C Branch is developing detailed procedures for both 
monitoring the verification transactions in VIS and for performing 
compliance activities on defined non-compliant behaviors. For example, 
one type of behavior is associated with the misuse of SSN. For this 
behavior M&C will identify when a single social security number is used 
multiple times for employment authorization verifications through E-
Verify. It would not be uncommon for a single individual to be verified 
several times through E-Verify as one person may hold multiple jobs or 
change jobs frequently, but it would be unusual for a single individual 
to hold 30 or 40 jobs simultaneously. M&C has developed procedures for 
identifying when a certain threshold number of verifications of a 
single SSN would be likely to indicate some type of misuse. If this 
threshold is met then M&C would conduct certain specific compliance 
activities that may involve collecting or looking at information from 
outside of VIS. This might include contacting or visiting an employer 
to research the issue and determine if there is: a system problem which 
the Verification Division needs to correct; if there is a user 
misunderstanding which requires additional training for the employer, 
or potentially fraudulent activity which may need to be reported to law 
enforcement agency.
    In most cases compliance activities will be undertaken based on 
monitoring defined behaviors in VIS. However, there are some behaviors 
which may not necessarily be indicated by monitoring VIS. For example, 
employers are required to conspicuously post notification of their 
participation in E-Verify to their employees. This notification 
provides the employees with information concerning their rights and 
responsibilities regarding E-Verify, including contact information. 
Obviously there is no information in VIS that would indicate whether an 
employer had actually posted these notices. Compliance activities 
around the non-compliant behavior of failing to post the required 
notices would most likely occur based on a complaint/hotline report or 
during a compliance visit researching another potential behavior. M&C 
might also identify potential non-compliant behaviors from media 
reports or tips for law enforcement agencies.

[[Page 24024]]

    The management of compliance activities and storage of the 
supporting information will be handled by the Compliance Tracking and 
Management System (CTMS). The basic capabilities of CTMS include: 
monitoring and compliance activity tracking, data and document 
collection and storage, incident management tracking and incident 
history searching, reporting, and workflow management.
    CTMS will be developed in increments. Initially, it will be based 
on existing and new consumer-off-the-shelf (COTS) technology products 
required to meet basic capabilities. This includes database and 
analysis technologies that are currently available in the Verification 
Division, and new data storage and business process workflow systems. 
It is anticipated that CTMS will also grow to include additional and 
more sophisticated analytic and information management functionality. 
As the system develops, USCIS will update the SORN and PIA as 
appropriate.
    Initially, CTMS will be used to support a range of monitoring and 
compliance activities, which include researching and documenting the 
following non-compliant agency or employer categories of behaviors:
    <bullet> Fraudulent use of Alien-Numbers (A-Numbers) and SSNs by E-
Verify users;
    <bullet> Termination of an employee because he receives a tentative 
non-confirmation (TNC) \1\;
---------------------------------------------------------------------------

    \1\ A tentative non-confirmation (TNC) occurs when E-Verify is 
unable to match the information provided by the employer with the 
information in DHS records. Employees can choose to contest the TNC 
by contacting either SSA or DHS and following the established 
procedures.
---------------------------------------------------------------------------

    <bullet> Failure of an employer to notify DHS, as required by law, 
when an employee who receives a final non-confirmation (FNC) is not 
terminated;
    <bullet> Verification of existing employees (as opposed to new 
hires);
    <bullet> Verification of job applicants, rather than new employees 
(pre-screening);
    <bullet> Selectively using E-Verify or SAVE for verifications based 
on foreign appearance, race/ethnicity, or citizenship status;
    <bullet> Failure to post the notice informing employees of 
participation in E-Verify;
    <bullet> Failure to use the E-Verify, consistently or at all, once 
registered;
    <bullet> Failure of SAVE agency to initiate additional verification 
when necessary;
    <bullet> Unauthorized searching and use of information by a SAVE 
agency user; and
    <bullet> Fraudulent use of visas, permits, and other DHS documents 
by SAVE users.

Monitoring

    Generally speaking these categories of behaviors, as described more 
fully below, will usually be identified by monitoring the information 
in VIS. They may also be identified based on tips received from 
affected individuals, various law enforcement agencies, or the media. 
They may be the result of a Privacy Act redress request. With regard to 
the behavior of failing to post appropriate notice, it could be 
identified during a compliance visit to an employer for research on 
another potential non-compliant behavior. As noted above, monitoring 
for behaviors is complicated by the fact that not all anomalous 
transactions in VIS will necessarily indicate a non-compliant behavior. 
Thus M&C is establishing thresholds to narrow their research to find 
the most likely cases of non-compliant behaviors. Once M&C has 
established there is likely an occurrence of a non-compliant behavior 
M&C will extract the minimal amount of data necessary to identify 
possible non-compliant behavior. The minimal amount of data necessary 
is only data that is directly related to making a determination about 
the alleged non-compliant behavior. That data is entered into CTMS to 
conduct compliance activities.

Compliance

    Compliance activities are meant to stop misuse, abuse, 
discrimination, breach of privacy, and fraudulent use of SAVE and E-
Verify. These activities could result in a range of outcomes including 
correcting a SAVE or E-Verify system problem, providing additional SAVE 
and E-Verify user training or assistance to ensure correct use of these 
systems, turning off access to SAVE and E-Verify for individual users 
who continue to misuse the systems, or contacting law enforcement 
agencies in the case of suspected illegal activities.
    Once the monitoring analyst determines a behavior meets the 
threshold the compliance analyst may begin researching the behavior. 
The specific research will vary depending on the behavior but generally 
could involve contacting or visiting the SAVE or E-Verify user (a 
government agency or employer respectively), to notify them that they 
may not be in compliance with program requirements. This notification 
will allow the SAVE and E-Verify user to remediate or explain the 
issue. In some cases, if the program user is unable to remediate or 
explain the issue, additional research may be conducted, including 
collecting supporting information from other sources beyond VIS. This 
may include the collection of such information as E-Verify or SAVE 
created documents (such as an E-Verify Tentative Non-Confirmation (TNC) 
letter or referral letters), Forms I-9 and copies of supporting 
documents, employment offer or termination letters, information 
collected during interviews with SAVE and E-Verify users \2\ related to 
program participation.
---------------------------------------------------------------------------

    \2\ An E-Verify user is anyone in a company/agency enrolled with 
E-Verify, who actually uses E-Verify to verify other individuals, or 
others who have a relationship/association with E-Verify such as a 
designated point of contact or Memorandum of Understanding (MOU) 
signatory. Similarly, SAVE users are deemed to be individuals who 
actually use SAVE to verify other individuals, or others who have a 
relationship/association with SAVE. Users do not include individuals 
who have no relationship with SAVE or E-Verify except that they may 
have been verified through these programs.
---------------------------------------------------------------------------

    M&C efforts are focused on misuse of the E-Verify and SAVE program. 
M&C will concentrate compliance operations, such as interviews or 
document requests, directly on the users of these systems--the 
employers or government agencies, rather than on the individuals who 
are verified. M&C would only contact a SAVE or E-Verify subject 
directly when a compliance activity is based on a redress request or 
hotline tip. When appropriate, interviews will be conducted in a 
confidential manner. Information received during interviews and 
complaints will be kept confidential unless required to be released 
based on legal necessity. If a particular behavior is substantiated, 
the Verification Division will take appropriate steps to correct this 
behavior including requiring additional training, restricting access to 
SAVE or E-Verify, or referral to a law enforcement agency for further 
action. Concurrently with the publication of this SORN, the 
Verification Division is publishing a notice of proposed rulemaking to 
pursuant to 5 U.S.C. 552a(k)(2), to exempt CTMS from the following 
provisions of the Privacy Act, subject to the limitations set forth in 
those subsections: 5 U.S.C. 552a(c)(3), (d), (e)(4)(G), and (e)(4)(H).
    Information in CTMS is used to prevent misuse and illegal 
activities. Consequently, this SORN has a routine use for sharing with 
Federal, State, local, and Tribal law enforcement agencies, as well as 
for other standard DHS routine uses.
    Consistent with DHS's information sharing mission, information 
stored in CTMS may be shared with other DHS components, as well as 
appropriate Federal, State, local, Tribal, foreign, or international 
government agencies. This sharing will only take place after DHS 
determines that the receiving component or agency has a need to

[[Page 24025]]

know the information to carry out national security, law enforcement, 
immigration, intelligence, or other functions consistent with the 
routine uses set forth in this system of records notice.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates 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 United States 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. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
Part 5.
    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 in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses to 
their records are put, and to assist individuals to more easily find 
such files within the agency. Below is the description of the USCIS, 
Verification Division, DHS/USCIS--009 Compliance Tracking and 
Monitoring 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

DHS/USCIS-009

System name:
    DHS/USCIS-009 Compliance Tracking and Monitoring System.

Security classification:
    Sensitive but unclassified.

System location:
    Records are maintained at USCIS Headquarters in Washington, DC, in 
USCIS field offices, and at a contractor-owned facility in Meriden, CT. 
The system is accessible in a secure manner to authorized USCIS 
personnel via the Internet.

Categories of individuals covered by the system:
    This system contains information on four categories of individuals, 
any of whom may be either U.S. citizens or non-U.S. citizens. These 
include:
    1. Verification Subjects: Individuals who are the subject of E-
Verify or SAVE verifications and whose employer is subject to 
compliance activities,
    2. E-Verify or Save Program Users: Individuals who use, are 
enrolled users, or have an agency or employment responsibility 
associated with the SAVE or E-Verify programs,
    3. Complainants: Individuals who have contacted the Verification 
Division or publicly reported potential cases of misuse, abuse, 
discrimination, breach of privacy, and fraudulent use of USCIS 
Verification Division's verification programs, the Systematic Alien 
Verification for Entitlements (SAVE) and E-Verify, and
    4. DHS Employees: Verification Division employees or contractors 
who are involved in SAVE and E-Verify monitoring and compliance 
activities.

Categories of records in the system:
    Categories of records in this system include:
    <bullet> Individual's name;
    <bullet> Verification Subjects birth information;
    <bullet> Verification Subjects citizenship and nationality 
information;
    <bullet> Verification Subjects immigrant/non-immigrant information 
maintained by DHS or Department of State, such as arrival and departure 
information;
    <bullet> Verification Subjects identification information such 
Social Security Number, A-Number, passport and visa information;
    <bullet> Verification Subjects contact information such as phone 
numbers, e-mail addresses, physical addresses;
    <bullet> SAVE and E-Verify user contact information such as phone 
numbers, e-mail addresses, physical addresses;
    <bullet> Analytic information derived from monitoring VIS that may 
indicate further compliance activities are warranted (this may include 
any data element contained in VIS);
    <bullet> Complaint and lead information from VIS redress requests, 
media reports, and call center compliant reports;
    <bullet> Information collected during compliance activities 
including, but not limited to: SAVE and E-Verify created documents such 
as TNC, referral or compliance letters, Form I-9 and supporting 
documents, employment offer and termination letters, benefit and 
credential applications and supporting documents, SAVE and E-Verify 
user interviews; and
    <bullet> CTMS user information.

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), Public Law 104-193, 110 Stat. 2168, Title IV, Subtitle A, of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(IIRIRA), Public Law 104-208, 110 Stat. 3009, 18 U.S.C. 3291, and in 
Executive Order 12989, as amended by Executive Order 13465, June 6, 
2008.

Purpose(s):
    The purpose of this system is to analyze, collect, and manage 
information necessary to support monitoring and compliance activities 
for researching and managing misuse, abuse, discrimination, breach of 
privacy, and fraudulent use of USCIS Verification Division's 
verification programs, the Systematic Alien Verification for 
Entitlements (SAVE) and 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 DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3).
    Routine uses include disclosure to:
    A. To the Department of Justice (including United States Attorney 
Offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative 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 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

[[Page 24026]]

    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual 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. The Department 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, or local 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 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 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:
    This is an analytic and data management system that allows for 
retrievability on any data element collected. For example, records may 
be retrieved by a name or other unique identifiers to include: 
verification number, A-Number, I-94 Number, Visa Number, SSN, or by the 
submitting employer or 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 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).

System Manager and address:
    Chief, Verification Division, U.S. Citizenship and Immigration 
Services, 470-490 L'Enfant Plaza East, SW., Suite 8206, Washington, DC 
20529.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. However, USCIS, Verification 
Division will consider individual requests to determine whether or not 
information may be released. Thus, 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 
headquarters or component'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, Department of Homeland Security, 245 Murray 
Lane, SW., Building 410, Mail 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.

[[Page 24027]]

While no specific form is required, you may obtain forms for this 
purpose from the Director, Disclosure and FOIA, http://www.dhs.gov or 
1-866-431-0486. In addition you should provide the following:
    <bullet> An explanation of why you believe the Department would 
have information on you,
    <bullet> Identify which component(s) of the Department you believe 
may have the information about you,
    <bullet> Specify when you believe the records would have been 
created,
    <bullet> Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records,
    <bullet> 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 this bulleted 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 come from several sources including: (1) Information from 
VIS reflecting the monitoring analysis of VIS systems users, 
potentially including any data fields that are allowed for VIS under 
the current VIS SORN, 73 FR 75445; (2) complaints, questions, and tips 
from SAVE and E-Verify users and individuals subject to immigration 
status verification provided by callers to the Verification Call 
Center; (3) information collected on potential cases of misuse, abuse, 
discrimination, breach of privacy, and fraudulent use of Verification 
programs from various media or law enforcement organizations to include 
media leads or external requests; and (4) information collected from 
compliance reviews undertaken by the M&C staff which have been provided 
by the E-Verify employer or SAVE user regarding the compliance review, 
which may include, but is not limited to: Form I-9 and supporting 
documents; benefit or credential applications and supporting documents: 
government documents such as SSNs, visas, DHS and Department of State 
issued benefit documents, and passports; employment offer and 
termination letters; and notes of interviews.

Exemptions claimed for the system:
    The Secretary of Homeland Security plans to claim an exemption for 
this system from 5 U.S.C. 552a (c)(3), (d), (e)(4)(G), and (e)(4)(H) 
pursuant to 5 U.S.C. 552a(k)(2). These exemptions apply only to the 
extent that records in the system are subject to exemption pursuant to 
5 U.S.C. 552a(k)(2).

    Dated: May 15, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E9-11967 Filed 5-21-09; 8:45 am]
BILLING CODE 9111-97-P