24022 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 

Amount of Award: Remainder of 

current budget period February 1, 2009, 

through September 29, 2009; Award is 

$286,458. Final budget period of the 

originally approved five-year project 

period through September 29, 2010; 

Annual Amount $300,000. 

Projected Period: February 1, 2009– 

September 29, 2010. 

SUMMARY: In FY 2005, ORR awarded a 

competitive service grant for the 

Individual Development Account (IDA) 

Program grant to New York Association 

for New Americans, Inc. (NYANA) in 

New York, NY. The original project was 

from September 29, 2005, through 

September 30, 2010. NYANA served as 

the fiscal sponsor and legal entity of the 

approved project. As of February 1, 

2009, NYANA has ceased operations of 

the Individual Development Account 

program. NYANA has requested ORR 

permission for the Center for 

Community Development for New 

Americans (CCDNA) to assume the 

grant. CCDNA has agreed to this request. 

The effect of this deviation request is to 

transfer the grant from the initial grantee 

to a new grantee with all the 

responsibilities of managing and 

implementing the project for the 

remainder of the grant period. 

Contact Information: Ronald Munia, 

Director, Division of Community 

Resettlement, Office of Refugee 

Resettlement, 370 L’Enfant Promenade, 

SW., Washington, DC 20447. Telephone 

(202) 401–4559. E-mail: 

Ronald.munia@acf.hhs.gov. 

Dated: April 30, 2009. 

Ronald Munia, 

Director, Division of Community 

Resettlement, Office of Refugee Resettlement. 

[FR Doc. E9–11961 Filed 5–21–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2009–N–0664] 

Food and Drug Administration Clinical 

Trial Requirements; Public Workshop 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of public workshop. 

SUMMARY: The Food and Drug 

Administration (FDA) Minneapolis 

District, in cosponsorship with the 

Society of Clinical Research Associates, 

Inc. (SoCRA) is announcing a public 

workshop entitled ‘‘FDA Clinical Trial 

Requirements.’’ This 2-day public 

workshop is intended to provide 

information about FDA clinical trial 

requirements to the regulated industry. 

Date and Time: The public workshop 

will be held on Wednesday, June 10, 

2009, from 8:30 a.m. to 5 p.m., and 

Thursday, June 11, 2009, from 8:30 a.m. 

to 5 p.m. 

Location: The public workshop will 

be held at the Radisson University 

Hotel, Suite 600, 615 Washington Ave., 

SE., Minneapolis, MN 55414, 612–379– 

8888 or 1–800–822–6757 or 888–201– 

1718. 

Contact: Carrie Hoffman, Food and 

Drug Administration, 250 Marquette 

Ave., Minneapolis, MN 55401, 612– 

758–7200, FAX: 612–334–4142, e-mail: 

carrie.hoffman@fda.hhs.gov. 

Attendees are responsible for their 

own accommodations. To make 

reservations at the Radisson University 

Hotel, contact the Radisson University 

Hotel (see Location). 

Registration: You are encouraged to 

register by June 9, 2009. The SoCRA 

registration fees cover the cost of 

facilities, materials, and breaks. Seats 

are limited; please submit your 

registration as soon as possible. Course 

space will be filled in order of receipt 

of registration. Those accepted into the 

course will receive confirmation. 

Registration will close after the course is 

filled. Registration at the site is not 

guaranteed but may be possible on a 

space available basis on the day of the 

public workshop beginning at 8 a.m. 

The cost of registration is as follows: 

FDA employee (fee waived), 

Government employee nonmember 

($525), non-Government employee 

SoCRA member ($575), nonGovernment employee non-SoCRA 

member ($650). 

If you need special accommodations 

due to a disability, please contact Carrie 

Hoffman (see Contact) at least 7 days in 

advance of the workshop. 

Registration Instructions: To register, 

please submit a registration form with 

your name, affiliation, mailing address, 

phone, fax number, and e-mail, along 

with a check or money order payable to 

‘‘SoCRA.’’ Mail to: SoCRA, 530 West 

Butler Ave., Suite 109, Chalfont, PA 

18914. To register via the Internet, go to 

http://www.socra.org/html/ 

FDA_Conference.htm. (FDA has verified 

the Web site address, but we are not 

responsible for any subsequent changes 

to the Web site after this document 

publishes in the Federal Register.) 

The registrar will also accept payment 

by major credit cards (VISA/ 

MasterCard/AMEX only). For more 

information on the meeting, or for 

questions on registration, contact 

SoCRA at 800–762–7292 or 215–822– 

8644, FAX: 215–822–8633, or e-mail: 

SoCRAmail@aol.com. 

SUPPLEMENTARY INFORMATION: The 

public workshop helps fulfill the 

Department of Health and Human 

Services’ and FDA’s important mission 

to protect the public health. Topics for 

discussion include the following: (1) 

What FDA Expects in a Pharmaceutical 

Clinical Trial; (2) Adverse Event 

Reporting—Science, Regulation, Error 

and Safety; (3) Part 11 Compliance— 

Electronic Signatures; (4) Informed 

Consent Regulations; (5) IRB 

Regulations and FDA Inspections; (6) 

Keeping Informed and Working 

Together; (7) FDA Conduct of Clinical 

Investigator Inspections; (8) Meetings 

with FDA: Why, When, and How; (9) 

Investigator Initiated Research; (10) 

Medical Device Aspects of Clinical 

Research; (11) Working with FDA’s 

Center for Biologics Evaluation and 

Research; (12) The Inspection is Over— 

What Happens Next? Possible FDA 

Compliance Actions. 

FDA has made education of the drug 

and device manufacturing community a 

high priority to help ensure the quality 

of FDA-regulated drugs and devices. 

The workshop helps to achieve 

objectives set forth in section 406 of the 

FDA Modernization Act of 1997 (21 

U.S.C. 393) which includes working 

closely with stakeholders and 

maximizing the availability and clarity 

of information to stakeholders and the 

public. The workshop also is consistent 

with the Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121), as outreach activities by 

Government agencies to small 

businesses. 

Dated: May 18, 2009. 

Jeffrey Shuren, 

Associate Commissioner for Policy and 

Planning. 

[FR Doc. E9–12051 Filed 5–21–09; 8:45 am] 

BILLING CODE 4160–01–S 

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 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 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: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, 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: 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 EVerify 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 EVerify 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 EVerify. 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. 


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1A 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. 

2An 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. 

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: 

• Fraudulent use of Alien-Numbers 

(A-Numbers) and SSNs by E-Verify 

users; 

• Termination of an employee 

because he receives a tentative nonconfirmation (TNC) 1; 

• Failure of an employer to notify 

DHS, as required by law, when an 

employee who receives a final nonconfirmation (FNC) is not terminated; 

• Verification of existing employees 

(as opposed to new hires); 

• Verification of job applicants, rather 

than new employees (pre-screening); 

• Selectively using E-Verify or SAVE 

for verifications based on foreign 

appearance, race/ethnicity, or 

citizenship status; 

• Failure to post the notice informing 

employees of participation in E-Verify; 

• Failure to use the E-Verify, 

consistently or at all, once registered; 

• Failure of SAVE agency to initiate 

additional verification when necessary; 

• Unauthorized searching and use of 

information by a SAVE agency user; and 

• 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 noncompliant 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 noncompliant behavior. The minimal 

amount of data necessary is only data 

that is directly related to making a 

determination about the alleged noncompliant 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 EVerify 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. 

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 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 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 contractorowned 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: 

• Individual’s name; 

• Verification Subjects birth 

information; 

• Verification Subjects citizenship 

and nationality information; 

• Verification Subjects immigrant/ 

non-immigrant information maintained 

by DHS or Department of State, such as 

arrival and departure information; 

• Verification Subjects identification 

information such Social Security 

Number, A-Number, passport and visa 

information; 

• Verification Subjects contact 

information such as phone numbers, 

e-mail addresses, physical addresses; 

• SAVE and E-Verify user contact 

information such as phone numbers, 

e-mail addresses, physical addresses; 

• Analytic information derived from 

monitoring VIS that may indicate 

further compliance activities are 

warranted (this may include any data 

element contained in VIS); 

• Complaint and lead information 

from VIS redress requests, media 

reports, and call center compliant 

reports; 

• 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 

• 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 


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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. 


erowe on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 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: 

• An explanation of 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, 

• 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 

DEPARTMENT OF HOMELAND 

SECURITY 

United States Immigration and 

Customs Enforcement 

[OMB Control No. 1653–0037] 

Agency Information Collection 

Activities: Extension of an Existing 

Information Collection; Comment 

Request 

ACTION: 60-day notice of information 

collection for review; notice to student 

or exchange visitor. 

The Department of Homeland 

Security, U.S. Immigration and Customs 

Enforcement (USICE), will be submitted 

the following information collection 

request for review and clearance in 

accordance with the Paperwork 

Reduction Act of 1995. The information 

collection is published to obtain 

comments from the public and affected 

agencies. Comments are encouraged and 

will be accepted for sixty days until July 

21, 2009. 

Written comments and suggestions 

regarding items contained in this notice, 

and especially with regard to the 

estimated public burden and associated 

response time, should be directed to the 

Department of Homeland Security 

(DHS), Joseph M. Gerhart, Chief, 

Records Management Branch, U.S. 

Immigration and Customs Enforcement, 

500 12th Street, SW., Room 3138, 

Washington, DC 20024; (202) 732–6337. 

Comments are encouraged and will be 

accepted for sixty days until July 21, 

2009. Written comments and 

suggestions from the public and affected 

agencies concerning the proposed 

collection of information should address 

one or more of the following four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

(2) Evaluate the accuracy of the 

agencies estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Overview of this information 

collection: 

(1) Type of Information Collection: 

Extension of currently approved 

information collection. 

(2) Title of the Form/Collection: 

Notice to Student or Exchange Visitor. 

(3) Agency Form Number, if any, and 

the Applicable Component of the 

Department of Homeland Security 

Sponsoring the Collection: I–515A, U.S. 

Immigration and Customs Enforcement. 

Affected Public Who Will Be Asked or 

Required to Respond, as Well as a Brief 

Abstract: Primary: Individuals or 

Households. When an academic student 

(F–1), vocational student (M–1), 

exchange visitor (J–1), or dependent (F– 

2, M–2 or J–2) is admitted to the United 

States as a nonimmigrant alien under 

section 101(a)(15) of the Immigration 

and Nationality Act (Act), he or she is 

required to have certain documentation. 

If the student or exchange visitor or 

dependent is missing documentation, he 

or she is provided with the Form I– 

515A, Notice to Student or Exchange 

Visitor. The Form I–515A provides a list 

of the documentation the student or 

exchange visitor or dependent will need 

to provide to the Department of 

Homeland Security (DHS), Student and 

Exchange Visitor Program (SEVP) office 

within 30 days of admission. 

(5) An Estimate of the Total Number 

of Respondents and the Amount of Time 

Estimated for an Average Respondent to 

Respond: 8,000 responses at 10 minutes 

(0.1667 hours) per response. 

(6) An Estimate of the Total Public 

Burden (In Hours) Associated with the 

Collection: 1,333.6 annual burden hours 

Requests for a copy of the proposed 

information collection instrument, with 

instructions; or inquiries for additional 

information should be requested via 

e-mail to: forms.ice@dhs.gov with ‘‘ICE 

Form I–515A’’ in the subject line. 


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