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MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, AND OFFICE OF THE ARIZONA SECRETARY OF STATE I. PARTIES. The parties to this Memorandum of Agreement (MOA) are the Department of Homeland Security, U.S. Citizenship and Immigration Services (DHS-USCIS), and the Office of the Arizona Secretary of State (ASOS) (User Agency). User agency includes Arizona local officials responsible for registering voters. The SAVE Program allows federal, state and local government benefit-granting agencies, licensing bureaus, and other agencies authorized by law to confirm the citizenship and immigration status of noncitizen and certain citizen applicants requesting benefits or entitlements. II. AUTHORITY. The authorities governing this MOA include, but are not limited to, the following: Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105, as amended. Immigration Reform and Control Act of 1986, Pub. L. No. 99-603. 100 Stat. 3359, as amended. Section 642 of Div. C, Title VI of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1373). Privacy Act, 5 U.S.C. § 552a, as amended. National Voter Registration Act of 1993, 52 U.S.C. § 20501, et seq., as amended. Help America Vote Act, 52 U.S.C. § 20901, et seq., as amended. Inter-Governmental Cooperation Act, 31 U.S.C. § 6501, et. seq. as amended Ariz. Rev Stat. Ann. § 16-101 A. 1., as amended. Ariz. Rev Stat. Ann. § 16-166 F. 4., as amended. 1 Rev Vet. 1013/18 III. PURPOSE. The purpose of this MOA is to establish the terms and conditions governing the participation of the User Agency in the DHS-USCIS Systematic Alien Verification for Entitlements (SAVE) Program for the purpose of verifying citizenship and immigration status information of non-citizen and naturalized or derived U.S. citizen registrants (registrants) when they register to vote (benefit). The ASOS will administer access to SAVE by Arizona County Recorders, but does not have authority under this MOA to submit verification requests itself. Nevertheless, the ASOS will have a SAVE user account to allow it to provide access to local officials responsible for registering voters. The ASOS will reimburse the SAVE Program for the verification services of certain County Recorders that have a low query volume. The remaining County Recorders must enter into an RMOA with DHS-USCIS establishing the terms and conditions for payment for their verification services. Pursuant to the requirements of OMB Circular A-97, which establishes the President's guidelines for implementing the Intergovernmental Cooperation Act, 31 U.S.C. Section 6501, et. seq., as amended, the User Agency certifies that it cannot procure the citizenship and immigration status verification services requested pursuant to this MOA reasonably and expeditiously through ordinary business channels. The limited data will be provided to the User Agency by an: (1) Initial response (initial verification) by SAVE to an on-line inquiry by the User Agency; and (2) Additional verification procedures where applicable; or (3) A response to a properly submitted Form G-845 when required by SAVE. IV. RESPONSIBILITIES. A. DHS-USCIS agrees to: (1) Maintain and make available to the User Agency in limited part and manner determined by DHS-USCIS after consultation with the User Agency, an immigration and naturalized or derived citizenship status information verification system under the SAVE Program known as the Verification Information System (VIS). (2) Respond through VIS to properly submitted verification requests from the User Agency by providing the limited information noted in point (1) of PURPOSE immediately above; (3) Process and respond to properly submitted additional verification requests submitted by the User Agency through VIS or on Form G-845. Response time may vary, 2 Rev. Ver. 10/3/18 depending on DHS-USCIS workload, resources available to process additional verification requests, and the registrant's specific circumstances; (4) Provide to the User Agency operating instructions necessary to use VIS so that the User Agency can designate Users within the agency; (5) Provide to the User Agency SAVE Program point of contact information for questions or problems regarding the User Agency's participation in SAVE; (6) Provide, as necessary, access to training and information regarding the laws, policies, and procedures that govern verifying, safeguarding, using, maintaining, and disclosing certain citizenship and immigration status information; (7) Provide the User Agency access to Form G-845, and other forms and/or supplements as appropriate, which may be reproduced and/or computer generated without prior DHS- USCIS approval; (8) Recover no more than its actual costs. The total estimated cost of the agreement is specified on the attached USCIS Anticipated Collections from Non-Federal Sources Addendum. The User Agency certifies that it has obligated at least the amount specified on the USCIS Anticipated Collections from Non-Federal Sources Addendum to pay for its SAVE usage. DHS-USCIS shall notify the User Agency's designated Point of Contact (POC) in writing when the amount paid plus what is owed for unpaid usage equals 80 percent of the estimated total costs. DHS-USCIS will not provide services that would result in the amount paid plus the amount owed for unpaid usage exceeding the amount specified on the USC1S Anticipated Collections from Non-Federal Sources Addendum. In this instance, DHS-USC1S will be excused from further performance of the work unless and until the User Agency's authorized official increases estimated total cost of this agreement by modification pursuant to provision VIII of this MOA; (9) Submit invoices to the User Agency's payment office at the address specified on the USC1S Anticipated Collections from Non-Federal Sources Addendum, with a copy furnished to the POC. DHS-USCIS may submit invoices when the work is completed or as otherwise authorized. The High Level Identifier, tax identification number, and associated dollar amounts will be referenced on all invoices; and • (10) Promptly initiate year-end and closeout adjustments once final costs are known. (11) Enter into a Reimbursement MOA (RMOA) establishing the terms and conditions for payment to the SAVE Program for verification services with each County Recorder that ASOS authorizes for access to the SAVE system. No County Recorder can be authorized access to the SAVE system until they have executed an RMOA with DHS- USC1S. Refer to the RMOA for reimbursement terms and conditions. 3 Rev. Ver. 10/3/18 B. User Agency agrees to: (1) System Use. (a) Provide to the SAVE Program the information the SAVE Program requires to respond to User Agency requests for verification of immigration or naturalized or derived citizenship status information (i.e., Alien Registration, Naturalization Certificate or Certificate of Citizenship number); (b) Ensure that, prior to using VIS, all Users performing verification procedures complete SAVE required training including: reading the SAVE Program Guide, taking the latest version of Web tutorial(s) and maintaining a working knowledge of requirements contained therein and in this MOA as updated; (c) Ensure that User Agency representatives are provided with and maintain User Ids only while they have a need to perform verification procedures; (d) Ensure all Users performing verification procedures comply with all requirements contained in the SAVE Program Guide, SAVE Voter Registration Fact Sheet, web-based tutorial, and this MOA, and updates to these requirements; (e) Ensure that all Users performing verification procedures have contact information for the SAVE Program and SAVE Monitoring and Compliance; (f) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the registrant requests after the User Agency initiates a request for verification. For voter registration verification, User agency must institute additional verification for any registrant that does not verify as a naturalized or derived citizen on initial verification, including in all cases where the User Agency receives any SAVE response other than that of naturalized or derived citizen. If SAVE does not verify the registrant as a naturalized or derived citizen after conducting the second step additional verification, the User Agency must contact the registrant to obtain proof of citizenship in accordance with the provisions of this MOA; (g) Use any information provided by DHS-USC1S under this MOA solely for the purpose of determining the eligibility of persons applying for the benefit issued by the User Agency and limit use of such information in accordance with this and all other provisions of this MOA; (h) Comply with the requirements of the Federal Information Security Management Act (FISMA (PL-107-347), Title III, Section 301) and OMB guidance as applicable to electronic storage, transport of records between agencies, and the internal processing of records received by either agency under the terms of this MOA; (i) Safeguard such information and access methods to ensure that it is not used for any other purpose than described in this MOA and protect its confidentiality, including 4 Rev. Ver. 10/3/18 ensuring that it is not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS; 1 (j) Comply with the Privacy Act, 5 U.S.C. § 552a, and other applicable laws, regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in conducting verification procedures pursuant to this MOA, and in safeguarding, maintaining, and disclosing any data provided or received pursuant to the MOA. Information shared as a result of this MOA shall be considered DHS information. Responses to third party requests for such information should be consistent with federal law, including but not limited to the provisions of the Freedom of Information Act, 5 U.S.C. § 552; (k) Comply with federal laws prohibiting discrimination against registrants and discriminatory use of the SAVE Program based upon the national origin, color, race, gender, religion, or disability of the registrant, including but not limited to the National Voter Registration Act, 52 U.S.C. § 20501, et seq., as amended, the Help America Vote Act, 52 U.S.C. § 20901, et seq., as amended, the Voting Rights Act, 52 U.S.C. § 10301, et seq., as amended, and the Civil Rights Act of 1960, 52 U.S.C. §§ 10101, et seq., as amended; (I) Provide all registrants who do not verify as a citizen under the terms of the MOA with adequate written notice that their citizenship could not be verified and the information necessary to contact DHS-USCIS (see attachment 1: Fact Sheet "Information for Registrants", which is subject to revision and reposting on the SAVE Website and Online Resources) so that such individuals may obtain a copy of their Naturalization Certificate or Certificate of Citizenship, or correct their records in a timely manner, if necessary; (m) Provide all registrants who are not verified as citizens based solely or in part on the SAVE response with the opportunity to use the User Agency's existing process to appeal the denial and to contact DHS-USCIS to correct their records prior to a final decision, if necessary; and (n) Refrain from using SAVE, or assisting any person or entity, to comply with the employment eligibility verification requirements of section 274A of the Immigration and Nationality Act, 8 U.S.C. § 1324a. (2) Monitoring and Compliance. (a) Provide the SAVE Program and SAVE Monitoring and Compliance with the current e-mail, U.S postal service address, physical address, name and telephone number of the User Agency authorized representative for any notifications, questions or problems that I Each registrant seeking access to information regarding himself7herself may do so by submitting a written signed request to DHS-USCIS. Instructions for submitting such requests may be found on the Freedom of Information/Privacy Act page of www.uscis.gov . 5 Rev. Ver. 1013/18 may arise in connection with the User Agency's participation in SAVE and with notification of any changes in the benefit offered by the User Agency; (b) Notify the SAVE Program and SAVE Monitoring and Compliance immediately whenever there is reason to believe a violation of this MOA has occurred; (c) Notify the SAVE Program and SAVE Monitoring and Compliance immediately whenever there is reason to believe an information breach has occurred as a result of User Agency action or inaction pursuant to Office of Management and Budget (OMB) Memorandum M-17-12, "Preparing for and Responding to a Breach of Personally Identifiable Information" or successor guidance; (d) Allow SAVE Monitoring and Compliance to monitor and review all records and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by the User Agency, including, but not limited to original registrant consent documents required by the Privacy Act, 5 U.S.C. § 552a or other applicable authority; (e) Allow SAVE Monitoring and Compliance to conduct desk audits and/or site visits to review User Agency's compliance with this MOA and all other SAVE-related policy, procedures, guidance and law applicable to conducting verification and safeguarding, maintaining, and disclosing any data provided or received pursuant to this MOA; (f) Allow SAVE Monitoring and Compliance to perform audits of User Agency's User Ids use and access, SAVE Training Records, SAVE financial records, SAVE biographical information, system profiles and usage patterns and other relevant data; (g) Allow SAVE Monitoring and Compliance to interview any and all User Agency SAVE system users and any and all contact persons or other personnel within the User Agency regarding any and all questions or problems which may arise in connection with the User Agency's participation in SAVE; (h) Allow SAVE Monitoring and Compliance to monitor system access and usage and to assist SAVE users as necessary to ensure compliance with the terms of this MOA and the SAVE Program requirements by its authorized agents or designees; and (i) Take corrective measures in a timely manner to address all lawful requirements and recommendations on every written finding including but not limited to those of SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or any misuse of the system, non-compliance with the terms, conditions and safeguards of this MOA, SAVE Program procedures or other applicable law, regulation or policy. (3) Reimbursement. (a) Pay the transaction prices provided in the attached current standard billing rates, which along with methods of payment are subject to change upon prior written notification to the User Agency. Each year, the User Agency will obligate funds 6 Rev. Ver. 10/3/18 sufficient to reimburse DHS-USCIS under a current appropriation upon execution of the attached USCIS Anticipated Collections from Non-Federal Sources Addendum; (b) Pay in full within 30 days of the invoice date. The User Agency will pay any applicable sales, use, excise, and like taxes, where required by law, that are stated on each invoice. Regardless of payment type, the User Agency will clearly indicate the High Level Identifier with remittance; (c) If the User Agency pre-pays for its usage, it shall submit the entire committed amount before being allowed access to VIS; and (d) Promptly discuss and resolve issues and questions with DHS-USCIS regarding payments. Delinquent payments shall be handled in accordance with the Debt Collection and Improvement Act of 1996, 31 U.S.C. § 3701. Interest on all unpaid balances shall be charged at the rate of the current value of funds to the United States Treasury effective on the date of the invoice. The rate is the Treasury tax and loan rate. It is published annually or quarterly by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Handling charges will accrue at monthly rates of $5.00 for each of the first two months of delinquency and $10.00 for each month thereafter. In addition to interest and handling charges, if DHS-USCIS does not receive payment within 90 days of the invoice, 6% per annum additional interest will be assessed. Charges will be computed from the date of the invoice and will accrue monthly with the applicable interest and handling charges. In the case of any late payment, the amount received will be applied in this sequence: (1) to any accrued penalty and handling charges: (2) to any accrued interest; and (3) to outstanding principal. Failure to make timely payment may result in termination of services. (e) Ensure that each County Recorder that will reimburse SAVE directly enters into an RMOA establishing the terms and conditions for payment to the DiIS-USCIS for verification services before the ASOS provides access to the SAVE system to the County Recorder. Refer to the RMOA for reimbursement terms and conditions for the counties. V. POINTS OF CONTACT. USC1S SAVE Program MS 2620, U.S. Citizenship and Immigration Services, Department of Homeland Security, Washington, DC 20529-2620, (888) 464-4218, Attn: SAVE Operations. E-mail: SAVEregistration@dhs.gov. USCIS SAVE Monitoring and Compliance MS 2640, U.S. Citizenship and Immigration Services, Department of Homeland Security, Washington, DC 20529-2640, (888) 464-4218. E-mail: SAVE.monitoring@dhs.gov. USER AGENCY- Janine Petty, Office of the Arizona Secretary of State, 1700 West Washington St, 7th Floor, Phoenix AZ 85007. (602) 542-6209. E-mail: jpetty@azsos.gov. 7 Rev Ver. 10/3/18 VI. OTHER PROVISIONS. (A) MOA Responsibilities. Only authorized employees, agents, or designees of DHS- USCIS and the User Agency will carry out the requirements of this MOA. In carrying out these responsibilities, they will operate within the scope of applicable regulations, specifically delegated authorities, the program authorities and funding limitations and terms and conditions of this MOA. ASOS acknowledges and agrees that it will require all Arizona local officials to comply with the terms and conditions set forth in this MOA when accessing and using citizenship or immigration status data obtained through the SAVE Program. (B) Determining Benefit Eligibility. This MOA is limited to the provision of verification services. DHS-USCIS will verify limited citizenship and immigration status information, but will not recommend to the User Agency whether to issue the benefit. The DHS- USCIS response is not intended to be, and should not be construed as, an opinion on the part of DHS-USCIS or the United States regarding any right or benefit under any program administered by the User Agency. The User Agency has the responsibility to determine the registrant's eligibility for the benefit. (C) Criminal Penalties. (1) DHS-USCIS reserves the right to use information from the User Agency for any purpose permitted by law, including, but not limited to, the prosecution of violations of Federal administrative or criminal law. (2) The User Agency acknowledges that the information it receives from DHS-USCIS is governed by the Privacy Act, 5 U.S.C. § 552a(i), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOA may be subject to criminal penalties. (D) Third Party Liability. (1) Each party to this MOA shall be solely responsible for its own defense against any claim or action by third parties arising out of or related to the execution and/or performance of this MOA, whether civil or criminal, and retain responsibility for the payment of any corresponding liability. (2) Nothing in this MOA is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees or the User Agency. (E) Disputes. Disagreements on the interpretation of the provisions of this MOA that cannot be resolved between the DHS-USCIS program office and the User Agency point of contact should be provided in writing to the authorized officials at both agencies for resolution. If settlement cannot be reached at this level, the disagreement will be elevated to the next level in accordance with DHS-USC1S procedures for final resolution. 8 Rev. Ver. 10/3118 (F) Conflicts. This MOA, its attachments and addenda constitute the full MOA on this subject between DHS-USC1S and the User Agency. Any inconsistency or conflict between or among the provisions of this MOA will be resolved in the following order of precedence: (1) this MOA and (2) other documents incorporated by reference in this MOA, i.e., RMOA, the USC1S Anticipated Collections from Non-Federal Sources Addendum and standard billing rates. (G) Severability. Nothing in this MOA is intended to conflict with current law or regulation or the directives of DHS, DHS-USCIS, or the User Agency. If a term of this MOA is inconsistent with such authority, then that term shall be invalid but, to the extent allowable, the remaining terms and conditions of this MOA shall remain in full force and effect. In the event of a conflict that prevents either party from fulfilling its obligations, this MOA may be immediately canceled without providing the 30 day notice period referenced in Section IX. (H) Assignment. The User Agency may not assign this MOA, nor may it assign any of its rights or obligations under this MOA. To the extent allowable by law, this MOA shall inure to the benefit of, and be binding upon, any successors to DHS-USCIS and the User Agency without restriction. (I) Waiver. No waiver by either party of any breach of any provision of this MOA shall constitute a waiver of any other breach. Failure of either party to enforce at any time, or from time to time, any provision of this MOA shall not be construed to be a waiver thereof. (J) Compliance with Other Laws. Nothing in this MOA is intended or should be construed to limit or affect the duties, responsibilities, and rights of the User Agency under the National Voter Registration Act, 52 U.S.C. § 20501, et seq., as amended, the Help America Vote Act, 52 U.S.C. § 20901, et seq., as amended, the Voting Rights Act, 52 U.S.C. § 10301, et seq., as amended, and the Civil Rights Act, 52 U.S.C. § 10101, et seq., as amended. VII. EFFECTIVE DATE. This MOA shall be effective when the DHS-USC1S authorized official and User Agency authorized official have both signed the MOA. This MOA shall continue in effect unless modified or terminated in accordance with the provisions of this MOA. VIII. MODIFICATION. (A) This MOA is subject to periodic review by DHS-USCIS, its authorized agents or designees, and, if necessary, periodic modification and/or renewal to assure compliance with current law, policy, and standard operating procedure(s). This MOA, the RMOA, the attached USCIS Anticipated Collections from Non-Federal Sources Addendum and their attachments and addenda constitute the complete MOA between the parties for its stated purpose, and no modification or addition will be valid unless entered into by 9 Rev. Ver. 1013/18 mutual consent of both parties evidenced in writing and signed by both parties and appended to this agreement; and (B) Either party may accomplish a unilateral administrative modification to change POC information. A written bilateral modification (i.e., agreed to and signed by authorized officials of both parties) is required to change any other term of this MOA. IX. TERMINATION. Either party may terminate this MOA at any time by providing 30 days written notice of intent. DHS-USCIS, when feasible. will consult with the User Agency and attempt to reconcile issues before terminating this MOA. Notwithstanding any other provision in the MOA, DHS-USCIS may suspend or terminate this MOA without prior notice if deemed necessary because of a requirement of law or policy, upon a determination by DHS-USOS that there has been a breach of system integrity or security by the User Agency or a failure by the User Agency to comply with established procedures or legal requirements, including but not limited to failure to pay. Written notices shall be sent to the addresses of the POCs listed herein and shall be effective upon receipt. Either party may change its POC by written notice to the other party. The foregoing, in conjunction with the referenced and incorporated attachments and addenda, constitutes the full agreement on this subject between DHS-USCIS and the User Agency. This MOA supersedes all previous agreements governing the provision of verification services. Those agreements are explicitly acknowledged to be null and void. The undersigned represent that they are authorized to enter into this MOA on behalf of DHS-USCIS and the User Agency, respectively. Joh/Ithon Mills ting Chief, SAVE Program U.S. Citizenship and Immigration Services Department of Homeland Security 1/0/31/20 Date Date 10 Rev, Ver. 10/3/18 U.S. Department of Homeland Security US. Citizenship and Immigration Services Verification Division Washington, DC 20024 U.S. Citizenship and Immigration Services Information for Registrants: Verification of Citizenship Status and How to Obtain Your Document or Correct Your Record with USCIS Many federal, state and local agencies verify the immigration or citizenship status of benefit applicants to ensure that only qualified aliens or naturalized and derived citizens receive benefits. These agencies verify immigration or citizenship status by using the Systematic Alien Verification for Entitlements (SAVE) Program of the U.S. Department of Homeland Security, U.S. Citizenship and immigration Services (USCIS). The voter registration agency in your state has submitted information to the SAVE Program for verification of your citizenship. Because USCIS cannot confirm your citizenship status based upon information provided by the agency, you must be given an opportunity by the voter registration agency to provide the correct documentation or correct your records with USCIS and/or appeal the denial of your voter registration. Please note that there are a number of reasons why the USCIS may not be able to verify your citizenship, e.g., USC1S cannot confirm your naturalization record because the record is still in process. The inability of USC1S to verify your citizenship does not necessarily mean that you are not a citizen of the United States and are ineligible to vote. If you need a replacement of your Naturalization Certificate or Certificate of Citizenship or believe that the USCIS response to the voter registration agency did not provide accurate information about your citizenship status and you need to make corrections to your citizenship record, please contact USCIS by using one of the following methods: I. File a Form N-565 to obtain a replacement of your Naturalization Certificate or Certificate of Citizenship. The Form N-565 and instructions for filing can be found at: jittp://www.useis.gov/files/formin-565.pdt and http://www.uscis.gov/files/formin-565instr.pdf 2. Schedule an appointment for an in-person interview at a local USCIS office to correct your record. You may schedule an appointment at a local USC1S office at the InfoPass website. http://infopass.uscissov , or by calling the National Customer Service Center, 1-800-375-5283. Scheduling an appointment is the fastest way to correct your records. We recommend that you bring to your appointment this Fact Sheet, documentation evidencing your citizenship status, and any information provided by the voter registration agency concerning why your citizenship status could not be verified. 3. Submit a request in writing to correct your record. If you know the information that needs to be corrected in your record, you may submit a request to correct your records to the Freedom of Information Act/Privacy Act (FOIA/PA) Office at the following address: Rev. Ver. 10/3/2018 Privacy Act Amendment U.S. Citizenship and Immigration Services National Records Center FOIA/PA Office P.O. Box 648010 Lee's Summit, MO 64064-8010 We recommend that you include the following information in your submission, if available: • State that you are being denied voter benefits • Copies of your immigration or DHS citizenship documents • Information that is inaccurate • Reason it is inaccurate • Proposed change(s) to the record • A-File number and/or the full name • Date and place of birth • Notarized signature of the registrant • A return address • Other information to assist locating the record If you do not know the information you need to correct, you may submit a written request to obtain your records by submitting Form G-639, FOIA/PA Request. This form is available from the nearest USCIS office or online at http://www.uscisx_ov/files/form/9-639,,pdf. . You should use the address specified above, but mark the envelope "Privacy Act Request" rather than "Privacy Act Amendment." Rev. Ver. 10/3/2018