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Audit Letter Report: INS-L-07-05
Alleged Loss or Theft of Personally Identifiable Information at Pantex
Alleged Loss or Theft of Personally Identifiable Information at Pantex
Under the Immigration Reform and Control Act of 1986, as amended by the Immigration and Nationality Act, all United States (U.S.) employers are required to obtain and retain information concerning each employee's eligibility to work in the U.S. The information to be collected generally consists of the employee's social security number, address, date of birth, and other personally identifiable information sufficient to make an eligibility determination. At the time of employment, the information is to be recorded on Form I-9, Employment Eligibility Verification. Federal law requires that these forms be retained for three years after the date of hire or one year after the employment is terminated, whichever is later. Failure to comply with Federal Law requirements associated with 1-9 forms may result in civil penalties against the employer.
Under the Immigration Reform and Control Act of 1986, as amended by the Immigration and Nationality Act, all United States (U.S.) employers are required to obtain and retain information concerning each employee's eligibility to work in the U.S. The information to be collected generally consists of the employee's social security number, address, date of birth, and other personally identifiable information sufficient to make an eligibility determination. At the time of employment, the information is to be recorded on Form I-9,
Employment Eligibility Verification. Federal law requires that these forms be retained for three years after the date of hire or one year after the employment is terminated, whichever is later. Failure to comply with Federal Law requirements associated with 1-9 forms may result in civil penalties against the employer.
On May 5,2006, U.S. Immigration and Customs Enforcement (ICE), a branch of the
Department of Homeland Security, issued a letter to BWXT Pantex, the management and operating contractor at the Pantex Plant, requiring the production of original 1-9 forms for "all current and non-current employees [at the Pantex Plant] for the past 18 months." On May 30,2006, the OIG received an allegation that BWXT sent over 400 employees home to retrieve copies of personal identification such as birth certificates, driver's licenses, and social security cards because it was discovered that parts of their employment records were "either lost or stolen." The complainant identified the missing records as the employees' 1-9
forms and expressed concern the missing personal information could result in identity theft or the creation of false documentation to gain unauthorized access into the Pantex Plant. The complainant alleged that these records may have been missing since 2004 and that none of the individuals affected had been notified of the loss of his/her personal information.
The OIG initiated this inspection to determine whether: (1) 1-9 forms containing personally identifiable information were lost or stolen; and (2) BWXT Pantex had adequate internal controls for the management and retention of 1-9 forms.
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