Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 26719 

additional verification, which includes 

why additional verification is requested 

by the employer user. 

• Information collected directly from 

individuals who have been the victim of 

identity theft who wish to prevent or 

deter further use of stolen identities in 

E-Verify, including: police reports, 

name, Social Security Number, street 

address, e-mail address, and other 

identity authentication information 

relevant to preventing or deterring 

further use of stolen identities. 

F. Inclusive Dates of the Matching 

Program 

The matching program will become 

effective 30 days after publication of 

this notice in the Federal Register. The 

matching program will continue for 18 

months from the effective date and may 

be extended for an additional 12 months 

thereafter, if certain conditions are met. 

Dated: May 27, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, U.S. Department of 

Homeland Security. 

[FR Doc. E9–12936 Filed 6–2–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0010] 

Privacy Act of 1974, as Amended; 

Computer Matching Program 

(Department of Homeland Security 

United States Citizenship and 

Immigration Services (DHS/USCIS)- 

Massachusetts Division of 

Unemployment Assistance (MA–DUA)) 

AGENCY: United States Citizenship and 

Immigration Services, DHS. 

ACTION: Notice of the renewal of an 

existing computer matching program, 

which is scheduled to expire on July 6, 

2009. 

SUMMARY: In accordance with the 

provisions of the Privacy Act, as 

amended, this notice announces the 

renewal of a computer matching 

program that Department of Homeland 

Security United States Citizenship and 

Immigration Services (DHS/USCIS) is 

currently conducting with MA–DUA. 

DATES: The matching program will 

become effective 30 days after 

publication of this notice in the Federal 

Register. The matching program will 

continue for 18 months from the 

effective date and may be extended for 

an additional 12 months thereafter, if 

certain conditions are met. 

ADDRESSES: Interested parties may 

comment on this notice by either 

telefaxing to (703) 483–2999 or writing 

to the Privacy Office, Department of 

Homeland Security, Washington, DC 

20528. All comments received will be 

available for public inspection at this 

address. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact Donald 

Hawkins (202–272–8000), USCIS 

Privacy Officer, 20 Massachusetts 

Avenue, NW., 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: 

A. General 

The Computer Matching and Privacy 

Protection Act of 1988 (Public Law 

(Pub. L.) 100–503), amended the Privacy 

Act (5 U.S.C. 552a) by describing the 

conditions under which computer 

matching involving the Federal 

government could be performed and 

adding certain protections for 

individuals applying for, and receiving, 

Federal benefits. Section 7201of the 

Omnibus Budget Reconciliation Act of 

1990 (Pub. L. 101–508) further amended 

the Privacy Act regarding protections for 

such individuals. 

The Privacy Act, as amended, 

regulates the use of computer matching 

by Federal agencies when records in a 

system of records are matched with 

other Federal, State, or local government 

records. It requires Federal agencies 

involved in computer matching 

programs to: 

(1) Negotiate written agreements with 

the other agency or agencies 

participating in the matching programs; 

(2) Obtain the approval of the 

matching agreement by the Data 

Integrity Boards (DIB) of the 

participating Federal agencies; 

(3) Publish notice of the computer 

matching program in the Federal 

Register; 

(4) Furnish detailed reports about 

matching programs to Congress and 

OMB; 

(5) Notify applicants and beneficiaries 

that their records are subject to 

matching; and 

(6) Verify match findings before 

reducing, suspending, terminating, or 

denying an individual’s benefits or 

payments. 

B. DHS Computer Matches Subject to 

the Privacy Act 

DHS/USCIS has taken action to 

ensure that all of DHS’s computer 

matching programs comply with the 

requirements of the Privacy Act, as 

amended. 

C. Purpose of the Matching Program 

The purpose of this Agreement is to 

provide the MA–DUA with electronic 

access to immigration status information 

contained within DHS/USCIS’ 

Verification Information System (VIS). 

This access will enable the MA–DUA to 

determine whether an applicant is 

eligible for benefits under the 

Unemployment Compensation (UC) 

program administered by MA–DUA. 

D. Authority for Conducting the 

Matching Program 

MA–DUA seeks access to the 

information contained in the DHS– 

USCIS VIS database to execute its 

obligations under Section 1137 of the 

Social Security Act (42 U.S.C. 1320b– 

7(a), et seq.) and Mass. Gen. Laws 

ch.151A section 25(h). 

USCIS maintains the VIS database 

pursuant to Section 121 of the 

Immigration Reform and Control Act 

(IRCA) of 1986, Public Law 99–603, as 

amended by the Personal Responsibility 

and Work Opportunity Reconciliation 

Act of 1996 (PRWORA), Public Laws 

104–193 Stat. 2168 (1996). These 

statutes require USCIS to make VIS 

available to State agencies which 

administer related benefits. 

E. Categories of Records and 

Individuals Covered by the Matching 

Program 

The USCIS VIS System of Records 

Notice (SORN) details the records and 

individuals relevant to this agreement. 

The VIS SORN can be found at 73 FR 

75445, December 11, 2008. 

Categories of Individuals Covered 

This system contains information on 

individuals, both U.S. citizens and nonU.S. citizens covered by provisions of 

the Immigration and Nationality Act of 

the United States including but not 

limited to individuals who have been 

lawfully admitted to the United States, 

individuals who have been granted U.S. 

citizenship and individuals who have 

applied for other immigration benefits 

pursuant to 8 U.S.C. 1103 et seq. In 

addition, it contains information on 

cohabitants and relatives of subjects of 

SAVE background investigations 

conducted for OPM. This system also 

contains information on individuals, 

both U.S. citizens and non-U.S. citizens, 

whose employers have submitted to the 

E-Verify program their identification 

information. This system also contains 

information on individuals, both U.S. 

citizens and non-U.S. citizens, who 


PWALKER on PROD1PC71 with NOTICES
26720 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 

have been victims of identity theft and 

have chosen to lock their Social 

Security number from further use in the 

E-Verify program. 

Categories of Records Covered 

• Data originating from the USCIS 

Central Index System (CIS), including 

the following information about the 

individual who comes before USCIS: 

Alien Registration Number (A-Number), 

name (last, first, middle), date of birth, 

date entered United States (entry date), 

country of birth, class of admission 

code, File Control Office code, Social 

Security Number, Admission Number 

(I–94 Number), provision of law code 

cited for employment authorization, 

office code where the authorization was 

granted, date employment authorization 

decision issued, date employment 

authorization may begin (start date), 

date employment authorization expires 

(expiration date), and date employment 

authorization was denied (denial date). 

• Data originating from the U.S. 

Customs and Border Protection Treasury 

Enforcement Communications System 

(TECS), including the following 

information about the individual: ANumber, name (last, first, middle), date 

alien’s status was changed (status 

change date), date of birth, class of 

admission code, date admitted until, 

country of citizenship, port of entry, 

date entered United States (entry date), 

departure date, I–94 Number, visa 

number, and transaction link to passport 

photographs contained in TECS. 

• Data originating from the 

Redesigned Naturalization Automated 

Casework System (RNACS). RNACS is a 

database that includes information from 

individuals who have filed applications 

for naturalization, citizenship, or to 

replace naturalization certificates under 

the Immigration and Nationality Act, as 

amended, and/or who have submitted 

fee payments with such applications. 

The naturalization records in the 

RNACS database house information 

from 1986 to 1996. Information that 

identifies individuals named above, e.g., 

name, address, date of birth, and alien 

registration number (A-Number). 

Records in the system may also include 

information such as Date documents 

were filed or received in CIS, Status, 

class of admission codes, and locations 

of record. 

• Data originating from the Computer 

Linked Applications Information 

Management System (CLAIMS 4) 

including the following information 

about the individual: name (first, last), 

date of birth, Social Security Number, 

and naturalization date. 

• Data originating from the USCIS 

Biometric Storage System (BSS), 

including: Receipt number, name (last, 

first, middle), date of birth, country of 

birth, A-Number, form number (for 

example Form I–551, Lawful Permanent 

Resident card, or Form I–766, 

Employment Authorization Document), 

expiration date, and photo. 

• Data originating from the USCIS 

Computer Linked Application 

Information Management System 

(CLAIMS 3), including: Receipt number, 

name (last, first, middle), date of birth, 

country of birth, class of admission 

code, A-Number, I–94 number, date 

entered United States (entry date), and 

‘‘valid-to’’ date. 

• Data originating from the U.S. 

Immigration and Customs Enforcement 

(ICE) Student and Exchange Visitor 

Information System (SEVIS), including: 

SEVIS Identification Number (SEVIS 

ID), name (last, first, middle), date of 

birth, country of birth, class of 

admission code, I–94 number, date 

entered United States (entry date), and 

‘‘valid-to’’ date. 

• Data originating from the Social 

Security Administration (SSA), 

including: Confirmation of employment 

eligibility based on SSA records, 

tentative non-confirmation of 

employment eligibility and the 

underlying justification for this 

decision, and Final non-confirmation of 

employment eligibility. 

• Information collected from the 

benefit applicant by a Federal, State, 

local or other benefit-issuing agency to 

facilitate immigration status verification 

that may include the following about 

the benefit applicant: Receipt Number, 

A-Number, I–94 Number, name (last, 

first, middle), date of birth, user case 

number, DHS document type, DHS 

document expiration date, SEVIS ID and 

visa number. 

• Information collected from the 

benefit-issuing agency about users 

accessing the system to facilitate 

immigration status verification that may 

include the following about the agency: 

Agency name, address, point(s) of 

contact, contact telephone number, fax 

number, e-mail address, type of 

benefit(s) the agency issues (i.e. 

unemployment insurance, educational 

assistance, driver licensing, etc.). 

• Information collected from the 

benefit-issuing agency about the 

individual agency user including: Name 

(last, first, middle), phone number, fax 

number, e-mail address, user ID for 

users within the agency. 

• System-generated response, as a 

result of the SAVE verification process 

including: Case verification number, 

entire record in VIS database as outlined 

above, including all information from 

CIS, SEVIS, TECS, and CLAIMS 3 and 

with the exception of the biometric 

information (photo) from BSS, and 

immigration status (e.g., Lawful 

Permanent Resident). 

• Information collected from the 

employee by the employer user to 

facilitate employment eligibility 

verification may include the following 

about the Individual employee: Receipt 

number, visa number, United States or 

foreign passport number, passport card 

number, A-Number, I–94 Number, name 

(last, first, middle initial, maiden), 

Social Security Number, date of birth, 

date of hire, claimed citizenship status, 

acceptable form I–9 document type, 

acceptable form I–9 Document 

expiration date, and passport, passport 

card, or visa photo. 

• Information collected about the 

employer, including: Company name, 

physical address, employer 

identification number, North American 

Industry Classification System code, 

Federal contracting agency, Federal 

contract identifier, number of 

employees, number of sites, parent 

company or corporate company, name 

of contact(s), phone number, fax 

number, and e-mail address. 

• Information collected about the 

employer user (e.g., identifying users of 

the system at the employers), including: 

Name, phone number, fax number, email address, and user ID. 

• System-generated response 

information, resulting from the E-Verify 

employment eligibility verification 

process, including: Case verification 

number; VIS generated response: 

Employment authorized, tentative nonconfirmation, case in continuance, final 

non-confirmation, employment 

unauthorized, or DHS No Show; 

disposition data from the employer 

includes resolved unauthorized/ 

terminated, self terminated, invalid 

query, employee not terminated, 

resolved authorized, and request 

additional verification, which includes 

why additional verification is requested 

by the employer user. 

• Information collected directly from 

individuals who have been the victim of 

identity theft who wish to prevent or 

deter further use of stolen identities in 

E-Verify, including: Police reports, 

name, Social Security Number, street 

address, e-mail address, and other 

identity authentication information 

relevant to preventing or deterring 

further use of stolen identities. 

F. Inclusive Dates of the Matching 

Program 

The matching program will become 

effective 30 days after publication of 

this notice in the Federal Register. The 

matching program will continue for 18 


PWALKER on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 26721 

1To date, no commercial air carrier has offered 

to test the preferred solution in the proposed rule. 

This third air exit pilot program would 

biometrically and biographically verify the identity 

of each alien subject to US–VISIT biometric 

requirements departing the United States using a 

designated commercial air carrier at designated 

airport(s). 

months from the effective date and may 

be extended for an additional 12 months 

thereafter, if certain conditions are met. 

Dated: May 27, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, U.S. Department of 

Homeland Security. 

[FR Doc. E9–12947 Filed 6–2–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Notice to Aliens Included in the United 

States Visitor and Immigrant Status 

Indicator Technology (US–VISIT) 

Program; Collection of Alien Biometric 

Data upon Exit From the United States 

at Air Ports of Departure 

AGENCY: National Protection and 

Programs Directorate, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: This notice informs the public 

of the implementation of United States 

Visitor and Immigrant Status Indicator 

Technology (US–VISIT) Program exit 

pilot programs at two air ports of entry 

as required by the Consolidated 

Security, Disaster Assistance, and 

Continuing Appropriations Act, 2009. 

The 2009 appropriations act limited the 

Department of Homeland Security’s 

funding until US–VISIT conducts 

certain exit pilots programs and submits 

a report to Congress. This notice also 

announces the location of the exit pilot 

programs and describes the process by 

which the exit pilot programs will be 

evaluated by the Department of 

Homeland Security (DHS). The airport 

locations are Atlanta, Georgia, and 

Detroit, Michigan. 

FOR FURTHER INFORMATION CONTACT: 

Helen deThomas, US–VISIT, 

Department of Homeland Security, 245 

Murray Drive, SW., Washington, DC, 

20020; (202) 298–5200 (not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Homeland 

Security (DHS) established US–VISIT in 

accordance with several congressional 

mandates requiring DHS to create an 

integrated, automated entry-exit system 

that records the arrival and departure of 

aliens, verifies aliens’ identities, and 

authenticates aliens’ travel documents 

through the comparison of biometric 

identifiers. 

On April 24, 2008, DHS published a 

notice of proposed rulemaking (NPRM) 

to establish an exit program at all air 

and sea ports of departure in the United 

States. See 73 FR 22056. The NPRM 

proposed that aliens subject to US– 

VISIT entry requirements would 

provide biometric information to 

commercial air and vessel carriers 

before departing the United States at air 

and sea ports of entry. The commercial 

air and vessel carriers would be 

required to collect and transmit the 

biometric information to DHS. The rule 

would have exempted, at that time, 

certain private and small carriers. 

The Consolidated Security, Disaster 

Assistance, and Continuing 

Appropriations Act, 2009, Public Law 

110–329, 122 Stat. 3574, 3669–70 (Sept. 

30, 2008) (2009 Appropriations Act) 

subsequently provided: 

That no funding under this heading shall 

be obligated for implementation of a final air 

exit solution pursuant to the notice of 

proposed rulemaking (DHS–2008–0039) 

published on April 24, 2008, until the 

Committees on Appropriations of the Senate 

and the House of Representatives receive a 

report on pilot tests of the air exit solution, 

which shall be reviewed by the Government 

Accountability Office, and which shall test at 

least two scenarios: (a) Where the airlines 

collect and transmit biometric exit data as 

proposed in the notice of proposed 

rulemaking and (b) where U.S. Customs and 

Border Protection collects such information 

at the departure gates. 

DHS is conducting an additional pilot 

in which the Transportation Security 

Administration (TSA) collects and 

transmits biometric exit data at an 

airport security checkpoint. The air exit 

pilots are being conducted by CBP at the 

Detroit Metropolitan Wayne County 

Airport (DTW) and by TSA at the 

Hartsfield-Jackson Atlanta International 

Airport (ATL) for a 30–45 day period 

and began on May 28, 2009. 

Pilot 1: CBP at the Departure Gate 

CBP officers are conducting a pilot at 

the departure gate. The purpose of this 

pilot is to evaluate the impact of 

collecting biometric information at or 

near the departure gate from aliens who 

are subject to US–VISIT biometric 

requirements departing the United 

States for foreign destinations. The 

biometric information consists of one or 

more electronic fingerprints captured 

using a mobile or portable device. The 

biographic information includes travel 

document information, such as name, 

date of birth, document issuance type, 

country, and number—all of which are 

contained in the document’s machinereadable zone (MRZ) of a machinereadable travel document (MRTD). CBP 

is following defined processes that 

minimize interference with the air 

carrier boarding process. This pilot will 

capture the cycle time necessary for the 

additional verification and collection of 

this biometric data from international 

travelers. 

Pilot 2: TSA at the Security Checkpoint 

TSA is conducting a pilot at the 

security checkpoint. The purpose of this 

pilot is to evaluate the impact of 

collecting biometric information at the 

TSA security checkpoints from those 

aliens who are subject to US–VISIT 

biometric requirements departing the 

United States for foreign destinations. 

Those travelers with international 

destinations are directed to an area 

within the checkpoint where the 

biographic and biometric information is 

collected. The biometric information 

consists of one or more electronic 

fingerprints captured using a mobile 

device. The biographic information 

includes travel document information, 

such as name, date of birth, document 

issuance type, country, and number—all 

of which are contained in the 

document’s MRZ of the MRTD. This 

pilot will capture the cycle time 

necessary for the additional verification 

and collection of this biometric data 

from international travelers. 

Air Exit Pilots Evaluation 

The goal of the pilots is to provide 

data in support of an evaluation of each 

alternative to inform the final rule, 

supporting an optimal air exit solution. 

The pilots have the following additional 

objectives: 

• Evaluate identity verification and 

exit-recording solutions with existing 

port operations and infrastructure. 

• Record the exit from the United 

States of each alien encountered during 

the exit pilots who is subject to US– 

VISIT biometric requirements at the 

designated airports. 

• Update the individual records of 

each alien encountered during the exit 

pilots who is subject to US–VISIT 

biometric requirements in the 

Automated Biometric Identification 

System (IDENT) and the Arrival and 

Departure Information System (ADIS) 

with departure encounter information. 

DHS began collecting biographic and 

biometric data at the two exit pilot 

program locations identified herein on 

May 28, 2009. A third exit pilot program 

location to test the air carrier NPRM 

preferred solution will be determined at 

a later date.1 DHS will evaluate the exit 


PWALKER on PROD1PC71 with NOTICES