[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Pages 26717-26719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12936]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0011]


Privacy Act of 1974, as Amended; Computer Matching Program 
(Department of Homeland Security United States Citizenship and 
Immigration Services (DHS/USCIS)-New York Department of Labor (NY-DOL))

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.

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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 New 
York Department of Labor (NY-DOL).

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 (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 7201 
of 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 NY-DOL with 
electronic access to immigration status information contained within 
DHS/USCIS' Verification Information System (VIS). This access will 
enable the NY-DOL to determine whether an applicant is eligible for 
benefits under the Unemployment Compensation (UC) program administered 
by NY-DOL.

D. Authority for Conducting the Matching Program

    NY-DOL 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 New York 
Unemployment Insurance Law Article 18, Title 7, section 590.
    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 non-

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U.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 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

    <bullet> 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).
    <bullet> Data originating from the U.S. Customs and Border 
Protection Treasury Enforcement Communications System (TECS), including 
the following information about the individual: A-Number, 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.).
    <bullet> 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.
    <bullet> 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).
    <bullet> 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.
    <bullet> 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.
    <bullet> Information collected about the employer user (e.g., 
identifying users of the system at the employers), including: Name, 
phone number, fax number, e-mail address, and user ID.
    <bullet> System-generated response information, resulting from the 
E-Verify employment eligibility verification process, including: Case 
verification number; VIS generated response: Employment authorized, 
tentative non-confirmation, 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

[[Page 26719]]

additional verification, which includes why additional verification is 
requested by the employer user.
    <bullet> 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