[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Notices]
[Page 26719-26721]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn09-92]
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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.
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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 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 non-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
[[Page 26720]]
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: 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.
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, e-mail 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 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 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
[[Page 26721]]
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