[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Notices]
[Pages 5436-5437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2025]



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DEPARTMENT OF JUSTICE

[AAG/A Order No. 96-94]


Privacy Act of 1974 as Amended by the Computer Matching and 
Privacy Protection Act of 1988

    This notice is published in the Federal Register in accordance with 
the requirements of the Privacy Act, as amended by the Computer 
Matching and Privacy Protection Act of 1988 (CMPPA) (5 U.S.C. 
552a(e)(12). The Immigration and Naturalization Service (INS), 
Department of Justice (the source agency), is participating in computer 
matching programs with the District of Columbia and agencies of five 
states (all designated as recipient agencies). These matching 
activities will permit the recipient agencies to confirm the 
immigration status of alien applicants for, or recipients of, Federal 
benefits assistance under the ``Systematic Alien Verification for 
Entitlements (SAVE)'' program as required by the Immigration Reform and 
Control Act (IRCA) of 1986 (Pub. L. 99-603). Specifically, the matching 
activities will permit the following eligibility determinations:
    (1) The District of Columbia Department of Employment Services; the 
New York Department of Labor; and the Texas Employment Commission will 
be able to determine eligibility status for unemployment compensation.
    (2) The California State Department of Social Services will be able 
to determine eligibility status for the Aid to Families with Dependent 
Children (AFDC) Program, and the Food Stamps Program.
    (3) The Colorado Department of Social Services will be able to 
determine the eligibility status for the Medicaid Program, the AFDC 
Program, and the Food Stamps Program.
    (4) The New Jersey Department of Labor will be able to determine 
eligibility status for unemployment compensation.
    (5) The California State Department of Health Services will be able 
to determine eligibility status for the Medicaid Program.
    Section 121(c) of IRCA amends section 1137 of the Social Security 
Act and requires agencies which administer the Federal benefit programs 
designated within IRCA to use the INS verification system to determine 
eligibility. Accordingly, through the use of user identification codes 
and passwords, authorized persons from these agencies may 
electronically access the data base of an INS system of records 
entitled ``Alien Status Verification Index, Justice/INS-009.'' From its 
automated records system, any agency (named above) participating in 
these matching programs may enter electronically into the INS data base 
the alien registration number of the applicant or recipient. This 
action will initiate a search of the INS data base for a corresponding 
alien registration number. Where such number is located, the agency 
will receive electronically from the INS data base the following data 
upon which to determine eligibility: Alien registration number; last 
name, first name; date of [[Page 5437]] birth; country of birth; social 
security number (if available); date of entry; immigration status data; 
and employment eligibility data. In accordance with 5 U.S.C. 552a(p), 
such agencies will provide the alien applicant with 30 days notice and 
an opportunity to contest any adverse finding before final action is 
taken against that alien because of ineligible immigration status as 
established through the computer match.
    The original effective date of the matching programs was January 
29, 1990, for which notice was published in the Federal Register on 
December 28, 1989 (54 FR 53382). The programs have continued to date 
under the authority of a series of new approvals as required by the 
CMPPA. The CMPPA provides that based upon approval by agency Data 
Integrity Boards of a new computer matching agreement, computer 
matching activities may be conducted for 18 months and, contingent upon 
specific conditions, may be similarly extended by the Board for an 
additional year without the necessity of a new agreement. The most 
recent one-year extension for those programs listed in items (1) 
through (3) above will expire on February 3, 1995, and those listed in 
items (4) and (5) above will expire on February 6, 1995. Therefore, the 
Department's Data Integrity Board has approved new agreements to permit 
the continuation of the above-named computer matching programs for 
another 18-month period from the effective date (described below).
    Matching activities under the new agreements will be effective (1) 
30 days after publication of a computer matching notice in the Federal 
Register, or (2) 40 days after a report concerning the computer 
matching programs has been transmitted to the Office of Management and 
Budget and transmitted to Congress along with a copy of the agreements, 
whichever is later. The agreements (and matching activities) will 
continue for 18 months from the effective date--unless within 3 months 
prior to the expiration of the agreement, the Data Integrity Board 
approves a one-year extension pursuant to 5 U.S.C. 552a(o)(2)(D).
    In accordance with 5 U.S.C. 552a(o)(2)(A) and (r), the required 
report has been provided to the Office of Management and Budget, and to 
the Congress together with a copy of the agreements.
    Inquiries may be addressed to Patricia E. Neely, Staff Assistant, 
Systems Policy Staff, Justice Management Division, Department of 
Justice, Washington, DC 20530 (Room 850, WCTR Bldg.).

    Dated: January 18, 1995.
Stephen R. Colgate,
Assistant Attorney General for Administration.
[FR Doc. 95-2025 Filed 1-26-95; 8:45 am]
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