[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Notices]
[Pages 41079-41080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20063]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 140-97]


Prvacy 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).\1\
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    \1\ Effective July 1, 1997, IRCA was amended by the Personal 
Responsibility and Work Opportunity Reconciliation Act (PRWORA), 
Pub. L. 104-193, 110 Stat. 2168 (1996). The PRWORA amends IRCA by 
replacing the reference to ``Aid to Families with Dependent 
Children'' (AFDC), with a reference to its successor program, 
``Temporary Assistance for Needy Families'' (TANF). As was the case 
with AFDC, states are required to verify through SAVE that an 
applicant or recipient is in an eligible alien status for TANF 
benefits. In addition, Section 840 of the PRWORA makes verification 
for eligibility under the Food Stamps Program voluntary on the part 
of the State agency rather than mandatory.
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    Specifically, the matching activities will permit the following 
eligibility determinations:

[[Page 41080]]

    (1) The District of Columbia Department of Employment Services, the 
New York Department of Labor, the New Jersey Department of Labor, and 
the Texas Workforce Commission will be able to determine eligibility 
for unemployment compensation;
    (2) The California State Department of Social Services will be able 
to determine eligibility status for the TANF program and the Food 
Stamps program;
    (3) The California State Department of Health Services will be able 
to determine eligibility status for the Medicaid Program; and
    (4) The Colorado Department of Human Services \2\ will be able to 
determine the eligibility status for the Medicaid, TANF, and Food 
Stamps Programs.
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    \2\ Identified in previous computer matching notices as the 
Colorado Department of Social Services.
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    Section 121(c) of IRCA amends Section 1137 of the Social Security 
and other statutes to require agencies which administer the Federal 
Benefits 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 database 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 database the alien registration number of the applicant or 
recipient. This action will initiate a search of the INS database for a 
corresponding alien registration number. Where such number is located, 
the agency will receive electronically from the INS database the 
following data upon which to determine eligibility: alien registration 
number, last name, first name, date of 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 
19, 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 (4) above will expire on August 27, 1997. Therefore, with the 
exception of the California Department of Social Services matching 
program for which approval for the full 18-month period is contingent 
upon a favorable cost-benefit showing within 6 months from the 
effective date of the new agreement, the Department's Data Integrity 
Board has approved new agreements to permit the above-named computer 
matching programs to continue for another 18-month period from the 
effective date (described below).
    Matching activities under the new agreements will be effective 30 
days after publication of this computer matching notice in the Federal 
Register, or 40 days after a report concerning the computer matching 
program has been transmitted to the Office of Management and Budget, 
and transmitted to Congress along with a copy of the agreements, 
whichever is later. Except as noted above, the agreements (and matching 
activities) will continue for a period of 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 is being 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, Program Analyst, Information Resources 
Management, Justice Management Division, Information Management and 
Security Staff, Department of Justice, Washington, DC. 20530.

    Dated: July 18, 1997.
Stephen R. Colgate,
Assistant Attorney General for Administration.
[FR Doc. 97-20063 Filed 7-30-97; 8:45 am]
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