[Federal Register Volume 65, Number 18 (Thursday, January 27, 2000)]
[Notices]
[Pages 4441-4442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1987]


-----------------------------------------------------------------------

DEPARTMENT OF OF JUSTICE

[AAG/A Order No. 190-2000]


Privacy Act of 1974 as Amended by The Computer Matching and 
Privacy Protection Act of 1988; Computer Matching Programs

    This notice is published in the Federal Register in accordance with 
the requirements of the Privacy Act (5 U.S.C. 552a), as amended by the 
Computer Matching and Privacy Protection Act of 1988 (CMPPA) (Public 
Law 100-503) (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 seven State agencies (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\
---------------------------------------------------------------------------

    \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 amend 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 and the District of Columbia 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/District of Columbia 
agency rather than mandatory.
---------------------------------------------------------------------------

    Specifically, the matching activities will permit the following 
eligibility determinations:
    (1) The District of Columbia Department of Employment Services, the 
New York State Department of Labor, the New Jersey Department of Labor, 
the Texas Workforce Commission and the Massachusetts Department of 
Employment and Training will be able to determine eligibility for 
unemployment compensation;
    (2) The California Department of Social Services will be able to 
determine eligibility status for the TANF program and the Food Stamps 
program;
    (3) The California Department of Health Services will be able to 
determine eligibility status for the Medicaid program;
    The Colorado Department of Human Services \2\ will be able to 
determine the eligibility status for the Medicaid, TANF, and Food 
Stamps programs.
---------------------------------------------------------------------------

    \2\ Identified in previous computer matching notices as the 
Colorado Department of Social Services.
---------------------------------------------------------------------------

    Section 121(c) of the Immigration Reform and Control Act (IRCA) of 
1986 amends Section 1137 of the Social Security and other statutes to 
require agencies which administer the Federal entitlement benefits 
programs designated within IRCA as amended, to use the INS 
verifications 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, data of birth, country of birth (not 
nationality), social security number (if available), date of entry, 
immigration status data, and employment eligibility data. In accordance 
with 5 U.S.C. 552(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 (with the 
exception of the matching agreement with Massachusetts Department of 
Employment and Training) was January 29, 1990, for which notice was 
published in the Federal Register on December 28, 1989 (54 FR 53382). 
The original effective date of the Massachusetts matching program was 
February 28, 1990, for which notice was published in the Federal 
Register on January 29, 1990 (55 FR 2890). 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

[[Page 4442]]

programs listed in items (1) through (4) above will expire on March 1, 
2000, except that the agreement with the Massachusetts Department of 
Employment and Training will expire on March 12, 2000. 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 expiration data or after the notification period 
(described below) is satisfied, whichever is later.
    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 
(OMB), and transmitted to Congress along with a copy of the agreements, 
whichever is later.
    The agreements (and matching activities) will continue for a period 
of 18 months from the effective date, unless, within 3 month 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 OMB, and to the Congress together with 
a copy of the agreements.
    Inquiries may be addressed to Kay Brinkmeyer, Program Analyst, 
Management and Planning Staff, Justice Management Division, Department 
of Justice, Washington, DC 20530.

    Dated: January 21, 2000.
Janis A. Sposato,
Deputy Assistant Attorney General, Law and Policy.
[FR Doc. 00-1987; 1-26-00; 8:45 am]
BILLING CODE 4410-CJ-M