[Federal Register Volume 67, Number 143 (Thursday, July 25, 2002)]
[Notices]
[Pages 48671-48672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18794]


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

DEPARTMENT OF JUSTICE

[AAG/A Order No. 277-2002]


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, (5 U.S.C. 552a), as amended by the 
Computer Matching and Privacy Protection Act of 1988 (CMPPA) (Pub. L. 
100-503) (5 U.S.C. 552a(e)(12)). The Immigration and Naturalization 
Service

[[Page 48672]]

(INS), Department of Justice (the source agency), is participating in 
computer matching programs with the District of Columbia and the State 
agencies listed below (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), 
Pubic Law 104-193, 110 Stat. 2168 (1996). The PRWORA amended 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, New 
York State Department of Labor, New Jersey Department of Labor, Texas 
Workforce Commission, and 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 of aliens applying for or receiving 
benefits under the TANF (``Temporary Assistance for Needy Families'') 
program, and upon the submission of favorable cost-benefit data to the 
Department of Justice (DOJ) Data Integrity Board, will also be able to 
determine eligibility status of non-TANF Food Stamp applicants and 
recipients;
    (3) The California Department of Health Services will be able to 
determine eligibility status for the Medicaid program; and
    (4) The Colorado Department of Human Services will be able to 
determine the eligibility status for the Medicaid, TANF, and the Food 
Stamps programs.
    Section 121(c) of IRCA amends Section 1137 of the Social Security 
and other statutes to require agencies which administer the Federal 
entitlement benefit programs designated within IRCA as amended, 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 (not nationality), 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 (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 1-year extension for those programs listed in items (1) through 
(4) above will expire on August 31, 2002, except that the agreement 
with the Massachusetts Department of Employment and Training will 
expire on September 12, 2002. The DOJ'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 
date 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 
programs 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 months prior to 
the expiration of the agreement, the Data Integrity Board approves a 1-
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 OMB, and to the Congress together with 
a copy of the agreements.
    Inquiries may be addressed to Kathleen M. Riddle, Procurement 
Analyst, Management and Planning Staff, Justice Management Division, 
Department of Justice, Washington, DC 20530.

    Dated: July 19, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
[FR Doc. 02-18794 Filed 7-24-02; 8:45 am]
BILLING CODE 4410-10-P