95-2025. Privacy Act of 1974 as Amended by the Computer Matching and Privacy Protection Act of 1988  

  • [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]
    BILLING CODE 4410-10-M
    
    

Document Information

Published:
01/27/1995
Department:
Justice Department
Entry Type:
Notice
Document Number:
95-2025
Pages:
5436-5437 (2 pages)
Docket Numbers:
AAG/A Order No. 96-94
PDF File:
95-2025.pdf