[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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