[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]
BILLING CODE 4410-10-M
