[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Pages 6028-6029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2168]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary


Privacy Act of 1974; Systems of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of computer matching programs.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended by the 
Computer Matching and Privacy Protection Act of 1988, the Department of 
Homeland Security is giving notice of computer matching programs that 
its component agency, United States Citizenship and Immigration 
Services, will conduct with five state agencies.

DATES: Matching activities under the new agreements will be effective 
March 7, 2005, or 40 days after a report concerning the computer 
matching programs has been transmitted by the Department of Homeland 
Security to the Office of Management and Budget and transmitted to 
Congress with a copy of the agreements, whichever is later.

FOR FURTHER INFORMATION CONTACT: Nuala O'Connor Kelly, Chief Privacy 
Officer, Department of Homeland Security, Washington, DC 20528 by 
telephone (202) 772-9848 or facsimile (202) 772-5036.

SUPPLEMENTARY INFORMATION:

A. Background

    The Privacy Act, as amended by the Computer Matching and Privacy 
Protection Act of 1988, regulates the use of computer matching by 
Federal agencies when records in a system of records are matched with 
other Federal, State, or local government records. The Privacy Act 
requires Federal agencies involved in computer matching programs to:
    (1) Negotiate written agreements with the other agency or agencies 
participating in the matching programs;
    (2) Obtain the approval of the matching agreement(s) by the Data 
Integrity Board of the participating Federal agencies;
    (3) Publish notice of the computer matching program(s) in the 
Federal Register;
    (4) Furnish detailed reports about the matching programs to 
Congress and to the Office of Management and Budget (OMB);
    (5) Notify applicants and beneficiaries that their records are 
subject to matching; and
    (6) Verify match findings before reducing, suspending, terminating, 
or denying an individual's benefits of payments.
    The Department of Homeland Security (DHS) has taken action to 
ensure that these requirements are met by the matching agreements at 
issue in this notice.

B. Legal Authority

    The legal authority for the relevant disclosures in these matching 
operations is contained in Section 21 of the Immigration Reform and 
Control Act (IRCA) of 1986 (Pub. L. 99-603), as amended by the Personal 
Responsibility and Work Opportunity Reconciliation Act (PRWPRA) (Pub. 
L. 104-193). This statute requires United States Citizenship and 
Immigration Services (USCIS) to establish a system for the verification 
of immigration status of alien applicants for, or recipients of, 
certain types of benefits, and to make this system available to state 
agencies which administer such benefits.

C. The Matching Agreements

    The matching agreements at issue in this notice involve information 
obtained from USCIS, which is the source agency. The information will 
be used by 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. Specifically, the matching activities will permit the 
following eligibility determinations:
    (1) The New York Department of Labor, New Jersey Department of 
Labor and Workforce Development, Massachusetts Division of Employment 
and Training, and the Texas Workforce Commission will be able to 
determine eligibility status for unemployment compensation;
    (2) The California Department of Social Services will be able to 
determine eligibility status for the Temporary Assistance for Needy 
Families (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.
    Employing user identification codes and passwords, authorized 
persons from the state agencies listed above may electronically access 
the database of the

[[Page 6029]]

CIS system of records entitled ``Verification Information System, 
Justice/INS 035,'' last published in the Federal Register on October 
17, 2002. This system of records is used to provide immigration status 
information to Federal, State, and local government agencies for 
immigrants and naturalized U.S. citizens applying for public benefits. 
By accessing the USCIS database, these state agencies may obtain an 
alien registration number for the potential applicant or beneficiary 
for public benefits. Where the alien registration number is located, 
the state agency will receive electronically from the USCIS database 
the following data upon which to determine eligibility: The 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. If the state 
agency determines that an alien is not entitled to public benefits, in 
accordance with 5 U.S.C. 552a(p), the state agency 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 ineligibility as established through the computer match.
    DHS has approved agreements to permit these computer matching 
programs for an 18-month period. The matching program may be extended 
for an additional 12 months thereafter, if certain conditions are met. 
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 with a copy of the agreements, 
whichever is later.
    In accordance with 5 U.S.C 552a(o)(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.

    Dated: January 30, 2005.
Nuala O'Connor Kelly,
Chief Privacy Officer.
[FR Doc. 05-2168 Filed 2-3-05; 8:45 am]
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