[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56824-56825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22728]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; Computer Matching Program
AGENCY: Department of Education.
ACTION: Notice.
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Overview Information: Privacy Act of 1974; Computer Matching
Program between the U.S. Department of Education and the Department of
Homeland Security, U.S. Citizenship and Immigration Services, formerly
the Immigration and Naturalization Service
SUMMARY: This document provides notice of the continuation of a
computer matching program between the Department of Education and the
Department of Homeland Security, U.S. Citizenship and Immigration
Services. The continuation is effective on the date in paragraph 5.
SUPPLEMENTARY INFORMATION: We provide this notice in accordance with
the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the Computer
Matching and Privacy Protection Act of 1988 (Pub. L. 100-503) and the
Computer Matching and Privacy Protections Amendments of 1990 (Pub. L.
101-508) (Privacy Act); Office of Management and Budget (OMB) Final
Guidance Interpreting the Provisions of Public Law 100-503, the
Computer Matching and Privacy Protection Act of 1988, 54 FR 25818 (June
19, 1989); and OMB Circular A-130, Appendix I, 65 FR 77677 (December
12, 2000).
1. Names of Participating Agencies
The U.S. Department of Education (ED) and the U.S. Department of
Homeland Security, Citizenship and Immigration Services (USCIS).
2. Purpose of the Match
The matching program entitled ``Verification Division USCIS/ED''
will permit ED to confirm the immigration status of alien applicants
for, or recipients of, financial assistance under title IV of the
Higher Education Act of 1965, as amended (HEA), as authorized by
section 484(g) of the HEA (20 U.S.C.
[[Page 56825]]
1091(g)). The title IV programs include: The Federal Pell Grant
Program, the Teacher Education Assistance for College and Higher
Education (TEACH) Grant Program, the Iraq and Afghanistan Service Grant
Program, the Federal Perkins Loan Program, the Federal Work-Study
Program, the Federal Supplemental Educational Opportunity Grant
Program, the William D. Ford Federal Direct Loan Program, and the
Gaining Early Awareness and Readiness for Undergraduate Programs.
3. Authority for Conducting the Matching Program
The information contained in the USCIS database is referred to as
the Verification Information System (VIS), which is authorized under
the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-
603. ED seeks access to VIS for the purpose of confirming the
immigration status of applicants for assistance, as authorized by
section 484(g) of the HEA, 20 U.S.C. 1091(g), and consistent with the
title IV student eligibility requirements of section 484(a)(5) of the
HEA, 20 U.S.C. 1091(a)(5). USCIS is authorized to participate in this
immigration status verification under section 103 of the Immigration
and Nationality Act, as amended, 8 U.S.C. 1103.
4. Categories of Records and Individuals Covered
The records to be used in the match and the roles of the matching
participants are: Through the use of user identification codes and
passwords, authorized persons from ED will transmit electronically data
from its Privacy Act system of records entitled, ``Federal Student Aid
Application File (18-11-01)'' to USCIS. The data will include the alien
registration number, the first and last name, date of birth, current
social security number, and gender of the alien applicant for, or
recipient of, title IV, HEA program assistance. This action will
initiate a search for corresponding data elements in a USCIS Privacy
Act system of records entitled ``Verification Information System
Records Notice (DHS-2007-0010).'' Where there is a match of records,
the system will add the following data to the record and return the
file to ED: The primary or secondary verification number, the date of
entry into the U.S., the country of birth, the USCIS status code of the
alien applicant or recipient, and a code indicating that the alien
applicant or recipient was confirmed to be an eligible non-citizen or
that this determination could not be made.
In accordance with 5 U.S.C. 552a(p), ED will not suspend,
terminate, reduce, or make a final denial of any title IV, HEA program
assistance to such individual, or take other adverse action against
such individual, as a result of information produced by such a match,
until (1)(a) ED has independently verified the information; or (b) the
Data Integrity Board of ED determines in accordance with guidance
issued by the Director of the OMB that (i) the information is limited
to identification and amount of benefits paid by ED under a Federal
benefit program; and (ii) there is a high degree of confidence that the
information provided to ED is accurate; (2) the individual receives a
notice from ED containing a statement of its findings and informing the
individual of the opportunity to contest such findings by submitting
documentation demonstrating a satisfactory immigration status within 30
days of receipt of the notice; and (3) 30 days from the date of the
individual's receipt of such notice has expired.
5. Effective Dates of the Matching Program
The matching program will be effective on the latest of the
following three dates: (A) October 18, 2012; (B) 30 days from the date
ED publishes a Computer Matching Notice in the Federal Register as
required by 5 U.S.C. 552a(e)(12); or, (C) 40 days from the date that ED
transmits the report of the matching program, as required by 5 U.S.C.
552a(r), to OMB, the U.S. House Committee on Oversight and Government
Reform, and the U.S. Senate Committee on Homeland Security and
Governmental Affairs, unless OMB waives 10 days of the 40 day review
period for compelling reasons, in which case 30 days from the date of
ED's transmittal of the matching program report.
The matching program will continue for 18 months after the
effective date and may be extended for an additional 12 months
thereafter, if the conditions specified in 5 U.S.C. 552a(o)(2)(D) have
been met.
6. Address for Receipt of Public Comments or Inquires
Individuals wishing to comment on this matching program or obtain
additional information about the program, including requesting a copy
of the computer matching agreement between ED and DHS, may contact Mrs.
Franka Dennis, Management and Program Analyst, U.S. Department of
Education, Federal Student Aid, Union Center Plaza, 830 First Street
NE., Washington DC 20002-5345. Telephone: (202) 377-4067. If you use a
telecommunications device for the deaf (TDD) or a text telephone (TTY),
call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print, audiotape
or compact disc) on request to the contact person listed in the
preceding paragraph.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Authority: 5 U.S.C. 552a; Public Law 100-503.
Delegation of Authority: The Secretary of Education has delegated
authority to James F. Manning, Chief of Staff to perform the functions
and duties of the Chief Operating Officer.
Dated: September 11, 2012.
James F. Manning,
Chief of Staff, Federal Student Aid delegated the authority to perform
the functions and duties of the Chief Operating Officer.
[FR Doc. 2012-22728 Filed 9-13-12; 8:45 am]
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