[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56824-56825]
From the Federal Register Online via the Government Printing 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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