[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Notices]
[Pages 53235-53236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18376]



[[Page 53235]]

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DEPARTMENT OF EDUCATION


Privacy Act of 1974; Computer Matching Program

AGENCY: Department of Education.

ACTION: Notice--Computer Matching between the Department of Education 
and the Department of Homeland Security, United States Citizenship and 
Immigration Services, formerly the Immigration and Naturalization 
Service.

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SUMMARY: Pursuant to the 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)) notice is hereby given of the computer matching 
program between the Department of Education (ED) (the recipient 
agency), and the Department of Homeland Security, United States 
Citizenship and Immigration Service (USCIS), (the source agency).
    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, 
and OMB Circular A-130, the following information is provided:
    1. Names of Participating Agencies.
    The U.S. Department of Education and the U.S. Department of 
Homeland Security, 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. 1091(g). The Title IV programs 
include: the Federal Pell Grant Program; the Academic Competitiveness 
Grant Program; the National Science and Mathematics Access to Retain 
Talent Grant Program; the Federal Perkins Loan Program; the Federal 
Work-Study Program; the Federal Supplemental Educational Opportunity 
Grant Program; the Federal Family Education Loan Program; the William 
D. Ford Federal Direct Loan Program; the Leveraging Educational 
Assistance Partnership Program; and the Gaining Early Awareness and 
Readiness for Undergraduate Programs.
    3. Authority for Conducting the Matching Program.
    The information contained in the USCIS data base is referred to as 
the Verification Information System (VIS), and is authorized under the 
Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. 
ED seeks access to the VIS database 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), 20 
U.S.C. 1091(a)(5) of the HEA. 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 described as follows: 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 the answer to 
the question, ``Are you male or female?'' of the alien applicant for, 
or recipient of, Title IV 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, a code indicating whether the student 
was confirmed to be an eligible non-citizen or if a determination could 
not be made, the date of entry into the U.S., country of birth, and the 
USCIS status code of the alien applicant or recipient. In accordance 
with 5 U.S.C. 552a(p), ED will not suspend, terminate, reduce, or make 
a final denial of any Title IV 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 become effective 40 days after a copy of 
the computer matching agreement, as approved by the Data Integrity 
Board of each agency, is sent to Congress and OMB, unless the requested 
ten-day waiver is approved by OMB or unless OMB objects to some or all 
of the agreement, or 30 days after publication of this notice in the 
Federal Register, whichever date is later. 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.
    Ms. Marya 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) 377-3385. If 
you use a telecommunications device for the deaf (TDD), you may call 
the Federal Relay Service at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape or computer 
diskette) on request to the contact person listed in the preceding 
paragraph.

Electronic Access to This Document

    You may 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) on the Internet at the following site: http://www.ed.gov/news/fedregister.
    To use the PDF you must have Adobe Acrobat Reader, which is 
available free at this site. If you have questions about using PDF, 
call the U.S. Government Printing Office (GPO), toll free, at 1-888-
293-6498; or in the Washington, DC, area (202) 512-1530.

    Note: 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 on GPO access at: http://www.gpoaccess.gov/nara/index.html.


    Authority: 5 U.S.C. 552a; Public Law 100-503.


[[Page 53236]]


    Dated: September 13, 2007.
Lawrence A. Warder,
Acting Chief Operating Officer, Federal Student Aid.
[FR Doc. E7-18376 Filed 9-17-07; 8:45 am]
BILLING CODE 4000-01-P