Privacy Act of 1974; Computer Matching Program: Notice-- computer matching between the Department of Education and the Department of Homeland Security, Citizenship and Immigration Services, formerly the Immigration and Naturalization Service [FSA]

FR Doc 05-5233
[Federal Register: March 16, 2005 (Volume 70, Number 50)]
[Notices]               
[Page 12856-12857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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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, Citizenship and Immigration 
Services, formerly the Immigration and Naturalization Service.

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SUMMARY: Pursuant to the Computer Matching and Privacy Protection Act 
of 1988, Public Law 100-503, and the Office of Management and Budget 
(OMB) Guidelines on the Conduct of Matching Programs, a notice is 
hereby given of the computer matching program between the Department of 
Education (ED) (the recipient agency), and the Department of Homeland 
Security, Citizenship and Immigration Service (CIS), (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, CIS.
    2. Purpose of the Match. The matching program entitled ``Systematic 
Alien Verification for Entitlement (SAVE) CIS/ED'' will permit ED to 
confirm the immigration status of alien applicants for, or recipients 
of, assistance as authorized by section 484(g) of the Higher Education 
Act of 1965, as amended (HEA); 20 U.S.C. 1091(g). The Title IV programs 
include: the Federal Pell 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 CIS 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 Higher Education Act of 1965, as amended, (HEA) 
20 U.S.C. 1091(g). CIS is authorized to participate in this immigration 
status verification under section 103 of the Immigration and 
Nationality Act, 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 CIS. The data will include the alien 
registration number and date of birth of the alien applicant for, or 
recipient of, Title IV assistance. This action will initiate a search 
for corresponding data elements in a CIS Privacy Act system of records 
entitled ``Verification Information System (JUSTICE/INS-035).'' Where 
there is a match of records, the system will provide to ED the 
immigration 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

[[Page 12857]]

device for the deaf (TDD), you may call the Federal Information Relay 
Service (FIRS) 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

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http://www.ed.gov/news/fedregister.

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    Note: The official version of this document is the document 
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    Authority: 5 U.S.C. 552a; Pub. L. 100-503.

    Dated: March 11, 2005.
Theresa S. Shaw,
Chief Operating Officer, Federal Student Aid.
[FR Doc. 05-5233 Filed 3-15-05; 8:45 am]

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