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[Federal Register: March 15, 2010 (Volume 75, Number 49)]
[Notices]               
[Page 12226-12227]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr10-41]                         

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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

[[Page 12227]]

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 Services (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 Iraq and Afghanistan Service 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) 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 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 gender 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, 
the date of entry into the U.S., the country of birth, and 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 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 transmitted 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.
    Mr. Leroy Everett, 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) 377-3265. If 
you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
accessible 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 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) 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.
    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; Pub. L. No. 100-503.

    Dated: March 10, 2010.
William J. Taggart,
Chief Operating Officer Federal Student Aid.
[FR Doc. 2010-5613 Filed 3-12-10; 8:45 am]
BILLING CODE 4000-01-P
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