Computer matching between the Department of Education and the Immigration and Naturalization Service

[Federal Register: March 1, 2000 (Volume 65, Number 41)]

[Notices]               

[Page 11043-11044]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr01mr00-50]                         


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DEPARTMENT OF EDUCATION



Privacy Act of 1974; Computer Matching Program; Notice


AGENCY: Department of Education.


ACTION: Notice--Computer matching between the Department of Education 

and the Immigration and Naturalization Service (INS), Department of 

Justice.


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SUMMARY: Pursuant to the Computer Matching and Privacy Protection Act 

of 1988, Pub. L. 100-503, and the Office of Management and Budget (OMB) 

Guidelines on the Conduct of Matching Programs, notice is hereby given 

of the computer matching program between the Department of Education 

(ED) (the recipient agency), and the Immigration and Naturalization 

Service (INS), Department of Justice (the source agency).

    Notice of the matching program was originally published in the 

Federal Register on September 29, 1997 (62 FR 50994); the program 

became effective on October 29, 1997. Duration was 18 months plus a 

one-year extension permitted by the Privacy Act of 1974, as amended by 

the Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 

552a(o)(2)(D)). The one-year extension will expire on April 29, 2000. 

This notice represents the approval of a new agreement by the 

Department of Justice and Department of Education Data Integrity Boards 

to continue the matching program on the effective date as indicated 

below.

    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 Office of Management and Budget (OMB) Final 

Guidance on Interpreting the Provisions of Pub. L. 100-503, Computer 

Matching and Privacy Act of 1988 (54 FR 25818, June 19, 1989), and OMB 

Bulletin 89-22, the following information is provided:


[[Page 11044]]


1. Name of Participating Agencies


    The Department of Education (ED) and the Department of Justice 

(DOJ).


2. Purpose of the Match


    The matching program entitled ``Systematic Alien Verification for 

Entitlement (SAVE) INS/ED'' will permit ED to confirm the immigration 

status of alien applicants for, or recipients of, assistance as 

authorized by Title IV, section 484(a)(5), of the Higher Education Act 

of 1965, as amended (HEA); 20 U.S.C. 1091(a). The Title IV programs 

include: The Federal Pell Grant, Federal Supplemental Educational 

Opportunity Grant, Federal Work-Study, Federal Perkins Loan, Leveraging 

Educational Assistance Partnership, Federal Family Education Loan, and 

William D. Ford Direct Loan Programs.


3. Authority for Conducting the Matching Program


    The information contained in the INS data base is referred to as 

the Alien Status Verification Index (ASVI), and is authorized under the 

Immigration Reform and Control Act of 1986 (IRCA), Pub. L. 99-603. ED 

seeks access to this database under the Higher Education Act of 1965, 

as amended (section 484(g)); 20 U.S.C. 1091. The INS is authorized to 

confirm immigration status under the authority of section 103 of the 

Immigration and Nationality Act.


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 to INS data 

from its Privacy Act system of records entitled, ``Federal Student Aid 

Application File (18-11-01).'' 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 an INS Privacy Act system of records 

entitled ``Alien Status Verification Index (JUSTICE/INS-009).'' 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 verify any adverse finding 

(independently or through the alien applicant or recipient) and provide 

the alien applicant or recipient with 30 days notice and opportunity to 

contest such finding.


5. Effective Dates of the Matching Program


    The matching program will become effective 40 days after a copy of 

the agreement, as approved by the Data Integrity Board of each agency, 

is sent to Congress and the Office of Management and Budget, 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, if 

the conditions specified in 5 U.S.C. 552a(o)(2)(D) have been met.


6. Address for Receipt of Public Comments or Inquiries


    Jeanne Saunders, Acting Director, Application Processing, Students 

Channel, Office of Student Financial Assistance, U.S. Department of 

Education, 400 Maryland Avenue, SW, (Room 4636, ROB-3), Washington, DC 

20202, Telephone: (202) 708-9874. If you use a telecommunications 

device for the deaf (TTD), you may call the Federal Information Relay 

Service (FIRS) at 1-800-877-8339.

    Individuals with disabilities may obtain this document in an 

alternate 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 Department of 

Education documents published in the Federal Register, in text or Adobe 

Portable Document Format (PDF) on the Internet at either of the 

following sites:


http://ocfo.ed.gov/fedreg.htm

http://ifap.ed.gov/dev__csb/new/home.nsf


To use the PDF you must have the Adobe Acrobat Reader Program with 

Search, which is available free at either of the previous sites. If you 

have questions about using the PDF, call the U.S. Government Printing 

Office (GPO), toll free at 1-888-293-6498, or in Washington, DC, area 

at (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.access.gpo.gov/nara/index.html.



    Dated: February 24, 2000.

Greg Woods,

Chief Operating Officer, Office of Student Financial Assistance.

[FR Doc. 00-4893 Filed 2-29-00; 8:45 am]

BILLING CODE 4000-01-P