Date: March 2005
Page Numbers: 12856-12857
Notice; computer matching between the Department of Education and the Department of Homeland Security, Citizenship and Immigration Services, formerly the Immigration and Naturalization Service.
Posted on 03-16-2005
[Federal Register: March
16, 2005 (Volume 70, Number 50)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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.
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
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
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
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:
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:
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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