Privacy Act of 1974; Computer Matching Program Between the U.S. Department of Education and the Department of Homeland Security, U.S. Citizenship and Immigration Services, 55441-55443 [2014-22073]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Notices]
[Pages 55441-55443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22073]


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DEPARTMENT OF EDUCATION


Privacy Act of 1974; Computer Matching Program Between the U.S. 
Department of Education and the Department of Homeland Security, U.S. 
Citizenship and Immigration Services

AGENCY: Department of Education.

ACTION: Notice.

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SUMMARY: This document provides notice of the continuation of a 
computer matching program between the Department of Education and the

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Department of Homeland Security, U.S. Citizenship and Immigration 
Services. The continuation is effective on the date described in 
paragraph 5 of this notice.

SUPPLEMENTARY INFORMATION: We provide this notice in accordance with 5 
U.S.C. 552a (commonly known as the Privacy Act of 1974); 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, https://www.whitehouse.gov/omb/circularsa130.

1. Names of Participating Agencies

    The U.S. Department of Education (ED) and the U.S. Department of 
Homeland Security, U.S. Citizenship and Immigration Services (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, HEA 
programs that are covered by the agreement include: The Federal Pell 
Grant Program, the Teacher Education Assistance for College and Higher 
Education (TEACH) 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, and the William D. Ford Federal Direct Loan Program.

3. Authority for Conducting the Matching Program

    The information contained in the USCIS database is referred to as 
the Verification Information System (VIS), which is authorized by 
section 274A(b) of the Immigration and Nationality Act, 8 U.S.C. 
1324a(b). ED seeks access to the VIS 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 by section 103 of the Immigration and 
Nationality Act, 8 U.S.C. 1103.

4. Categories of Records and Individuals Covered by the Match

    The records to be used in the match and the roles of the matching 
participants are: Through the use of user identification codes and 
passwords, authorized persons from ED will electronically transmit to 
USCIS data from ED's Privacy Act system of records entitled ``Federal 
Student Aid Application File (18-11-01).'' 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, HEA program 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 USCIS 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, 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, HEA program 
assistance to the individual, or take other adverse action against the 
individual, as a result of information produced by the match, until ED 
has independently verified the information, or ED's Data Integrity 
Board determines, in accordance with guidance issued by the Director of 
the OMB, that: (1) The information is limited to identification and 
amount of benefits paid by ED under a Federal benefit program; and (2) 
there is a high degree of confidence that the information provided to 
ED is accurate. In addition, the individual must first receive a notice 
from ED containing a statement of its findings and informing the 
individual of the opportunity to contest those findings by submitting 
documentation demonstrating a satisfactory immigration status within 30 
days of receipt of the notice. After 30 days from the date of the 
individual's receipt of such notice, ED may take adverse action against 
an individual as a result of information produced by the match.

5. Effective Dates of the Matching Program

    The matching program will be effective on the latest of the 
following three dates: (A) October 17, 2014; (B) 30 days from the date 
on which ED publishes a Computer Matching Notice in the Federal 
Register, as required by 5 U.S.C. 552a(e)(12); or (C) 40 days from the 
date on which ED transmits the report of the matching program, as 
required by 5 U.S.C. 552a(r), to OMB, the U.S. House Committee on 
Oversight and Government Reform, and the U.S. Senate Committee on 
Homeland Security and Governmental Affairs, unless OMB waives 10 days 
of the 40-day review period for compelling reasons, in which case 30 
days from the date of ED's transmittal of the matching program report.
    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.
    This agreement terminates and replaces the current 12-month 
Computer Matching Program extension because the following substantive 
change has occurred since the last 18-month computer matching 
agreement: ED and DHS will have moved the mainframe-to-mainframe batch 
file exchange process to a Web-oriented data-exchange process as of the 
effective date of this agreement.

6. Address for Receipt of Public Comments or Inquiries

    Individuals who wish to comment on this matching program or obtain 
additional information about the program, including a copy of the 
computer matching agreement between ED and DHS, may contact 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) or a text telephone (TTY), 
call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (such as, braille, large print, 
audiotape, or compact disc) on request to the contact person listed in 
the preceding paragraph.
    Electronic Access to This Document: 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 through the Federal Digital 
System at: www.gpo.gov/fdsys. At this site you can view this document, 
as well as all other documents of this

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Department published in the Federal Register, in text or Adobe Portable 
Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, 
which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Authority:  5 U.S.C. 552a.

    Dated: September 5, 2014.
Matthew D. Sessa,
Deputy Chief Operating Officer Federal Student Aid.
[FR Doc. 2014-22073 Filed 9-15-14; 8:45 am]
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