82 FR 14355 - Privacy Act of 1974; Computer Matching Program

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 52 (March 20, 2017)

This document provides notice of the continuation of a computer matching program between the Department of Education and the Department of Homeland Security, U.S. Citizenship and Immigration Services.

[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Notices]
[Pages 14355-14357]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05551]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2017-FSA-0034]


Privacy Act of 1974; Computer Matching Program

AGENCY: Department of Education.

ACTION: Notice of a Modified Matching Program.

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SUMMARY: This document provides notice of the continuation of a 
computer matching program between the Department of Education and the 
Department of Homeland Security, U.S. Citizenship and Immigration 
Services.

DATES: We must receive your comments on or before April 19, 2017.
    The re-established matching program will be effective on the latest 
of the following three dates: (A) April 18, 2017; (B) 30 days from the 
date on which the Department of Education (ED) publishes a Computer 
Matching Notice in the Federal Register, as required by 5 U.S.C. 
552a(e)(12) and Office of Management and Budget (OMB) Circular No. A-
108, assuming that ED receives no public comments or receives public 
comments but makes no changes to the Computer Matching Notice as a 
result of the public comments, or 30 days from the date on which ED 
publishes a Revised Computer Matching Notice in the Federal Register, 
assuming that ED receives public comments and revises the Computer 
Matching Notice as a result of public comments; or (C) 60 days from the 
date on which ED transmits the report of the matching program, as 
required by 5 U.S.C. 552a(r) and OMB Circular No. A-108, 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 any days of the 60-day review period for compelling reasons, 
in which case 60 days minus the number of days waived by OMB from the 
date of ED's transmittal of the report of the matching program.

[[Page 14356]]

    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.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under the ``help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to 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.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION 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.

SUPPLEMENTARY INFORMATION: We provide this notice in accordance with 
Privacy Act of 1974, as amended (5 U.S.C. 552a); 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 No. A-108, available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/assets/OMB/circulars/a108/omb_circular_a-108.pdf.
    Participating Agencies: The U.S. Department of Education and the 
U.S. Department of Homeland Security, U.S. Citizenship and Immigration 
Services (USCIS).
    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 
Higher Education Act of 1965, as amended (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.
    Purpose(S): 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 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.
    Categories of Individuals: The individuals included in this 
matching program are those who provide an Alien Registration Number 
when completing the Free Application for Federal Student Aid (FAFSA), 
to determine their eligibility for title IV, HEA program assistance.
    Categories of Records: Data that are sent from ED to DHS include 
the individual's: Alien registration number, first and last name, date 
of birth, current Social Security number, and gender. This action will 
initiate a search for corresponding data elements in a USCIS Privacy 
Act system of records. When a match of records occurs, 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 and the USCIS status code of the alien 
applicant or recipient. ED translates the code to determine whether the 
applicant is 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.
    System(S) of Records: ED system of Records: Federal Student Aid 
Application File (18-11-01), (76 FR 46774). DHS-USCIS system of 
records: Systematic Alien Verification for Entitlements (SAVE) System 
of Records, (81 FR 78619).
    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.thefederalregister.org/fdsys. At this site you can view this document, 
as well as all other documents of this Department published in the 
Federal Register, in text or 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.


[[Page 14357]]


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

    Dated: March 16, 2017.
James W. Runcie,
Chief Operating Officer Federal Student Aid.
[FR Doc. 2017-05551 Filed 3-17-17; 8:45 am]
 BILLING CODE 4000-01-P