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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly


[Federal Register: September 19, 2002 (Volume 67, Number 182)]
[Notices]               
[Page 59056]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se02-41]                         

-----------------------------------------------------------------------

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 Immigration and Naturalization Service, Department of Justice.

-----------------------------------------------------------------------

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, a 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).
    In accordance with the Privacy Act of 1974 (5 U.S.C. 522a), as 
amended by the Computer Matching and Privacy Protection Act of 1989, 
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 
Justice.

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)(5). 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 Gaining 
Early Awareness and Readiness for Undergraduate 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(g). The INS is authorized 
to confirm immigration status under the authority of section 103 of the 
Immigration and Nationality Act, as amended.

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 INS. 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 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 Office of Management and Budget that (i) the information is limited 
to identification and amount of benefits paid by INS 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 agreement, as approved by the Data Integrity Board of each agency, 
is sent to Congress and OMB, 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. Edith Bell, 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) 377-3231. If you use a 
telecommunications 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 
paragraph.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education of documents published in the Federal Register, in text or 
Adobe Portable Document Format (PDF) on the Internet at the following 
site: www.ed.gov/legislation/FedRegister.
    To use 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 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.


    Program Authority: 20 U.S.C. 1091(a)(5).

    Dated: September 13, 2002.
James Manning,
Acting Chief Operating Officer, Federal Student Aid.
[FR Doc. 02-23798 Filed 9-18-02; 8:45 am]
BILLING CODE 4000-01-P





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