Notice2024-19432
Privacy Act of 1974; Matching Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 29, 2024
Issuing agencies
Education Department
Abstract
Pursuant to the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988 and the Computer Matching and Privacy Protection Amendments of 1990 (Privacy Act) and Office of Management and Budget (OMB) guidance, notice is hereby given of the re-establishment of a matching program between the U.S. Department of Education (Department), as the recipient agency, and the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (DHS-USCIS), as the source agency, to verify the immigration status of noncitizen applicants for, or recipients of, financial assistance under title IV of the Higher Education Act of 1965, as amended (HEA).
Full Text
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<title>Federal Register, Volume 89 Issue 168 (Thursday, August 29, 2024)</title>
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[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Notices]
[Pages 70175-70176]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19432]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2024-FSA-0084]
Privacy Act of 1974; Matching Program
AGENCY: Federal Student Aid, U.S. Department of Education.
ACTION: Notice of a new matching program.
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SUMMARY: Pursuant to the Privacy Act of 1974, as amended by the
Computer Matching and Privacy Protection Act of 1988 and the Computer
Matching and Privacy Protection Amendments of 1990 (Privacy Act) and
Office of Management and Budget (OMB) guidance, notice is hereby given
of the re-establishment of a matching program between the U.S.
Department of Education (Department), as the recipient agency, and the
U.S. Department of Homeland Security, U.S. Citizenship and Immigration
Services (DHS-USCIS), as the source agency, to verify the immigration
status of noncitizen applicants for, or recipients of, financial
assistance under title IV of the Higher Education Act of 1965, as
amended (HEA).
DATES: Submit your comments on the proposed re-establishment of the
matching program on or before September 30, 2024.
The matching program will go into effect on the later of the
following three dates: (1) October 21, 2024; (2) at the expiration of
the 60-day period following the Department's transmittal of a report
concerning the matching program to OMB and to the appropriate
Congressional Committees, along with a copy of the Computer Matching
Agreement, unless OMB waives any of this 60-day review period for
compelling reasons, in which case, 60 days minus the number of days
waived by OMB from the date of the Department's transmittal of the
report of the matching program; or (3) at the expiration of the 30-day
public comment period following the Department's publication of notice
of this matching program in the Federal Register, assuming that the
Department receives no public comments or receives public comments but
makes no changes to the Matching Notice as a result of the public
comments, or 30 days from the date on which the Department publishes a
Revised Matching Notice in the Federal Register, assuming that the
Department receives public comments and revises the Matching Notice as
a result of public comments. If the latest date occurs on a non-
business day, then that date will be counted for purposes of this
paragraph as occurring on the next business day.
The matching program will continue for 18 months after the
effective date of the matching program and may be extended for an
additional 12 months thereafter, if the respective Data Integrity
Boards (DIBs) of the Department and DHS-USCIS determine that the
conditions specified in 5 U.S.C. 552a(o)(2)(D) have been met.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at <a href="http://regulations.gov">regulations.gov</a>. However, if you require an accommodation or
cannot otherwise submit your comments via <a href="http://regulations.gov">regulations.gov</a>, please
contact the program contact person listed under FOR FURTHER INFORMATION
CONTACT. The Department will not accept comments submitted by fax or by
email, or comments 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.
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> 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 ``FAQ''.
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
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Patrick Fox, Senior Advisor, U.S.
Department of Education, Federal Student Aid, 61 Forsyth Street SW,
Atlanta, GA 30303. Telephone: (202) 718-6885. Email:
<a href="/cdn-cgi/l/email-protection#702011040219131b5e361f083015145e171f06"><span class="__cf_email__" data-cfemail="84d4e5f0f6ede7efaac2ebfcc4e1e0aae3ebf2">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act; OMB
[[Page 70176]]
``Final Guidance Interpreting the Provisions of Public Law 100-503, the
Computer Matching and Privacy Protection Act of 1988,'' published in
the Federal Register on June 19, 1989 (54 FR 25818); and OMB Circular
No. A-108, notice is hereby given of the re-establishment of the
matching program between the Department and DHS-USCIS, to verify the
immigration status of noncitizen applicants for, or recipients of,
financial assistance under title IV, HEA, in order to determine such
individuals' eligibility for title IV, HEA Federal student aid.
Participating Agencies
The Department and DHS-USCIS.
Authority for Conducting the Matching Program
The Department seeks access to the information accessed by SAVE
through the DHS-USCIS Verification Information System (VIS) for the
purpose of verifying the immigration status of applicants for
assistance, as authorized by section 484(g) of the HEA, 20 U.S.C.
1091(g), consistent with the requirements of section 484(a)(5) of the
HEA, 20 U.S.C. 1091(a)(5). The Department is authorized to participate
in the matching program, which is the subject of this CMA, under the
authority of section 484(g)(3) of the HEA, 20 U.S.C. 1091(g)(3), and 20
U.S.C. 3475. DHS-USCIS is authorized to participate in this matching
program under section 103 of the Immigration and Nationality Act,
Public Law 82-414, as amended, 8 U.S.C. 1103, Section 121(c)(1), Part
C, of the Immigration Reform and the Control Act of 1986, Public Law
99-603, 42 U.S.C. 1320b-7 note, and section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, Public Law
104-208, as amended, 8 U.S.C. 1373(c).
Purpose(s)
The purpose of this matching program is to permit the Department to
confirm the immigration status of noncitizen 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 matching program 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 applicants
for, or recipients of, title IV, HEA program assistance who provide an
Alien Registration Number (ARN) (also referred to as A-number or USCIS
number) when completing the Free Application for Federal Student Aid
(FAFSA) and have indicated that they are an ``eligible noncitizen'' to
determine their eligibility for title IV, HEA program assistance.
Categories of Records
The Department will disclose to DHS-USCIS the ARN, first and last
name, and date of birth of each applicant for, or recipient of,
financial assistance under title IV of the HEA who indicates that they
are an ``eligible noncitizen'' and have provided their ARN in their
application for financial assistance under title IV of the HEA. DHS-
USCIS will disclose to the Department the eligible noncitizen
applicant's first and last name, date of birth, A-number (or ARN or
USCIS number), Verification Case Number, and Eligibility Statement
Codes, if any.
System(s) of Records
The Department will disclose records to DHS-USCIS from its systems
of records identified as ``Aid Awareness and Application Processing''
(AAAP) (18-11-21), which was last published in the Federal Register on
May 30, 2024 (89 FR 46870). In addition, the Department will maintain
the information it receives from DHS-USCIS in the ``Common Origination
and Disbursement (COD) System'' (18-11-02), which was last published in
the Federal Register on June 28, 2023 (88 FR 41942).
DHS-USCIS will disclose records back to the Department from its
systems of records identified as the ``Department of Homeland Security
(DHS)/U.S. Citizenship and Immigration Services (USCIS)-0004 Systematic
Alien Verification for Entitlements Program System of Records'', which
was last published in the Federal Register on May 27, 2020 (85 FR
31798).
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. 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 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
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Denise Carter,
Acting Chief Operating Officer, Federal Student Aid.
[FR Doc. 2024-19432 Filed 8-28-24; 8:45 am]
BILLING CODE 4000-01-P
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