[Federal Register: September 29, 1997 (Volume 62, Number 188)]
[Page 50993-50994]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 50993]]


Part III

Department of Education


Privacy Act of 1974; Computer Matching Program; Notices

[[Page 50994]]


Privacy Act of 1974; Computer Matching Program; Notice

AGENCY: Department of Education.

ACTION: Notice--Computer matching between the Department of Education 
and the Immigration and Naturalization Service (INS), Department of 


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, 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).
    Notice of the matching program was originally published in the 
Federal Register on March 23, 1995 (60 FR 15428); the program became 
effective on April 26, 1995. Duration was 18 months plus a one-year 
extension permitted by the Privacy Act of 1974, as amended by the 
Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 
552a(o)(2)(D)). The one-year extension will expire on October 26, 1997. 
The following notice represents the approval of a new agreement by the 
Department of Justice and Department of Education Data Integrity Boards 
to continue the matching program (on the effective date as indicated 
    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 
(Pub. L. 100-503), and the Office of Management and Budget (OMB) Final 
Guidance on Interpreting the Provisions of Pub. L. 100-503, Computer 
Matching and Privacy Act of 1988 (54 FR 25818, June 19, 1989), and OMB 
Bulletin 89-22, the following information is provided:

1. Name of Participating Agencies

    The Department of Education (ED) and the 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). The Title IV programs include: the Federal 
Pell Grant, Federal Supplemental Educational Opportunity Grant, Federal 
Work-Study, Federal Perkins Loan, State Student Incentive Grant, 
Federal Family Education Loan, and William D. Ford Direct Loan 

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 data base under the Higher Education Act of 1965, 
as amended (section 484(g)). The INS is authorized to confirm 
immigration status under authority of section 103 of the Immigration 
and Nationality Act.

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 to INS data 
from its Privacy Act system of records entitled, ``Federal Student Aid 
Application File (18-40-0014).'' 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 verify any adverse finding 
(independently or through the alien applicant or recipient) and provide 
the alien applicant or recipient with 30 days notice and opportunity to 
contest such finding.

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 the Office of Management and Budget, 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, if 
the conditions specified in 5 U.S.C. 552a(o)(2)(D) have been met.

6. Address for Receipt of Public Comments or Inquiries

    Claude Denton, Program Specialist, Student Eligibility and 
Verification Section, Policy Development Division, U.S. Department of 
Education, 600 Independence Avenue, SW, (Room 3045, ROB-3), Washington, 
DC 20202, Telephone: (202) 708-8242. Individuals who use a 
telecommunications device for the deaf (TTD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 
p.m., Eastern time, Monday through Friday. Individuals with 
disabilities may obtain this document in an alternate 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

    Anyone may view this document, as well as all other Department of 
Education documents in the Federal Register, in text or portable 
document format (pdf) on the World Wide Web at either of the following 


To use the pdf you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the previous sites. If you 
have questions about using the pdf, call the U.S. Government Printing 
Office toll free at 1-888-293-6498. Anyone may also view these 
documents in text copy only on an electronic bulletin board of the 
Department. Telephone: (202) 219-1511 or, toll free, 1-800-222-4922. 
The documents are located under Option G--Files/Announcements, 
Bulletins and Press Releases.

    Note: The official version of this document is the document 
published in the Federal Register.

    Dated: September 19, 1997.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
[FR Doc. 97-25744 Filed 9-24-97; 8:45 am]