Consider the data housed in the U.S. Department of Education (USED) by virtue of FAFSA.
The Foundations for Evidence-Based Policymaking Act (FEPA – S 2046), passed by the House as HR 4174, encourages all federal agencies to share the data they maintain on American citizens and to make that data available for “research” by outside interests. All this would be done according to rules set by each agency and without the knowledge or consent of the citizens whose data would be disclosed and scrutinized.
In most cases, citizens give data to a particular federal agency for a particular purpose. They don’t expect that data to be “re-purposed” without their knowledge – even to achieve a goal the government thinks is worthwhile. In a free society, the government is subordinate to the citizen. If it wants to use his data for something he didn’t agree to, it should first obtain his consent. FEPA operates according to the contrary principle – that government is entitled to do whatever it wants with a citizen’s data and shouldn’t be hindered by his objection.
It’s critical to understand exactly what kinds of data reside in various agencies and ponder the possible consequences of sharing that data as contemplated by FEPA. Consider the data housed in the U.S. Department of Education (USED) by virtue of the Free Application for Federal Student Aid (FAFSA). Take a deep breath:
1. Student’s Last Name:
2. Student’s First Name:
3. Student’s Middle Initial:
4. Student’s Permanent Mailing Address:
5. Student’s Permanent City:
6. Student’s Permanent State:
7. Student’s Permanent ZIP Code:
8. Student’s Social Security Number:
9. Student’s Date of Birth:
10. Student’s Telephone Number:
11. Student’s Driver’s License Number:
12. Student’s Driver’s License State:
13. Student’s E-mail Address:
14. Student’s Citizenship Status:
15. Student’s Alien Registration Number:
16. Student’s Marital Status:
17. Student’s Marital Status Date:
18. Student’s State of Legal Residence:
19. Was Student a Legal Resident Before January 1, 2012?
20. Student’s Legal Residence Date:
21. Is the Student Male or Female?
22. Register Student With Selective Service System?
23. Drug Conviction Affecting Eligibility?
24. Parent 1 Educational Level:
25. Parent 2 Educational Level:
26. High School or Equivalent Completed?
27a. Student’s High School Name:
27b. Student’s High School City:
27c. Student’s High School State:
28. First Bachelor’s Degree before 2017-2018 School Year?
29. Student’s Grade Level in College in 2017-2018:
30. Type of Degree/Certificate:
31. Interested in Work-study?
32. Student Filed 2015 Income Tax Return?
33. Student’s Type of 2015 Tax Form Used:
34. Student’s 2015 Tax Return Filing Status:
35. Student Eligible to File a 1040A or 1040EZ?
36. Student’s 2015 Adjusted Gross Income:
37. Student’s 2015 U.S. Income Tax Paid:
38. Student’s 2015 Exemptions Claimed:
39. Student’s 2015 Income Earned from Work:
40. Spouse’s 2015 Income Earned from Work:
41. Student’s Total of Cash, Savings, and Checking Accounts:
42. Student’s Net Worth of Current Investments:
43. Student’s Net Worth of Businesses/Investment Farms:
44a. Student’s Education Credits:
44b. Student’s Child Support Paid:
44c. Student’s Taxable Earnings from Need-Based Employment Programs:
44d. Student’s College Grant and Scholarship Aid Reported in AGI:
44e. Student’s Taxable Combat Pay Reported in AGI:
44f. Student’s Cooperative Education Earnings:
45a. Student’s Payments to Tax-Deferred Pensions & Retirement Savings:
45b. Student’s Deductible Payments to IRA/Keogh/Other:
45c. Student’s Child Support Received:
45d. Student’s Tax Exempt Interest Income:
45e. Student’s Untaxed Portions of IRA Distributions:
45f. Student’s Untaxed Portions of Pensions:
45g. Student’s Housing, Food, & Living Allowances:
45h. Student’s Veterans Noneducation Benefits:
45i. Student’s Other Untaxed Income or Benefits:
45j. Money Received or Paid on Student’s Behalf:
46. Student Born Before January 1, 1994?
47. Is Student Married?
48. Working on Master’s or Doctorate in 2017-2018?
49. Is Student on Active Duty in U.S. Armed Forces?
50. Is Student a Veteran?
51. Does Student Have Children He/She Supports?
52. Does Student Have Dependents Other than Children/Spouse?
53. Parents Deceased?/Student Ward of Court?/In Foster Care?
54. Is or Was Student an Emancipated Minor?
55. Is or Was Student in Legal Guardianship?
56. Is Student an Unaccompanied Homeless Youth as Determined by High School/Homeless Liaison?
57. Is Student an Unaccompanied Homeless Youth as Determined by HUD?
58. Is Student an Unaccompanied Homeless Youth as Determined by Director of Homeless Youth Center?
59. Parents’ Marital Status:
60. Parents’ Marital Status Date:
61. Parent 1 (Father’s/Mother’s/Stepparent’s) Social Security Number:
62. Parent 1 (Father’s/Mother’s/Stepparent’s) Last Name:
63. Parent 1 (Father’s/Mother’s/Stepparent’s) First Name Initial:
64. Parent 1 (Father’s/Mother’s/Stepparent’s) Date of Birth:
65. Parent 2 (Father’s/Mother’s/Stepparent’s) Social Security Number:
66. Parent 2 (Father’s/Mother’s/Stepparent’s) Last Name:
67. Parent 2 (Father’s/Mother’s/Stepparent’s) First Name Initial:
68. Parent 2 (Father’s/Mother’s/Stepparent’s) Date of Birth:
69. Parents’ E-mail Address:
70. Parents’ State of Legal Residence:
71. Were Parents Legal Residents Before January 1, 2012?
72. Parents’ Legal Residence Date:
73. Parents’ Number of Family Members in 2017-2018:
74. Parents’ Number in College in 2017-2018 (Parents Excluded):
75. Parents Received Medicaid or Supplemental Security Income?
76. Parents Received SNAP?
77. Parents Received Free/Reduced Price Lunch?
78. Parents Received TANF?
79. Parents Received WIC?
80. Parents Filed 2015 Income Tax Return?
81. Parents’ Type of 2015 Tax Form Used:
82. Parents’ 2015 Tax Return Filing Status:
83. Parents Eligible to File a 1040A or 1040EZ?
84. Is Parent a Dislocated Worker?
85. Parents’ 2015 Adjusted Gross Income:
86. Parents’ 2015 U.S. Income Tax Paid:
87. Parents’ 2015 Exemptions Claimed:
88. Parent 1 (Father’s/Mother’s/Stepparent’s) 2015 Income Earned from Work:
89. Parent 2 (Father’s/Mother’s/Stepparent’s) 2015 Income Earned from Work:
90. Parents’ Total of Cash, Savings, and Checking Accounts:
91. Parents’ Net Worth of Current Investments:
92. Parents’ Net Worth of Businesses/Investment Farms:
93a. Parents’ Education Credits:
93b. Parents’ Child Support Paid:
93c. Parents’ Taxable Earnings from Need-Based Employment Programs:
93d. Parents’ College Grant and Scholarship Aid Reported in AGI:
93e. Parents’ Taxable Combat Pay Reported in AGI:
93f. Parents’ Cooperative Education Earnings:
94a. Parents’ Payments to Tax-Deferred Pensions & Retirement Savings:
94b. Parents’ Deductible Payments to IRA/Keogh/Other:
94c. Parents’ Child Support Received:
94d. Parents’ Tax Exempt Interest Income:
94e. Parents’ Untaxed Portions of IRA Distributions:
94f. Parents’ Untaxed Portions of Pensions:
94g. Parents’ Housing, Food, & Living Allowances:
94h. Parents’ Veterans Noneducation Benefits:
94i. Parents’ Other Untaxed Income or Benefits:
95. Student’s Number of Family Members in 2017-2018:
96. Student’s Number in College in 2017-2018:
97. Student Received Medicaid or Supplemental Security Income?
98. Student Received SNAP?
99. Student Received Free/Reduced Price Lunch?
100. Student Received TANF?
101. Student Received WIC?
102. Is Student or Spouse a Dislocated Worker?
103a. First Federal School Code:
103b. First Housing Plans:
103c. Second Federal School Code:
103d. Second Housing Plans:
103e. Third Federal School Code:
103f. Third Housing Plans:
103g. Fourth Federal School Code:
103h. Fourth Housing Plans:
103i. Fifth Federal School Code:
103j. Fifth Housing Plans:
103k. Sixth Federal School Code:
103l. Sixth Housing Plans:
103m. Seventh Federal School Code:
103n. Seventh Housing Plans:
103o. Eighth Federal School Code:
103p. Eighth Housing Plans:
103q. Ninth Federal School Code:
103r. Ninth Housing Plans:
103s. Tenth Federal School Code:
103t. Tenth Housing Plans:
104. Date Completed:
105. Signed By:
106. Preparer’s Social Security Number:
107. Preparer’s Employer Identification Number (EIN):
108. Preparer’s Signature:
According to USED, nearly 20 million students filled out this form in the 2015/2016 application cycle. USED manages the portfolios of over 40 million loan applicants and recipients.
In 2015 hearings, the House Oversight and Government Reform Committee uncovered the appalling lack of security with which this data is held. On cue, a huge FAFSA data breach was discovered in early 2017, exposing over 100,000 citizens to fraud based on their stolen records. Data-security hawk KrebsOnSecurity reported that the Internal Revenue Service disabled an automated tool on its website that was used to help students apply for financial aid in light of evidence that identity thieves were using the tool to steal the data and use it for tax-refund fraud. As Krebs warns, the only thing malefactors need to unlock a student’s entire life is name, birthdate, and social security number. FAFSA opens up the candy store.
Given the extraordinary breadth of the FAFSA data and its value to criminals, the government should be holding it in the cyber equivalent of Fort Knox. But FEPA heads in the other direction. It makes the data available to multiple other federal agencies and to outside interests under rules and security arrangements finalized by the agencies themselves. Propaganda claiming that FEPA adds additional protections for data is just that – propaganda. FEPA adds nothing to the “protections” already contained in the Confidential Information Protection and Statistical Efficiency Act, which have manifestly failed so far.
And USED isn’t the only federal agency that has allowed major data breaches. The hacking of the Office of Personnel Management affected information on 21.5 million Americans. Data-security inadequacies were also found in the IRS tool used to calculate Obamacare subsidies, and President Obama himself refused to use the healthcare.gov website in order to keep his own data secure. Even if data is kept in the agency that collected it, FEPA still creates a de facto national database, that provides an even bigger target for hackers. The reassurance by FEPA proponents that there is “no central repository of data” is a meaningless distinction without a difference.
Senators, do you want your children’s and your families’ highly sensitive data shared across the federal government without your knowledge and consent, for purposes you never agreed to? Do you want private researchers or private corporations to have access to it? If not, stop FEPA.