97-16472. Privacy Act of 1974; Computer Matching Program  

  • [Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
    [Notices]
    [Pages 34047-34048]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-16472]
    
    
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    DEPARTMENT OF EDUCATION
    
    
    Privacy Act of 1974; Computer Matching Program
    
    AGENCY: Office of Postsecondary Education, Department of Education.
    
    ACTION: Notice--Computer matching between the Department of Education 
    and the Department of Justice.
    
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    SUMMARY: Section 5301(a)(1) of the Anti-Drug Abuse Act of 1988 (now 
    designated as section 421(a)(1) of the Controlled Substances Act (21 
    U.S.C. 862(a)(1)) includes provisions regarding the judicial denial of 
    Federal benefits. Section 5301 authorizes Federal and State judges to 
    deny certain Federal benefits (including student financial assistance 
    under Title IV of the Higher Education Act of 1965, as amended) to 
    individuals convicted of drug trafficking or possession.
        In order to ensure that Title IV student financial assistance is 
    not awarded to individuals subject to denial of benefits under court 
    orders issued pursuant to section 5301, the Department of Justice and 
    the Department of Education implemented a computer matching program. 
    The current computer matching agreement expires on July 1, 1997. The 
    Department of Education must continue to obtain from the Department of 
    Justice identifying information regarding individuals who are the 
    subject of section 5301 denial of benefits court orders. The purpose of 
    this notice is to announce the continued operation of the computer 
    matching program and to provide certain required information concerning 
    the computer matching program.
        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), the Office of Management and Budget (OMB) Guidelines 
    on the Conduct of Matching Programs (see 54 FR 25818, June 19, 1989), 
    and OMB Bulletin 89-22, the following information is provided:
    
    1. Names of Participating Agencies
    
        The Department of Education (ED) and the Department of Justice 
    (DOJ).
    
    2. Purpose of the Match
    
        This matching program is designed to assist ED in enforcing the 
    sanctions imposed under section 5301 of the Anti-Drug Abuse Act of 1988 
    (Pub. L. 100-690).
    
    3. Authority for Conducting the Matching Program
    
        Under section 5301 of the Anti-Drug Abuse Act of 1988, as amended 
    (21 U.S.C. 862), ED must deny Federal benefits to any individual upon 
    whom a Federal or State court order has imposed a penalty denying 
    eligibility for those benefits. Student financial assistance under 
    Title IV of the Higher Education Act of 1965, as amended (HEA) is a 
    Federal benefit under section 5301 and ED must, in order to meet its 
    obligations under the HEA, have access to information about individuals 
    who have been declared ineligible under section 5301.
    
    The President's Denial of Federal Benefits
    
        Section 5301 and the Procedures for Implementation of section 5301 
    (Pub. L. 100-690), transmitted to the Congress on August 30, 1989, 
    direct DOJ to act as an information clearinghouse for Federal agencies. 
    While DOJ provides information about section 5301 individuals who are 
    ineligible for Federal benefits to the General Services Administration 
    (GSA) for inclusion in GSA's List of Parties Excluded from Federal 
    Procurement and Nonprocurement Programs, DOJ and ED have determined 
    that matching against the DOJ data base is more efficient and effective 
    than access to the GSA List. The DOJ data base has specific information 
    about the Title IV, HEA programs for which individuals are ineligible 
    and has more complete identifying information about those individuals 
    than does the GSA List. Both of these elements are essential for a 
    successful match.
    
    4. Categories of Records and Individuals Covered
    
    A. Department of Education Records
    
        Federal Student Aid Application File (18-40-0014): Composed of 
    records of students applying for Federal student financial assistance 
    under Title IV of the HEA. The social security number and the first two 
    letters of an applicant's last name will be used by ED for the match.
    
    B. Department of Justice Records
    
        Denial of Federal Benefits Clearinghouse System (DEBAR) (OJP-0013): 
    Contains the names, social security numbers, dates of birth, and other 
    identifying information regarding individuals convicted of Federal or 
    State offenses involving drug trafficking or possession of a controlled 
    substance who have been denied Federal benefits by Federal or State 
    courts. This system of records also contains information concerning the 
    specific program or programs for which benefits have been denied. DOJ 
    will make available for the matching program the records of only those 
    individuals who have been denied Federal benefits under one or more of 
    the Title IV, HEA programs.
    
    5. Effective Dates of the Matching Program
    
        The matching program will become effective 40 days after a copy of 
    the computer matching agreement, as approved by the Data Integrity 
    Board of each agency, is sent to Congress and OMB 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. 522a(o)(2)(D) have been met.
    
    6. Address for Receipt of Public Comments or Inquiries
    
        Ms. Edith Bell, Program Specialist, Policy Development Division, 
    U.S. Department of Education, 600 Independence Avenue SW, (Room 3053, 
    ROB-3), Washington, DC 20202.
    
    [[Page 34048]]
    
    Telephone: (202) 708-8242. Individuals who use a telecommunications 
    device for the deaf (TDD) 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.
    
        Dated: June 6, 1997.
    David A. Longanecker,
    Assistant Secretary for Postsecondary Education.
    [FR Doc. 97-16472 Filed 6-23-97; 8:45 am]
    BILLING CODE 4000-01-P
    
    
    

Document Information

Published:
06/24/1997
Department:
Education Department
Entry Type:
Notice
Action:
Notice--Computer matching between the Department of Education and the Department of Justice.
Document Number:
97-16472
Pages:
34047-34048 (2 pages)
PDF File:
97-16472.pdf