[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Pages 34047-34048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16472]



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.


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 

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]