[Federal Register: May 13, 2003 (Volume 68, Number 92)]
[Notices]
[Page 25585-25586]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my03-55]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; Computer Matching Program
AGENCY: Department of Education.
[[Page 25586]]
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 18-month computer matching agreement (CMA) was recertified for an
additional 12 months on June 18, 2002. The 12-month recertification of
the CMA will automatically expire on June 18, 2003.
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), Office of Management and Budget (OMB) Guidelines on
the Conduct of Matching Programs (see 54 FR 25818, June 19, 1989), and
OMB Circular A-130, the following information is provided:
1. Names of Participating Agencies
The Department of Education (ED)(recipient agency) and the
Department of Justice (DOJ)(source agency).
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.
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
Procurements and Nonprocurement Programs, DOJ and ED have determined
that matching against the DOJ database is more efficient and effective
than access to the GSA List. The DOJ database has specific information
about the Title IV, HEA programs for which individuals are ineligible
as well as the expiration of the debarment period, making the DOJ
database more complete than the GSA List. Both of these elements are
essential for a successful match.
4. Categories of Records and Individuals Covered by the Match
ED will submit for verification, records from its Central
Processing System files (Federal Student Aid Application File (18-11-
01)), the social security number (SSN) and other identifying
information for each applicant for Title IV student financial
assistance. ED will use the SSN and the first two letters of an
applicant's last name for the match.
The DOJ 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, as well as the duration of the period
of ineligibility. 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 on June 19, 2003; or 40
days after a copy of the agreement, as approved by the Data Integrity
Board of each agency, is sent to Congress and OMB unless OMB objects to
some or all of the agreement; or 30 days after publication of this
notice in the Federal Register, whichever date is last. The matching
program will continue for 18 months after the effective date and may be
extended for an additional 12 months thereafter, 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
Ms. Edith Bell, Management and Program Analyst, U.S. Department of
Education, Federal Student Aid, Union Center Plaza, 830 First Street,
NE., Washington, DC 20202-5454. Telephone: (202) 377-3231. If you use a
telecommunications device for the deaf (TDD), you may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative 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
You may view this document, as well as all other Department of
Education documents published in the Federal Register in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/legislation/FedRegister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free at 1-888-293-6498, or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO access at: http://www.access.gpo.gov/nara.index.html
Authority: 21 U.S.C. 862(a)(1); 5 U.S.C. 552a; Pub. L. No. 100-
503.
Dated: May 8, 2003.
Theresa S. Shaw,
Chief Operating Officer, Federal Student Aid.
[FR Doc. 03-11898 Filed 5-12-03; 8:45 am]
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