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This resource is being maintained for historical purposes only and is not currently applicable.

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 S

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PublicationDate: 6/24/97
FRPart:
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PageNumbers: 34047-34048
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.
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[Federal Register: June 24, 1997 (Volume 62, Number 121)]
[Notices]
[Page 34047-34048]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn97-45]

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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




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Last Modified: 08/02/1998