Privacy Act of 1974; System of Records, 4112-4115 [05-1651]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 70, Number 18 (Friday, January 28, 2005)]
[Notices]
[Pages 4112-4115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1651]


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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records

AGENCY: Federal Student Aid, U.S. Department of Education.

ACTION: Notice of an altered system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), 5 United States Code (U.S.C.) 552a, the Department of 
Education (Department) publishes this notice of an altered system of 
records entitled ``Student Aid Internet Gateway (SAIG), Participation 
Management System'' for the purpose of providing telecommunications 
support for the delivery and administration of Federal student aid 
programs authorized under Title IV of the Higher Education Act of 1965, 
as amended (HEA). This system stores personally identifiable data from 
individuals who elect to participate in the transfer of electronic data 
via the SAIG, or enroll in the Financial Aid Administration (FAA) 
Online Access system for access to either the Central Processing System 
(CPS) Online or eCampus Online. (The eCampus-Based Web site allows 
users to submit FISAP information, access Campus-Based account data, 
and view reports.) The Department is revising this system of records as 
a result of a system application change and other technical changes to 
the Title IV Wide Area Network (Title IV WAN 18-11-10) system notice. 
This altered system of records notice also changes the name of the 
system from Title IV WAN to Student Aid Internet Gateway (SAIG), 
Participation Management System; adds two new routine use disclosures; 
deletes number two under the ``Purposes'' statement, which refers to 
billing for customer service calls and ISIR data requests; and revises 
the safeguards and record retention and disposal sections to reflect 
the current safeguards and record retentions for the paper and 
electronic (Web-based) records and information.

DATES: The Department seeks comments on the altered system of records 
described in this notice, in accordance with the requirements of the 
Privacy Act. We must receive your comments on the proposed routine uses 
for this system of records on or before February 28, 2005.
    The Department has filed a report describing the altered system of 
records with the Chair of the Senate Committee on Governmental Affairs, 
the Chair of the House Committee on Government Reform, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB), on January 24, 2005. This 
altered system of records will become effective at the later date of: 
(1) The expiration of the 40-day period for OMB review on March 7, 2005 
or (2) February 28, 2005, unless the system of records needs to be 
changed as a result of public comment or OMB review.

ADDRESSES: Address all comments on the proposed routine uses of this 
system, and requests for information about this system, to Gregory 
James, Application Processing, Students Channel, Federal Student Aid, 
U.S. Department of Education, Union Center Plaza, 830 First Street, 
NE., Room 31C4, Washington, DC 20202.
    If you prefer to send your comments through the Internet, use the 
following address: Comments@ed.gov. You must include the term ``SAIG 
comments'' in the subject line of your electronic message.
    During and after the comment period, you may inspect all comments 
about this notice at Federal Student Aid (FSA), U.S. Department of 
Education, Union Center Plaza, 830 First Street, NE., Room 31C4, 
Washington, DC 20202

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between the hours of 8:30 a.m. and 4 p.m., eastern time, Monday through 
Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking 
Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for this notice.
    If you want to schedule an appointment for this type of aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Gregory James, Telephone: (202) 377-
3386. 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 under FOR FURTHER 
INFORMATION CONTACT.

Introduction

    The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to 
publish in the Federal Register a notice of altered systems of records 
managed by the Department. The Department's regulations implementing 
the Privacy Act are contained in the Code of Federal Regulations (CFR) 
in 34 CFR part 5b.
    The Privacy Act applies to a record about an individual that is 
maintained in a system of records from which information is retrieved 
by a unique identifier associated with each individual, such as a name 
or social security number. The information about each individual is 
called a ``record,'' and the system, whether manual or computer-driven, 
is called a ``system of records.'' The Privacy Act requires each agency 
to publish a systems of records notice in the Federal Register and to 
prepare reports to OMB and Congressional Committees whenever the agency 
publishes a new or ``altered'' system of records.

Electronic Access to This Document

    You may view this document, as well as all other documents of this 
Department published in the Federal Register, in text or Adobe Portable 
Document Format (PDF) on the Internet at the following site: https://
www.ed.gov/news/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: https://www.gpoaccess.gov/
nara/.


    Dated: January 24, 2005.
Theresa S. Shaw,
Chief Operating Officer, Federal Student Aid.

    For the reasons discussed in the preamble, the Chief Operating 
Officer, Federal Student Aid, U.S. Department of Education, publishes a 
notice of an altered system of records to read as follows:
18-11-10

System Name:
    Student Aid Internet Gateway (SAIG), Participant Management System.

Security Classification:
    None.

System Location:
    Pearson Government Solutions, 2450 Oakdale Boulavard, Coralville, 
Iowa 52241.
    Virtual Data Center (VDC), c/o Computer Science Corporation, 71 
Deerfield Lane, Meriden, CT 06450-7151.

Categories of Individuals Covered by the System:
    This system contains records on those individuals who elect to 
participate in the electronic exchange of data with the Department of 
Education via the SAIG, or enroll in the Financial Aid Administration 
system for access to either the Central Processing System (CPS) Online 
or eCampus Online. Those eligible to participate include: financial aid 
administrators, authorized employees or representatives of 
postsecondary institutions, authorized employees or representatives of 
third-party servicers, authorized employees or representatives of 
lenders, authorized employees or representatives of guaranty agencies, 
and authorized employees or representatives of state scholarship 
programs.

Categories of Records in the System:
    This system consists of demographic contact information that 
individuals affiliated with an authorized entity provide to request 
electronic access to Title IV Student Aid Systems.
    Demographic information includes the individual's name, address, 
and authentication information (mother's maiden name, Social Security 
Number, and date of birth).

Authority for Maintenance of the System:
    20 U.S.C. 1082, 1085, 1094, 1099C, Executive Order 9937.

Purpose(s):
    The SAIG, Participant Management System performs the following: 
processes stored data from the SAIG Enrollment Forms (Web and paper 
versions); maintains the SAIG Enrollment Web site (named 
FSAWebEnrollment.ed.gov); manages the assignment of individual ID 
numbers (TG Numbers); and authenticate user's of the CPS Online and e-
Campus Online systems.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    The Department may disclose information contained in a record in 
this system of records under the routine uses listed in this system of 
records without the consent of the individual if the disclosure is 
compatible with the purposes for which the record was collected.
    These disclosures may be made on a case-by-case basis or, if the 
Department has complied with the computer matching requirements of the 
Privacy Act, under a computer matching agreement.
    (1) Program disclosures. The Department may disclose records for 
the following program purposes:
    (a) Federal Direct Loan Program--For participation in the Direct 
Loan Program including the submission of origination records and the 
reporting of disbursement records that require the transmission of data 
over the SAIG.
    (b) Central Processing System (CPS)--Student application data 
including corrections can be entered and obtained over the SAIG.
    (c) Federal Pell Grant--Program origination and disbursement 
records must be reported electronically via the SAIG.
    (d) Fiscal Operations Report and Application to Participate in the 
Federal Campus-Based Programs (FISAP)--Participating institutions are 
required to submit their annual Fiscal Operations and Application to 
Participate to the Department via the SAIG.
    (e) National Student Loan Data Service (NSLDS)--Institutions must 
be provided access to NSLDS to perform online Enrollment Reporting 
(formerly Student Status Confirmation Reporting

[[Page 4114]]

(SSCR)) for updating student enrollment data, and overpayment updates. 
Additionally, institutions will be able to receive their cohort default 
rate (CDR) notification (which includes eligibility letters and loan 
record detail reports) via the SAIG.
    (f) Lender Reporting System (LaRS)--Lender institutions or their 
servicers have the option to send financial reporting information to 
Federal Student Aid's Financial Management System via SAIG.
    (2) Freedom of Information Act (FOIA) advice disclosure. The 
Department may disclose records to the Department of Justice (DOJ) and 
the Office of Management and Budget if the Department seeks advice 
regarding whether records maintained in the system of records are 
required to be released under the FOIA and the Privacy Act of 1974.
    (3) Disclosure to the DOJ. The Department May disclose records to 
the DOJ to the extent necessary for obtaining DOJ advice on any matter 
relevant to an audit, inspection, or other inquiry related to the 
programs covered by this system.
    (4) Contract Disclosure. If the Department contracts with an entity 
for the purposes of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records to those employees. Before entering into such 
a contract, the Department shall require the contractor to maintain 
Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect 
to the records in the system.
    (5) Litigation and Alternative Dispute Resolution (ADR) 
disclosures.
    (a) Introduction. In the event that one of the parties listed below 
is involved in litigation or ADR, or has an interest in litigation or 
ADR, the Department may disclose certain records to the parties 
described in paragraphs (b), (c), and (d) of this routine use under the 
conditions specified in those paragraphs:
    (i) The Department of Education, or any component of the 
Department; or
    (ii) Any Department employee in his or her official capacity; or
    (iii) Any Department employee in his or her individual capacity if 
the Department of Justice (DOJ) has agreed to provide or arrange for 
representation for the employee;
    (iv) Any Department employee in his or her individual capacity 
where the agency has agreed to represent the employee; or
    (v) The United States where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the Department of Justice (DOJ). If the 
Department determines that disclosure of certain records to the DOJ, or 
attorneys engaged by DOJ, is relevant and necessary to litigation or 
ADR, and is compatible with the purpose for which the records were 
collected, the Department may disclose those records as a routine use 
to the DOJ.
    (c) Adjudicative disclosures. If the Department determines that 
disclosure of certain records to an adjudicative body before which the 
Department is authorized to appear, an individual or entity designated 
by the Department or otherwise empowered to resolve or mediate disputes 
is relevant and necessary to the litigation or ADR, the Department may 
disclose those records as a routine use to the adjudicative body, 
individual, or entity.
    (d) Parties, counsels, representatives and witnesses. If the 
Department determines that disclosure of certain records to a party, 
counsel, representative or witness in an administrative proceeding is 
relevant and necessary to the litigation, the Department may disclose 
those records as a routine use to the party, counsel, representative or 
witness.
    (6) Research disclosure. The Department may disclose records to a 
researcher if an appropriate official of the Department determines that 
the individual or organization to which the disclosure would be made is 
qualified to carry out specific research related to functions or 
purposes of this system of records. The official may disclose records 
from this system of records to that researcher solely for the purpose 
of carrying out that research related to the functions or purposes of 
this system of records. The researcher shall be required to maintain 
Privacy Act safeguards with respect to the disclosed records.
    (7) Congressional Member disclosure. The Department may disclose 
records to a member of Congress from the record of an individual in 
response to an inquiry from the member made at the written request of 
that individual. The Member's right to the information is no greater 
than the right of the individual who requested it.
    (8) Disclosure for use by law enforcement agencies. The Department 
may disclose information to any Federal, State, local or other agencies 
responsible for enforcing, investigating, or prosecuting violations of 
administrative, civil, or criminal law or regulation if that 
information is relevant to any enforcement, regulatory, investigative 
or prosecutorial responsibility within the entity's jurisdiction.
    (9) Enforcement disclosure. In the event that information in this 
system of records indicates, either on its face or in connection with 
other information, a violation or potential violation of any applicable 
statute, regulation, or order of a competent authority, the Department 
may disclose the relevant records to the appropriate agency, whether 
foreign, Federal, State, tribal, or local, charged with the 
responsibility of investigating or prosecuting that violation or 
charged with enforcing or implementing the statute, Executive Order, 
rule, regulation, or order issued pursuant thereto.
    (10) Employment, benefit, and contracting disclosure. (a) Decisions 
by the Department. The Department may disclose a record to a Federal, 
State, or local agency maintaining civil, criminal, or other relevant 
enforcement or other pertinent records, or to another public authority 
or professional organization, if necessary to obtain information 
relevant to a decision concerning the hiring or retention of an 
employee or other personnel action, the issuance of a security 
clearance, the letting of a contract, or the issuance of a license, 
grant, or other benefit.
    (b) Decisions by Other Public Agencies and Professional 
Organizations. The Department may disclose a record to a Federal, 
State, local, or foreign agency or other public authority or 
professional organization, in connection with the hiring or retention 
of an employee or other personnel action, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit, to the extent that the record is relevant and necessary to the 
receiving entity's decision on the matter.
    (11) Employee grievance, complaint or conduct disclosure. The 
Department may disclose a record in this system of records to another 
agency of the Federal Government if the record is relevant to one of 
the following proceedings regarding a present or former employee of the 
Department: Complaint, grievance, discipline or competence 
determination proceedings. The disclosure may only be made during the 
course of the proceeding.
    (12) Labor organization disclosure. The Department may disclose 
records from this system of records to an arbitrator to resolve 
disputes under a negotiated grievance procedure or to officials of 
labor organizations recognized under 5 U.S.C. chapter 71

[[Page 4115]]

when relevant and necessary to their duties of exclusive 
representation.

Disclosure to Consumer Reporting Agencies:
    Disclosure pursuant to 5 U.S.C. 552a(b)(12): The Department may 
disclose to a consumer reporting agency information regarding a claim, 
which is determined to be valid and overdue as follows: (1) The name, 
address, and other information necessary to establish the identity of 
the individual responsible for the claim; and (2) the program under 
which the claim arose. The Department may disclose the information 
specified in this paragraph under 5 U.S.C. 552a(b)(12) and the 
procedures contained in subsection 31 U.S.C. 3711(e).
    A consumer-reporting agency to which these disclosures may be made 
is defined at 31 U.S.C. 3701(a)(3).

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are maintained on a computer database as well as in hard 
copy. All hard copy forms are loaded into an imaging system accessible 
through internal systems only. Paper is stored in file cabinets at the 
Pearson Government Solutions facility in Coralville, Iowa.

Retrievability:
    The records are retrieved by the names of the individual user and/
or unique system User ID.

Safeguards:
    All users of this system will have a unique user ID with a personal 
identifier.
    This system does not use persistent cookies (data that a Web server 
causes to be placed on a user's hard drive) to implement 
personalization. It is the policy of the Department to prohibit the use 
of persistent cookies on Department Web sites except when: there is a 
compelling need; there are appropriate safeguards in place; the use is 
personally approved by the Secretary of Education; and there is clear 
and conspicuous notice to the public.
    All physical access to the Department site, and the sites of 
Department contractors where this system of records is maintained, is 
controlled and monitored by security personnel who check each 
individual entering the building for his or her employee or visitor 
badge.
    The computer system employed by the Department offers a high degree 
of resistance to tampering and circumvention. This security system 
limits data access to Department and contract staff on a ``need-to-
know'' basis, and controls individual users'' ability to access and 
alter records within the system.
    All users of this system of records are given a unique user ID with 
personal identifiers.
    All interactions by individual users with the system are recorded.

Retention and Disposal:
    SAIG, Participation Management enrollment forms will be retained by 
the manager of the SAIG Participation Management System (Pearson 
Government Solutions) for 6 years after the expiration of the contract.

System Manager(s) and Address:
    Sue O'Flaherty, Deputy Director, Application Processing, U.S. 
Department of Education, Students Channel, Federal Student Aid, Union 
Center Plaza, 830 First Street NE., Room 32E2, Washington, DC 20202.

Notification Procedure:
    If you wish to determine whether a record exists regarding you in 
the system of records, contact the system manager. Your request must 
meet the requirements of the Department's Privacy Act regulations at 34 
CFR 5b.5, including proof of identity.

Record Access Procedures:
    If you wish to gain access to a record regarding you in the system 
of records, contact the system manager. Your request must meet the 
requirements of the Department's Privacy Act regulations at 34 CFR 
5b.5, including proof of identity.

Contesting Record Procedures:
    If you wish to contest the content of a record regarding you in the 
system of records, contact the system manager. Your request must meet 
the requirements of the Department's Privacy Act regulations at 34 CFR 
5b.7.

Record Source Categories:
    Information in this system is obtained from the following entities: 
financial aid administrators, postsecondary institutions, third-party 
servicers, lenders, guaranty agencies, and state scholarship programs.

System Exempted From Certain Provision of the Privacy Act:
    None.

[FR Doc. 05-1651 Filed 1-27-05; 8:45 am]
BILLING CODE 4000-01-P