Privacy Act of 1974; System of Records-Common Services for Borrowers, 3503-3507 [E6-746]
Download as PDF
Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Notices
Privacy Act of 1974; System of
Records—Common Services for
Borrowers
Federal Student Aid,
Department of Education.
ACTION: Notice of a new system of
records.
erjones on PROD1PC61 with NOTICES
AGENCY:
SUMMARY: In accordance with the
Privacy Act of 1974, as amended,
(Privacy Act), the Chief Operating
Officer for Federal Student Aid of the
U.S. Department of Education
(Department) publishes this notice of a
new system of records entitled the
Common Services for Borrowers (CSB)
system (18–11–16). Over the next three
to four years, the Department will
consolidate the activities it carries out
with regard to making and servicing
loans, and collecting or otherwise
resolving obligations owed by an
individual with respect to a loan, grant,
or scholarship program authorized by
the Higher Education Act of 1965, as
amended (HEA). The CSB system will
contain records of an individual’s loan,
grant, or scholarship and of transactions
performed by the Department to carry
out these activities. Because many of
these records are currently maintained
in the systems of records entitled Title
IV Program Files (18–11–05) and
Student Financial Assistance Collection
Files (18–11–07), the Department will
delete these other systems of records
after it has fully phased into the new
CSB system of records all of the records
that are currently maintained in these
systems of records. The Department
seeks comment on the proposed system
of records described in this notice, in
accordance with the requirements of the
Privacy Act.
DATES: We must receive your comments
on the proposed routine uses for the
system of records described in this
notice on or before February 22, 2006.
The Department has filed a report
describing the new system of records
covered by this notice with the Chair of
the Senate Committee on Homeland
Security and 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 18, 2006. This new
system of records will become effective
on the later date of: (1) the expiration of
the 40-day period for OMB review on
February 27, 2006; or (2) February 22,
2006, unless the system of records needs
to be changed as a result of public
comment or OMB review.
VerDate Aug<31>2005
13:01 Jan 20, 2006
Jkt 208001
Address all comments about
the proposed routine uses to Patricia
Dorn, Chief of Staff, Borrower Services,
Federal Student Aid, U.S. Department of
Education, 830 First Street, NE., Union
Center Plaza, room 42G4, Washington,
DC 20202–5345. If you prefer to send
comments through the Internet, use the
following address:
CSBSystemofRecords@ed.gov.
You must include the term ‘‘Common
Services for Borrowers’’ in the subject
line of your electronic message.
During and after the comment period,
you may inspect all public comments
about this notice in room 42H1, 4th
Floor, 830 First Street, NE., Washington,
DC, between the hours of 8 a.m. and
4:30 p.m., Eastern time, Monday
through Friday of each week except
Federal holidays.
ADDRESSES:
DEPARTMENT OF EDUCATION
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:
Patricia Dorn, Chief of Staff, Borrower
Services, Federal Student Aid, U.S.
Department of Education, Union Center
Plaza, 4th Floor, 830 First Street, NE.,
Washington, DC 20202–5345.
Telephone number: (202) 377–4359. If
you use a telecommunications device
for the deaf (TDD), you may call the
Federal Relay Service (FRS) 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.
SUPPLEMENTARY INFORMATION:
Introduction
The Privacy Act (5 U.S.C. 552a(e)(4))
requires the Department to publish in
the Federal Register this notice of a new
system of records maintained by the
Department. The Department’s
regulations implementing the Privacy
Act are contained in part 5b of title 34
of the Code of Federal Regulations
(CFR).
The Privacy Act applies to
information about individuals that is
maintained in a system of records from
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
3503
which individually identifiable
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-based, is called a ‘‘system of
records.’’ The Privacy Act requires each
agency to publish notices of new or
altered systems of records in the Federal
Register and to submit reports to the
Administrator of the Office of
Information and Regulatory Affairs,
OMB, the Chair of the House Committee
on Government Reform, and the Chair of
the Senate Committee on Homeland
Security and Governmental Affairs,
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 the 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/
index.html.
Dated: January 18, 2006.
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 the
Common Services for Borrowers system
of records to read as follows:
System Number: 18–11–16
SYSTEM NAME:
Common Services for Borrowers
(CSB).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Computer Sciences Corporation, 17
Deerfield Lane, Meriden, CT 06450.
See the Appendix to this notice for
additional system locations.
E:\FR\FM\23JAN1.SGM
23JAN1
3504
Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Notices
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system contains records on those
individuals who received a loan, or who
are otherwise obligated to repay a loan,
grant, or scholarship held and collected
by the Department of Education
(Department), which was made under
(1) the Federal Family Education Loan
(FFEL) Program (formerly the
Guaranteed Student Loan Program
(GSL), including Stafford Loans, Federal
Insured Student Loans (FISL),
Supplemental Loans for Students (SLS),
PLUS Loans (formerly Parental Loans
for Undergraduate Students), and
Consolidation Loans); (2) the William D.
Ford Federal Direct Loan (Direct Loan)
Program (formerly known as the Federal
Direct Student Loan Program (FDSLP),
Federal Direct Unsubsidized and
Subsidized Stafford/Ford Loans, Federal
Direct Consolidation Loans, and Federal
Direct PLUS Loans); (3) the Federal
Perkins Loan Program (formerly known
as National Direct/Defense Student
Loans (NDSL)); (4) the Federal Pell
Grant Program; (5) the Federal
Supplemental Educational Opportunity
Grant Program (FSEOG); (6) the
Leveraging Educational Assistance
Partnership (LEAP) Program; (7) the
Special Leveraging Educational
Assistance Partnership (SLEAP)
Program; (8) the Paul Douglas Teacher
Scholarship Program; and (9) the
Teacher Quality Recruitment
Scholarship Program. This system also
contains records on individuals who
apply for, but do not receive a Direct
Loan, as well as individuals identified
by the borrower or recipient of the loan,
grant, or scholarship as references or as
household members whose income and
expenses are considered in connection
with the making or enforcement of the
grant, scholarship or loan.
erjones on PROD1PC61 with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records will
consolidate the system of records for all
activities the Department carries out
with regard to making and servicing
loans, including collecting or otherwise
resolving obligations owed by an
individual under the Higher Education
Act of 1965, as amended (HEA). The
system contains records including such
information as the employment
information, educational status, family
income, social security number,
address, e-mail address, and telephone
numbers of those individuals obligated
on the debt or whose income and
expenses are included in a financial
statement submitted by the individual.
This system also contains records
regarding the application for, agreement
to repay, and disbursements on the loan,
VerDate Aug<31>2005
13:01 Jan 20, 2006
Jkt 208001
and loan guaranty, if any; the repayment
history, including deferments and
forbearances; claims by lenders on the
loan guaranty; cancellation or
discharges on grounds of qualifying
service, bankruptcy discharge, disability
(including medical records submitted to
support application for discharge by
reason of disability), death, or other
statutory or regulatory grounds for
relief.
Additionally, this system contains
records regarding the amount, terms,
and period of scholarships, the entity
that awarded the scholarship, the
amount and percentage of time the
recipient spends teaching, and
information about the employing school
and the school district. For grant
overpayments, the system contains
records about the amount disbursed, the
school that disbursed the grant, and the
basis for overpayment; for all debts, the
system contains demographic,
employment, and other data on the
individuals obligated on the debt or
provided as references by the obligor,
and the collection actions taken by any
holder, including write-off and
compromise.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Titles II, IV–A, IV–B, IV–D, IV–E and
V–C of the HEA (20 U.S.C. 1024, 1070a,
1070b–1070b–4, 1070c–1070c–4,
1070c–3a, 1071–1087–4, 1087a–1087j,
and 1087aa–1087ii, and 1104 (1998); 31
U.S.C. Chapter 37).
PURPOSE(S):
The information contained in the
records maintained in this system is
used for the following reasons:
• To verify the identity of an
individual.
• To determine program eligibility
and benefits.
• To facilitate default reduction
efforts by program participants.
• To enforce the conditions or terms
of a loan, grant, or scholarship.
• To make, service, collect, assign,
adjust, or discharge a loan or collect a
grant or scholarship obligation.
• To counsel a debtor in repayment
efforts.
• To investigate possible fraud and
verify compliance with program
regulations.
• To locate a delinquent or defaulted
borrower, or an individual obligated to
repay a loan, grant, or scholarship.
• To prepare a debt for litigation,
provide support services for litigation
on a debt, litigate a debt, and audit the
results of litigation on a debt.
• To prepare for, conduct, or enforce
a limitation, suspension, termination, or
debarment action.
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
• To ensure that program
requirements are met by educational
and financial institutions and guaranty
agencies.
• To verify whether a debt qualifies
for discharge or cancellation.
• To conduct credit checks and
respond to inquiries or disputes arising
from information on the debt already
furnished to a credit-reporting agency.
• To investigate complaints, update
information, and correct errors
contained in Department records.
• To refund credit balances back to
the individual or loan holder.
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 information in
the record was collected. These
disclosures may be made on a case-bycase basis or, if the Department has
complied with the computer matching
requirements of the Privacy Act, under
computer matching agreements.
(1) Program Disclosures. The
Department may disclose records for the
following program purposes:
(a) To verify the identity of the
individual whom the records indicate
has applied for or received the loan,
grant, or scholarship, disclosures may
be made to guaranty agencies,
educational and financial institutions,
and to their authorized representatives;
to Federal, State, or local agencies; to
private parties such as relatives,
business and personal associates, and
present and former employers; to
creditors; to consumer reporting
agencies; to adjudicative bodies; and to
the individual whom the records
identify as the party obligated to repay
the debt.
(b) To determine program eligibility
and benefits, disclosures may be made
to guaranty agencies, educational and
financial institutions, and to their
authorized representatives; to Federal,
State, or local agencies; to private
parties such as relatives, business and
personal associates, and present and
former employers; to creditors; to
consumer reporting agencies; and to
adjudicative bodies.
(c) To facilitate default reduction
efforts by program participants,
disclosures may be made to guaranty
agencies, educational and financial
institutions, and to their authorized
representatives; to Federal, State, or
local agencies; to consumer reporting
agencies; and to adjudicative bodies.
E:\FR\FM\23JAN1.SGM
23JAN1
erjones on PROD1PC61 with NOTICES
Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Notices
(d) To enforce the conditions or terms
of the loan, grant or scholarship,
disclosures may be made to guaranty
agencies, educational and financial
institutions, and to their authorized
representatives; to Federal, State, or
local agencies; to private parties such as
relatives, business and personal
associates, and present and former
employers; to creditors; to consumer
reporting agencies; and to adjudicative
bodies.
(e) To permit making, servicing,
collecting, assigning, adjusting, or
discharging a loan, or collecting a grant
or scholarship obligation, disclosures
may be made to guaranty agencies,
educational institutions, or financial
institutions that made, held, serviced, or
have been assigned the debt, and to
their authorized representatives; to a
party identified by the debtor as willing
to advance funds to repay the debt; to
Federal, State, or local agencies; to
private parties such as relatives,
business and personal associates, and
present and former employers; to
creditors; to consumer reporting
agencies; and to adjudicative bodies.
(f) To counsel a debtor in repayment
efforts, disclosures may be made to
guaranty agencies, educational and
financial institutions, and to their
authorized representatives; and to
Federal, State, or local agencies.
(g) To investigate possible fraud and
verify compliance with program
regulations, disclosures may be made to
guaranty agencies, educational and
financial institutions, and their
authorized representatives; to Federal,
State, or local agencies; to private
parties such as relatives, present and
former employers and creditors, and
business and personal associates; to
consumer reporting agencies; and to
adjudicative bodies.
(h) To locate a delinquent or defaulted
borrower, or an individual obligated to
repay a loan, grant or scholarship,
disclosures may be made to guaranty
agencies, educational and financial
institutions, and to their authorized
representatives; to Federal, State, or
local agencies; to private parties such as
relatives, business and personal
associates, and present and former
employers; to creditors; to consumer
reporting agencies; and to adjudicative
bodies.
(i) To prepare a debt for litigation, to
provide support services for litigation
on a debt, to litigate a debt, and to audit
the results of litigation on a debt,
disclosures may be made to guaranty
agencies and their authorized
representatives; to Federal, State, or
local agencies; and to adjudicative
bodies.
VerDate Aug<31>2005
13:01 Jan 20, 2006
Jkt 208001
(j) To prepare for, conduct, or enforce
a limitation, suspension, and
termination (LS&T) or a debarment
action, disclosures may be made to
guaranty agencies, educational or
financial institutions, and to their
authorized representatives; to Federal,
State, or local agencies; and to
adjudicative bodies.
(k) To ensure that HEA program
requirements are met by educational
institutions, financial institutions, and
guaranty agencies, disclosures may be
made to guaranty agencies, educational
or financial institutions, to their
authorized representatives, and to
auditors engaged to conduct an audit of
a guaranty agency or an educational or
financial institution; to Federal, State, or
local agencies or accrediting agencies;
and to adjudicative bodies.
(l) To verify whether a debt qualifies
for discharge or cancellation,
disclosures may be made to guaranty
agencies, educational and financial
institutions, and to their authorized
representatives; to Federal, State, or
local agencies; to private parties such as
relatives, present and former employers
and creditors, and business and
personal associates; to consumer
reporting agencies; and to adjudicative
bodies.
(m) To conduct credit checks and to
respond to inquiries or disputes arising
from information on the debt already
furnished to a credit reporting agency,
disclosures may be made to credit
reporting agencies; to guaranty agencies,
educational and financial institutions,
and to their authorized representatives;
to Federal, State, or local agencies; to
private parties such as relatives, present
and former employers and creditors,
and business and personal associates;
and to adjudicative bodies.
(n) To investigate complaints, to
update information and correct errors
contained in Department records,
disclosures may be made to guaranty
agencies, educational and financial
institutions, and to their authorized
representatives; to Federal, State, or
local agencies; to private parties such as
relatives, present and former employers
and creditors, and business and
personal associates; to credit reporting
agencies; and to adjudicative bodies.
(o) To refund credit balances that are
processed through the Department’s
systems, as well as the Department of
Treasury’s payment applications, back
to the individual or loan holder,
disclosures may be made to guaranty
agencies, educational and financial
institutions, and to their authorized
representatives; to Federal, State, or
local agencies; and to private parties
such as relatives, present and former
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
3505
employers and creditors, and business
and personal associates.
(2) Feasibility Study Disclosure. The
Department may disclose information
from this system of records to other
Federal agencies and to guaranty
agencies, and to their authorized
representatives, to determine whether
computer matching programs should be
conducted by the Department regarding
an individual’s application for student
financial assistance or compliance with
the terms of such assistance, under a
program administered by the
Department. These computer matching
programs may be used to determine
program eligibility and benefits,
facilitate default reduction efforts,
enforce the conditions and terms of a
loan or grant, permit the servicing and
collecting of the loan or grant, enforce
debarment, suspension, and
exclusionary actions, counsel the
individual in repayment efforts,
investigate possible fraud and verify
compliance with program regulations,
locate a delinquent or defaulted debtor,
and initiate legal action against an
individual involved in program fraud or
abuse.
(3) Disclosure for Use by Other Law
Enforcement Agencies. The Department
may disclose information to any
Federal, State, local, or foreign agency
or other public authority 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 receiving entity’s jurisdiction.
(4) 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.
(5) Litigation and Alternative Dispute
Resolution (ADR) Disclosure.
(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:
E:\FR\FM\23JAN1.SGM
23JAN1
erjones on PROD1PC61 with NOTICES
3506
Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Notices
(i) The Department or any of its
components; 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 been
requested to or has agreed to provide or
arrange for representation for the
employee;
(iv) Any Department employee in his
or her individual capacity where the
Department 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 DOJ. If the
Department determines that disclosure
of certain records to the DOJ is relevant
and necessary to litigation or ADR, the
Department may disclose those records
as a routine use to the DOJ.
(c) Adjudicative Disclosure. If the
Department determines that disclosure
of certain records to an adjudicative
body before which the Department is
authorized to appear, an individual, or
an 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,
or Witnesses. If the Department
determines that disclosure of certain
records to a party, counsel,
representative or witness is relevant and
necessary to the litigation or ADR, the
Department may disclose those records
as a routine use to the party, counsel,
representative, or witness.
(6) Employment, Benefit, and
Contracting Disclosure.
(a) For 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 Department 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) For 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
VerDate Aug<31>2005
13:01 Jan 20, 2006
Jkt 208001
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.
(7) Employee Grievance, Complaint or
Conduct Disclosure. If a record is
relevant and necessary to an employee
grievance, complaint, or disciplinary
action, the Department may disclose the
record in the course of investigation,
fact-finding, or adjudication to any
witness, designated fact-finder,
mediator, or other person designated to
resolve issues or decide the matter.
(8) Labor Organization Disclosure.
The Department may disclose a record
from this system of records to an
arbitrator to resolve disputes under a
negotiated grievance procedure or to
officials of a labor organization
recognized under 5 U.S.C. Chapter 71
when relevant and necessary to their
duties of exclusive representation.
(9) Freedom of Information Act
(FOIA) Advice Disclosure. The
Department may disclose records to the
DOJ and the OMB if the Department
concludes that disclosure is desirable or
necessary in determining whether
particular records are required to be
disclosed under the FOIA.
(10) 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.
(11) 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.
(12) Research Disclosure. The
Department may disclose records to a
researcher if the Chief of Staff of
Borrower Services 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
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
Privacy Act safeguards with respect to
the disclosed records.
(13) Congressional Member
Disclosure. The Department may
disclose the records of an individual to
a member of Congress and his/her staff
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
the inquiry.
(14) Disclosure to OMB for Credit
Reform Act (CRA) Support. The
Department may disclose records to
OMB as necessary to fulfill CRA
requirements.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), the
Department may disclose to a consumer
reporting agency information regarding
a claim by the Department that is
determined to be valid and overdue;
such information is limited to: (1) The
name, address, taxpayer identification
number, and other information
necessary to establish the identity of the
individual responsible for the claim; (2)
the amount, status, and history of the
claim; and (3) 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 31 U.S.C. 3711(e). A
consumer reporting agency to which
these disclosures may be made is
defined in 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in
hardcopy, microfilm, magnetic storage
and optical storage media, such as tape,
disk, etc.
RETRIEVABILITY:
Records in this system are retrievable
by social security number or name of
the borrower.
SAFEGUARDS:
All physical access to the
Department’s site, and the sites of the
Department’s 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.
In accordance with the Department’s
Administrative Communications System
Directive OM: 5–101 entitled
‘‘Contractor Employee Personnel
Security Screenings,’’ all contract and
E:\FR\FM\23JAN1.SGM
23JAN1
Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Notices
Department personnel who have facility
access and system access are required to
undergo a security clearance
investigation. Individuals requiring
access to Privacy Act data are required
to hold, at a minimum, a moderate-risk
security clearance level. These
individuals are required to undergo
periodic screening at five-year intervals.
In addition to conducting security
clearances, contract and Department
employees are required to complete
security awareness training on an
annual basis. Annual security awareness
training is required to ensure that
contract and Department users are
appropriately trained in safeguarding
Privacy Act data in accordance with
OMB Circular No. A–130, Appendix III.
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
identification. The Department’s Federal
Student Aid Information Security and
Privacy Policy requires the enforcement
of a complex password policy. In
addition to the enforcement of the
complex password policy, users are
required to change their password at
least every 60 to 90 days in accordance
with the Department’s information
technology standards.
At the principal site of the
Department’s contractor in Meriden,
Connecticut, additional physical
security measures are in place and
access is monitored 24 hours per day, 7
days a week.
RETENTION AND DISPOSAL:
Records are retained for five years
after the debt is paid in full or otherwise
closed out, and thereafter disposed of.
SYSTEM MANAGER AND ADDRESS:
General Manager, Borrower Services,
Federal Student Aid, U.S. Department of
Education, 830 First Street, NE., Union
Center Plaza, 4th Floor, Washington, DC
20202–5345.
erjones on PROD1PC61 with NOTICES
NOTIFICATION PROCEDURE:
If you wish to determine whether a
record exists regarding you in the
system of records, provide the system
manager with your name, date of birth
and social security number. Requests
must meet the requirements of the
regulations in 34 CFR 5b.5, including
proof of identity.
VerDate Aug<31>2005
13:01 Jan 20, 2006
Jkt 208001
RECORD ACCESS PROCEDURE:
If you wish to gain access to a record
in this system, provide the system
manager with your name, date of birth,
and social security number. Requests by
an individual for access to a record must
meet the requirements of the regulations
in 34 CFR 5b.5, including proof of
identity.
CONTESTING RECORD PROCEDURE:
If you wish to change the content of
a record regarding you in the system of
records, contact the system manager
with your name, date of birth, and social
security number, identify the specific
items to be changed; and provide a
written justification for the change.
Requests to amend a record must meet
the requirements of the regulations in 34
CFR 5b.7.
RECORD SOURCE CATEGORIES:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Appendix to 18–11–16 Additional
System Locations
Additional System Locations
U.S. Department of Education, 830 First
Street, NE., UCP, Washington, DC 20202–
5345.
U.S. Department of Education, 50 United
Nations Plaza, San Francisco, CA 94102.
U.S. Department of Education, 111 North
Canal Street, Chicago, IL 60606.
U.S. Department of Education, 61 Forsyth
Street, Atlanta, GA 30303.
Pearson Government Solutions, 3833
Greenway Drive, Lawrence, KS 66046–
5441.
Pearson Government Solutions, 2400
Oakdale Boulevard, Coralville, IA 52241.
ACS Education Services, Inc., 501 Bleecker
Street, Utica, NY 13501.
ACS Education Services, Inc., 401 34th
Street, Bakersfield, CA 93301.
ACS Education Services, Inc., 2277 East
220th Street, Long Beach, CA 90810.
ACS Education Services, Inc., 2505 S. Finley
Road, Suite 100, Lombard, IL 60148–4866.
ACS Education Solutions, LLC, 12410
Milestone Center Drive, Germantown, MD
20876.
Frm 00054
Fmt 4703
Sfmt 4703
ACS Education Solutions, LLC, 1 Curie
Court, Rockville, MD 20850.
Electronic Data Systems Corporation, 5th
Floor, 10100 Linn Station Road, Louisville,
KY 40223.
Electronic Data Systems Corporation, 5th
Floor, 474 South Court Street,
Montgomery, AL 36104.
Raytheon Company, 6201 I–30, Greenville,
TX 75403.
Affiliated Computer Services, Inc., 2828 N.
Haskell Avenue, Building 5, 2nd Floor,
Dallas, TX 75204.
ABR Services, Inc., 14847 Persistence Drive,
Woodbridge, VA 22191.
ACS Print and Mail Services (Data Direct),
11475 Reeck Road, Southgate, MI 48195.
EU Services, 649 North Horners Lane,
Rockville, MD 20850.
ACS State Healthcare Solutions, 9040
Roswell Road, Suite 700, Atlanta, GA
30350.
[FR Doc. E6–746 Filed 1–20–06; 8:45 am]
BILLING CODE 4000–01–P
The system includes information that
the Department obtains from applicants
and those individuals and their families
who received a loan, or who are
otherwise obligated to repay, a loan,
grant, or scholarship held and collected
by the Department. The Department also
obtains information from references,
guaranty agencies, educational and
financial institutions, and their
authorized representatives, Federal,
State, or local agencies, private parties
such as relatives, business and personal
associates, and present and former
employers; creditors, consumer
reporting agencies, and adjudicative
bodies.
PO 00000
3507
DEPARTMENT OF ENERGY
Environmental Management SiteSpecific Advisory Board, Oak Ridge
Reservation
Department of Energy.
Notice of open meeting.
AGENCY:
ACTION:
SUMMARY: This notice announces a
meeting of the Environmental
Management Site-Specific Advisory
Board (EM SSAB), Oak Ridge
Reservation. The Federal Advisory
Committee Act (Pub. L. No. 92–463, 86
Stat. 770) requires that public notice of
this meeting be announced in the
Federal Register.
DATES: Wednesday, February 8, 2006, at
6 p.m.
ADDRESSES: DOE Information Center,
475 Oak Ridge Turnpike, Oak Ridge,
Tennessee.
Pat
Halsey, Federal Coordinator,
Department of Energy Oak Ridge
Operations Office, P.O. Box 2001, EM–
90, Oak Ridge, TN 37831. Phone (865)
576–4025; Fax (865) 576–5333 or e-mail:
halseypj@oro.doe.gov or check the Web
site at https://www.oakridge.doe.gov/em/
ssab.
SUPPLEMENTARY INFORMATION:
Purpose of the Board: The purpose of
the Board is to make recommendations
to DOE in the areas of environmental
restoration, waste management, and
related activities.
Tentative Agenda: Strategic Planning
for East Tennessee Technology Park
Following Cleanup.
Public Participation: The meeting is
open to the public. Written statements
may be filed with the Board either
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\23JAN1.SGM
23JAN1
Agencies
[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Notices]
[Pages 3503-3507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-746]
[[Page 3503]]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records--Common Services for
Borrowers
AGENCY: Federal Student Aid, Department of Education.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended,
(Privacy Act), the Chief Operating Officer for Federal Student Aid of
the U.S. Department of Education (Department) publishes this notice of
a new system of records entitled the Common Services for Borrowers
(CSB) system (18-11-16). Over the next three to four years, the
Department will consolidate the activities it carries out with regard
to making and servicing loans, and collecting or otherwise resolving
obligations owed by an individual with respect to a loan, grant, or
scholarship program authorized by the Higher Education Act of 1965, as
amended (HEA). The CSB system will contain records of an individual's
loan, grant, or scholarship and of transactions performed by the
Department to carry out these activities. Because many of these records
are currently maintained in the systems of records entitled Title IV
Program Files (18-11-05) and Student Financial Assistance Collection
Files (18-11-07), the Department will delete these other systems of
records after it has fully phased into the new CSB system of records
all of the records that are currently maintained in these systems of
records. The Department seeks comment on the proposed system of records
described in this notice, in accordance with the requirements of the
Privacy Act.
DATES: We must receive your comments on the proposed routine uses for
the system of records described in this notice on or before February
22, 2006.
The Department has filed a report describing the new system of
records covered by this notice with the Chair of the Senate Committee
on Homeland Security and 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 18, 2006. This new system of records will become
effective on the later date of: (1) the expiration of the 40-day period
for OMB review on February 27, 2006; or (2) February 22, 2006, unless
the system of records needs to be changed as a result of public comment
or OMB review.
ADDRESSES: Address all comments about the proposed routine uses to
Patricia Dorn, Chief of Staff, Borrower Services, Federal Student Aid,
U.S. Department of Education, 830 First Street, NE., Union Center
Plaza, room 42G4, Washington, DC 20202-5345. If you prefer to send
comments through the Internet, use the following address:
CSBSystemofRecords@ed.gov.
You must include the term ``Common Services for Borrowers'' in the
subject line of your electronic message.
During and after the comment period, you may inspect all public
comments about this notice in room 42H1, 4th Floor, 830 First Street,
NE., Washington, DC, between the hours of 8 a.m. and 4:30 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: Patricia Dorn, Chief of Staff,
Borrower Services, Federal Student Aid, U.S. Department of Education,
Union Center Plaza, 4th Floor, 830 First Street, NE., Washington, DC
20202-5345. Telephone number: (202) 377-4359. If you use a
telecommunications device for the deaf (TDD), you may call the Federal
Relay Service (FRS) 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.
SUPPLEMENTARY INFORMATION:
Introduction
The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to
publish in the Federal Register this notice of a new system of records
maintained by the Department. The Department's regulations implementing
the Privacy Act are contained in part 5b of title 34 of the Code of
Federal Regulations (CFR).
The Privacy Act applies to information about individuals that is
maintained in a system of records from which individually identifiable
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-based, is called a ``system of records.'' The
Privacy Act requires each agency to publish notices of new or altered
systems of records in the Federal Register and to submit reports to the
Administrator of the Office of Information and Regulatory Affairs, OMB,
the Chair of the House Committee on Government Reform, and the Chair of
the Senate Committee on Homeland Security and Governmental Affairs,
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 the 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 18, 2006.
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 the Common Services for Borrowers system of records to read
as follows:
System Number: 18-11-16
System Name:
Common Services for Borrowers (CSB).
Security Classification:
None.
System Location:
Computer Sciences Corporation, 17 Deerfield Lane, Meriden, CT
06450.
See the Appendix to this notice for additional system locations.
[[Page 3504]]
Categories of Individuals Covered by the System:
This system contains records on those individuals who received a
loan, or who are otherwise obligated to repay a loan, grant, or
scholarship held and collected by the Department of Education
(Department), which was made under (1) the Federal Family Education
Loan (FFEL) Program (formerly the Guaranteed Student Loan Program
(GSL), including Stafford Loans, Federal Insured Student Loans (FISL),
Supplemental Loans for Students (SLS), PLUS Loans (formerly Parental
Loans for Undergraduate Students), and Consolidation Loans); (2) the
William D. Ford Federal Direct Loan (Direct Loan) Program (formerly
known as the Federal Direct Student Loan Program (FDSLP), Federal
Direct Unsubsidized and Subsidized Stafford/Ford Loans, Federal Direct
Consolidation Loans, and Federal Direct PLUS Loans); (3) the Federal
Perkins Loan Program (formerly known as National Direct/Defense Student
Loans (NDSL)); (4) the Federal Pell Grant Program; (5) the Federal
Supplemental Educational Opportunity Grant Program (FSEOG); (6) the
Leveraging Educational Assistance Partnership (LEAP) Program; (7) the
Special Leveraging Educational Assistance Partnership (SLEAP) Program;
(8) the Paul Douglas Teacher Scholarship Program; and (9) the Teacher
Quality Recruitment Scholarship Program. This system also contains
records on individuals who apply for, but do not receive a Direct Loan,
as well as individuals identified by the borrower or recipient of the
loan, grant, or scholarship as references or as household members whose
income and expenses are considered in connection with the making or
enforcement of the grant, scholarship or loan.
Categories of Records in the System:
This system of records will consolidate the system of records for
all activities the Department carries out with regard to making and
servicing loans, including collecting or otherwise resolving
obligations owed by an individual under the Higher Education Act of
1965, as amended (HEA). The system contains records including such
information as the employment information, educational status, family
income, social security number, address, e-mail address, and telephone
numbers of those individuals obligated on the debt or whose income and
expenses are included in a financial statement submitted by the
individual. This system also contains records regarding the application
for, agreement to repay, and disbursements on the loan, and loan
guaranty, if any; the repayment history, including deferments and
forbearances; claims by lenders on the loan guaranty; cancellation or
discharges on grounds of qualifying service, bankruptcy discharge,
disability (including medical records submitted to support application
for discharge by reason of disability), death, or other statutory or
regulatory grounds for relief.
Additionally, this system contains records regarding the amount,
terms, and period of scholarships, the entity that awarded the
scholarship, the amount and percentage of time the recipient spends
teaching, and information about the employing school and the school
district. For grant overpayments, the system contains records about the
amount disbursed, the school that disbursed the grant, and the basis
for overpayment; for all debts, the system contains demographic,
employment, and other data on the individuals obligated on the debt or
provided as references by the obligor, and the collection actions taken
by any holder, including write-off and compromise.
Authority for Maintenance of the System:
Titles II, IV-A, IV-B, IV-D, IV-E and V-C of the HEA (20 U.S.C.
1024, 1070a, 1070b-1070b-4, 1070c-1070c-4, 1070c-3a, 1071-1087-4,
1087a-1087j, and 1087aa-1087ii, and 1104 (1998); 31 U.S.C. Chapter 37).
Purpose(s):
The information contained in the records maintained in this system
is used for the following reasons:
To verify the identity of an individual.
To determine program eligibility and benefits.
To facilitate default reduction efforts by program
participants.
To enforce the conditions or terms of a loan, grant, or
scholarship.
To make, service, collect, assign, adjust, or discharge a
loan or collect a grant or scholarship obligation.
To counsel a debtor in repayment efforts.
To investigate possible fraud and verify compliance with
program regulations.
To locate a delinquent or defaulted borrower, or an
individual obligated to repay a loan, grant, or scholarship.
To prepare a debt for litigation, provide support services
for litigation on a debt, litigate a debt, and audit the results of
litigation on a debt.
To prepare for, conduct, or enforce a limitation,
suspension, termination, or debarment action.
To ensure that program requirements are met by educational
and financial institutions and guaranty agencies.
To verify whether a debt qualifies for discharge or
cancellation.
To conduct credit checks and respond to inquiries or
disputes arising from information on the debt already furnished to a
credit-reporting agency.
To investigate complaints, update information, and correct
errors contained in Department records.
To refund credit balances back to the individual or loan
holder.
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 information in 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 computer matching agreements.
(1) Program Disclosures. The Department may disclose records for
the following program purposes:
(a) To verify the identity of the individual whom the records
indicate has applied for or received the loan, grant, or scholarship,
disclosures may be made to guaranty agencies, educational and financial
institutions, and to their authorized representatives; to Federal,
State, or local agencies; to private parties such as relatives,
business and personal associates, and present and former employers; to
creditors; to consumer reporting agencies; to adjudicative bodies; and
to the individual whom the records identify as the party obligated to
repay the debt.
(b) To determine program eligibility and benefits, disclosures may
be made to guaranty agencies, educational and financial institutions,
and to their authorized representatives; to Federal, State, or local
agencies; to private parties such as relatives, business and personal
associates, and present and former employers; to creditors; to consumer
reporting agencies; and to adjudicative bodies.
(c) To facilitate default reduction efforts by program
participants, disclosures may be made to guaranty agencies, educational
and financial institutions, and to their authorized representatives; to
Federal, State, or local agencies; to consumer reporting agencies; and
to adjudicative bodies.
[[Page 3505]]
(d) To enforce the conditions or terms of the loan, grant or
scholarship, disclosures may be made to guaranty agencies, educational
and financial institutions, and to their authorized representatives; to
Federal, State, or local agencies; to private parties such as
relatives, business and personal associates, and present and former
employers; to creditors; to consumer reporting agencies; and to
adjudicative bodies.
(e) To permit making, servicing, collecting, assigning, adjusting,
or discharging a loan, or collecting a grant or scholarship obligation,
disclosures may be made to guaranty agencies, educational institutions,
or financial institutions that made, held, serviced, or have been
assigned the debt, and to their authorized representatives; to a party
identified by the debtor as willing to advance funds to repay the debt;
to Federal, State, or local agencies; to private parties such as
relatives, business and personal associates, and present and former
employers; to creditors; to consumer reporting agencies; and to
adjudicative bodies.
(f) To counsel a debtor in repayment efforts, disclosures may be
made to guaranty agencies, educational and financial institutions, and
to their authorized representatives; and to Federal, State, or local
agencies.
(g) To investigate possible fraud and verify compliance with
program regulations, disclosures may be made to guaranty agencies,
educational and financial institutions, and their authorized
representatives; to Federal, State, or local agencies; to private
parties such as relatives, present and former employers and creditors,
and business and personal associates; to consumer reporting agencies;
and to adjudicative bodies.
(h) To locate a delinquent or defaulted borrower, or an individual
obligated to repay a loan, grant or scholarship, disclosures may be
made to guaranty agencies, educational and financial institutions, and
to their authorized representatives; to Federal, State, or local
agencies; to private parties such as relatives, business and personal
associates, and present and former employers; to creditors; to consumer
reporting agencies; and to adjudicative bodies.
(i) To prepare a debt for litigation, to provide support services
for litigation on a debt, to litigate a debt, and to audit the results
of litigation on a debt, disclosures may be made to guaranty agencies
and their authorized representatives; to Federal, State, or local
agencies; and to adjudicative bodies.
(j) To prepare for, conduct, or enforce a limitation, suspension,
and termination (LS&T) or a debarment action, disclosures may be made
to guaranty agencies, educational or financial institutions, and to
their authorized representatives; to Federal, State, or local agencies;
and to adjudicative bodies.
(k) To ensure that HEA program requirements are met by educational
institutions, financial institutions, and guaranty agencies,
disclosures may be made to guaranty agencies, educational or financial
institutions, to their authorized representatives, and to auditors
engaged to conduct an audit of a guaranty agency or an educational or
financial institution; to Federal, State, or local agencies or
accrediting agencies; and to adjudicative bodies.
(l) To verify whether a debt qualifies for discharge or
cancellation, disclosures may be made to guaranty agencies, educational
and financial institutions, and to their authorized representatives; to
Federal, State, or local agencies; to private parties such as
relatives, present and former employers and creditors, and business and
personal associates; to consumer reporting agencies; and to
adjudicative bodies.
(m) To conduct credit checks and to respond to inquiries or
disputes arising from information on the debt already furnished to a
credit reporting agency, disclosures may be made to credit reporting
agencies; to guaranty agencies, educational and financial institutions,
and to their authorized representatives; to Federal, State, or local
agencies; to private parties such as relatives, present and former
employers and creditors, and business and personal associates; and to
adjudicative bodies.
(n) To investigate complaints, to update information and correct
errors contained in Department records, disclosures may be made to
guaranty agencies, educational and financial institutions, and to their
authorized representatives; to Federal, State, or local agencies; to
private parties such as relatives, present and former employers and
creditors, and business and personal associates; to credit reporting
agencies; and to adjudicative bodies.
(o) To refund credit balances that are processed through the
Department's systems, as well as the Department of Treasury's payment
applications, back to the individual or loan holder, disclosures may be
made to guaranty agencies, educational and financial institutions, and
to their authorized representatives; to Federal, State, or local
agencies; and to private parties such as relatives, present and former
employers and creditors, and business and personal associates.
(2) Feasibility Study Disclosure. The Department may disclose
information from this system of records to other Federal agencies and
to guaranty agencies, and to their authorized representatives, to
determine whether computer matching programs should be conducted by the
Department regarding an individual's application for student financial
assistance or compliance with the terms of such assistance, under a
program administered by the Department. These computer matching
programs may be used to determine program eligibility and benefits,
facilitate default reduction efforts, enforce the conditions and terms
of a loan or grant, permit the servicing and collecting of the loan or
grant, enforce debarment, suspension, and exclusionary actions, counsel
the individual in repayment efforts, investigate possible fraud and
verify compliance with program regulations, locate a delinquent or
defaulted debtor, and initiate legal action against an individual
involved in program fraud or abuse.
(3) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority 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 receiving entity's jurisdiction.
(4) 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.
(5) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
(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:
[[Page 3506]]
(i) The Department or any of its components; 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 been requested to or has agreed to
provide or arrange for representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the Department 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 DOJ. If the Department determines that
disclosure of certain records to the DOJ is relevant and necessary to
litigation or ADR, the Department may disclose those records as a
routine use to the DOJ.
(c) Adjudicative Disclosure. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual, or an 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, or Witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness is relevant and necessary to the
litigation or ADR, the Department may disclose those records as a
routine use to the party, counsel, representative, or witness.
(6) Employment, Benefit, and Contracting Disclosure.
(a) For 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 Department 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) For 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.
(7) Employee Grievance, Complaint or Conduct Disclosure. If a
record is relevant and necessary to an employee grievance, complaint,
or disciplinary action, the Department may disclose the record in the
course of investigation, fact-finding, or adjudication to any witness,
designated fact-finder, mediator, or other person designated to resolve
issues or decide the matter.
(8) Labor Organization Disclosure. The Department may disclose a
record from this system of records to an arbitrator to resolve disputes
under a negotiated grievance procedure or to officials of a labor
organization recognized under 5 U.S.C. Chapter 71 when relevant and
necessary to their duties of exclusive representation.
(9) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the DOJ and the OMB if the
Department concludes that disclosure is desirable or necessary in
determining whether particular records are required to be disclosed
under the FOIA.
(10) 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.
(11) 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.
(12) Research Disclosure. The Department may disclose records to a
researcher if the Chief of Staff of Borrower Services 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.
(13) Congressional Member Disclosure. The Department may disclose
the records of an individual to a member of Congress and his/her staff
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 the inquiry.
(14) Disclosure to OMB for Credit Reform Act (CRA) Support. The
Department may disclose records to OMB as necessary to fulfill CRA
requirements.
Disclosure to Consumer Reporting Agencies:
Pursuant to 5 U.S.C. 552a(b)(12), the Department may disclose to a
consumer reporting agency information regarding a claim by the
Department that is determined to be valid and overdue; such information
is limited to: (1) The name, address, taxpayer identification number,
and other information necessary to establish the identity of the
individual responsible for the claim; (2) the amount, status, and
history of the claim; and (3) 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 31 U.S.C.
3711(e). A consumer reporting agency to which these disclosures may be
made is defined in 31 U.S.C. 3701(a)(3).
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
The records are maintained in hardcopy, microfilm, magnetic storage
and optical storage media, such as tape, disk, etc.
Retrievability:
Records in this system are retrievable by social security number or
name of the borrower.
Safeguards:
All physical access to the Department's site, and the sites of the
Department's 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.
In accordance with the Department's Administrative Communications
System Directive OM: 5-101 entitled ``Contractor Employee Personnel
Security Screenings,'' all contract and
[[Page 3507]]
Department personnel who have facility access and system access are
required to undergo a security clearance investigation. Individuals
requiring access to Privacy Act data are required to hold, at a
minimum, a moderate-risk security clearance level. These individuals
are required to undergo periodic screening at five-year intervals.
In addition to conducting security clearances, contract and
Department employees are required to complete security awareness
training on an annual basis. Annual security awareness training is
required to ensure that contract and Department users are appropriately
trained in safeguarding Privacy Act data in accordance with OMB
Circular No. A-130, Appendix III.
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 identification. The Department's Federal
Student Aid Information Security and Privacy Policy requires the
enforcement of a complex password policy. In addition to the
enforcement of the complex password policy, users are required to
change their password at least every 60 to 90 days in accordance with
the Department's information technology standards.
At the principal site of the Department's contractor in Meriden,
Connecticut, additional physical security measures are in place and
access is monitored 24 hours per day, 7 days a week.
Retention and Disposal:
Records are retained for five years after the debt is paid in full
or otherwise closed out, and thereafter disposed of.
System Manager and Address:
General Manager, Borrower Services, Federal Student Aid, U.S.
Department of Education, 830 First Street, NE., Union Center Plaza, 4th
Floor, Washington, DC 20202-5345.
Notification Procedure:
If you wish to determine whether a record exists regarding you in
the system of records, provide the system manager with your name, date
of birth and social security number. Requests must meet the
requirements of the regulations in 34 CFR 5b.5, including proof of
identity.
Record Access Procedure:
If you wish to gain access to a record in this system, provide the
system manager with your name, date of birth, and social security
number. Requests by an individual for access to a record must meet the
requirements of the regulations in 34 CFR 5b.5, including proof of
identity.
Contesting Record Procedure:
If you wish to change the content of a record regarding you in the
system of records, contact the system manager with your name, date of
birth, and social security number, identify the specific items to be
changed; and provide a written justification for the change. Requests
to amend a record must meet the requirements of the regulations in 34
CFR 5b.7.
Record Source Categories:
The system includes information that the Department obtains from
applicants and those individuals and their families who received a
loan, or who are otherwise obligated to repay, a loan, grant, or
scholarship held and collected by the Department. The Department also
obtains information from references, guaranty agencies, educational and
financial institutions, and their authorized representatives, Federal,
State, or local agencies, private parties such as relatives, business
and personal associates, and present and former employers; creditors,
consumer reporting agencies, and adjudicative bodies.
Exemptions Claimed for the System:
None.
Appendix to 18-11-16 Additional System Locations
Additional System Locations
U.S. Department of Education, 830 First Street, NE., UCP,
Washington, DC 20202-5345.
U.S. Department of Education, 50 United Nations Plaza, San
Francisco, CA 94102.
U.S. Department of Education, 111 North Canal Street, Chicago, IL
60606.
U.S. Department of Education, 61 Forsyth Street, Atlanta, GA 30303.
Pearson Government Solutions, 3833 Greenway Drive, Lawrence, KS
66046-5441.
Pearson Government Solutions, 2400 Oakdale Boulevard, Coralville, IA
52241.
ACS Education Services, Inc., 501 Bleecker Street, Utica, NY 13501.
ACS Education Services, Inc., 401 34th Street, Bakersfield, CA
93301.
ACS Education Services, Inc., 2277 East 220th Street, Long Beach, CA
90810.
ACS Education Services, Inc., 2505 S. Finley Road, Suite 100,
Lombard, IL 60148-4866.
ACS Education Solutions, LLC, 12410 Milestone Center Drive,
Germantown, MD 20876.
ACS Education Solutions, LLC, 1 Curie Court, Rockville, MD 20850.
Electronic Data Systems Corporation, 5th Floor, 10100 Linn Station
Road, Louisville, KY 40223.
Electronic Data Systems Corporation, 5th Floor, 474 South Court
Street, Montgomery, AL 36104.
Raytheon Company, 6201 I-30, Greenville, TX 75403.
Affiliated Computer Services, Inc., 2828 N. Haskell Avenue, Building
5, 2nd Floor, Dallas, TX 75204.
ABR Services, Inc., 14847 Persistence Drive, Woodbridge, VA 22191.
ACS Print and Mail Services (Data Direct), 11475 Reeck Road,
Southgate, MI 48195.
EU Services, 649 North Horners Lane, Rockville, MD 20850.
ACS State Healthcare Solutions, 9040 Roswell Road, Suite 700,
Atlanta, GA 30350.
[FR Doc. E6-746 Filed 1-20-06; 8:45 am]
BILLING CODE 4000-01-P