Privacy Act of 1974; System of Records-Electronic Cohort Default Rate Appeals (eCDR Appeals), 174-177 [E7-25510]
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174
Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices
In accordance with section 10(d) of
the Federal Advisory Committee Act,
Public Law 92–463, as amended (5
U.S.C. App. 2) and 41 CFR 102–3.155,
the Department of Defense has
determined that these Defense Science
Board Quarterly meeting will be closed
to the public. Specifically, the Under
Secretary of Defense (Acquisition,
Technology and Logistics), with the
coordination of the DoD Office of
General Counsel, has determined in
writing that all sessions of these
meetings will be closed to the public
because they will be concerned
throughout with matters listed in 5
U.S.C. 552b(c)(1).
Interested persons may submit a
written statement for consideration by
the Defense Science Board. Individuals
submitting a written statement must
submit their statement to the Designated
Federal Official at the address detailed
below, at any point, however, if a
written statement is not received at least
10 calendar days prior to the meeting,
which is the subject of this notice, then
it may not be provided to or considered
by the Defense Science Board. The
Designated Federal Official will review
all timely submissions with the Defense
Science Board Chairperson, and ensure
they are provided to members of the
Defense Science Board before the
meeting that is the subject of this notice.
FOR FURTHER INFORMATION CONTACT: Ms.
Debra Rose, Executive Officer, Defense
Science Board, 3140 Defense Pentagon,
Room 3C553, Washington, DC 20301–
3140, via e-mail at debra.rose@osd.mil,
or via phone at (703) 571–0084.
Dated: December 21, 2007.
L.M. Bynum,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E7–25469 Filed 12–31–07; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Defense Science Board
Department of Defense.
Notice of advisory committee
meetings.
AGENCY:
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ACTION:
SUMMARY: The Defense Science Board
Task Force on Nuclear Deterrence Skills
will meet in closed session on January
17, 2008; at the 509th Bomber Wing,
Whitman AFB, MO; and on January 18,
2008; at the National Nuclear Security
Administration, Nevada Site Office, Las
Vegas, NV.
The mission of the Defense Science
Board is to advise the Secretary of
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Defense and the Under Secretary of
Defense for Acquisition, Technology &
Logistics on scientific and technical
matters as they affect the perceived
needs of the Department of Defense. At
these meetings, the Defense Science
Board Task Force will: Assess all
aspects of nuclear deterrent skills as
well as the progress Department of
Energy (DoE) has made since the
publication of the Chiles Commission
report.
In accordance with Section 10(d) of
the Federal Advisory Committee Act,
Public Law 92–463, as amended (5
U.S.C. App. II), it has been determined
that these Defense Science Board Task
Force meetings concern matters listed in
5 U.S.C. 552b(c)(1) and that,
accordingly, the meetings will be closed
to the public.
FOR FURTHER INFORMATION CONTRACT:
CDR Clifton Phillips, USN, Defense
Science Board, 3140 Defense Pentagon,
Room 3B888A, Washington, DC 20301–
3140, via e-mail at
clifton.phillips@osd.mil, or via phone at
(703) 571–0083.
Dated: December 21, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. E7–25470 Filed 12–31–07; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of
Records—Electronic Cohort Default
Rate Appeals (eCDR Appeals)
Federal Student Aid,
Department of Education.
ACTION: Notice of a new system of
records.
AGENCY:
SUMMARY: In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), the Department of
Education (Department) publishes this
notice of a new system of records
entitled ‘‘Electronic Cohort Default Rate
Appeals (eCDR Appeals)’’.
18–11–18
The eCDR Appeals system will be
used to process institution of higher
education cohort default rate challenges
and adjustment requests. The eCDR
Appeals system will also contain
records regarding borrowers who have
applied for and received loans under the
William D. Ford Federal Direct Loan
(Direct Loan) Program and the Federal
Family Education Loan (FFEL) Program.
The Department seeks comment on the
new system of records described in this
notice, in accordance with the
requirements of the Privacy Act.
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We must receive your comments
about this new system of records on or
before February 1, 2008.
The Department 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
Oversight and Government Reform, and
the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB) on December 27, 2007. This
system of records will become effective
at the later date of—(1) The expiration
of the 40-day period for OMB review on
February 5, 2008; or (2) February 1,
2008, unless the system of records needs
to be changed as a result of public
comment or OMB review.
ADDRESSES: Address all comments about
this new system of records to Donna
Bellflower, Default Prevention and
Management, Portfolio Performance
Management Staff, Federal Student Aid,
U.S. Department of Education, Union
Center Plaza, 830 First Street, NE., room
84B2, Washington, DC 20202–5353. If
you prefer to send comments through
the Internet, use the following address:
https://comments@ed.gov.
You must include the term ‘‘eCDR
Appeals’’ in the subject line of your
electronic message.
During and after the comment period,
you may inspect all comments about
this notice at the U.S. Department of
Education in room 84B2, Union Center
Plaza, 8th 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.
DATES:
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:
Donna Bellflower. Telephone number:
(202) 377–3196. If you use a
telecommunications device for the deaf
(TDD), call the Federal Relay Service
(FRS), toll free, at 1–800–877–8339.
Individuals with disabilities can
obtain this document in an alternative
format (e.g., Braille, large print,
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audiotape, or computer diskette) on
request to the contact person listed in
this section.
SUPPLEMENTARY INFORMATION:
Officer, Federal Student Aid, U.S.
Department of Education publishes a
notice of a new system of records, to
read as follows:
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 the Code of Federal
Regulations (CFR) in part 5b of title 34.
The Privacy Act applies to a record
about an individual that is maintained
in a system of records from which
individually identifying 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 a system of records notice in
the Federal Register and to submit,
whenever the agency publishes a new
system of records or makes a significant
change to an established system of
records, a report to the Administrator of
the Office of Information and Regulatory
Affairs, OMB. Each agency is also
required to send copies of the report to
the Chair of the Committee on Oversight
and Government Reform of the House of
Representatives, and to the Chair of the
Committee on Homeland Security and
Governmental Affairs of the Senate.
SYSTEM NUMBER:
Electronic Access to This Document
You can 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.
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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: December 27, 2007.
Lawrence A. Warder,
Acting Chief Operating Officer, Federal
Student Aid.
For the reasons discussed in the
preamble, the Acting Chief Operating
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18–11–18.
SYSTEM NAME:
Electronic Cohort Default Rate
Appeals (eCDR Appeals).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATIONS:
(1) Default Prevention and
Management, Portfolio Performance
Management Staff, Federal Student Aid,
U.S. Department of Education, Union
Center Plaza, 830 First Street, NE., room
84B2, Washington, DC 20202–5353.
(2) Perot Systems, 2300 W. Plano
Parkway, Plano, TX 75075.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The eCDR Appeals system contains
records on borrowers who have received
loans under the William D. Ford Federal
Direct Loan (Direct Loan) Program and
the Federal Family Education Loan
(FFEL) Program. Although the eCDR
Appeals system contains information
about institutions associated with
individuals, this system of records
notice pertains only to individuals
protected under the Privacy Act of 1974,
as amended.
CATEGORIES OF RECORDS IN THE SYSTEM:
The eCDR Appeals system contains
records regarding: (1) Student/borrower
identifier information including Social
Security number and name; (2) loan
information (e.g., last date of
attendance, date entered repayment,
default date) for each student/borrower
loan counted in the cohort default rate
of the institution of higher education
submitting the cohort default rate
challenge or adjustment request; and (3)
documentation submitted by an
institution of higher education or data
manager to support its data allegation
(e.g., enrollment verification, copies of
cancelled checks, etc.).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
20 U.S.C. 1082, 1085, 1094, 1099c.
PURPOSE(S):
The information contained in the
records maintained in this system is
used for the following purposes:
(1) To allow institutions of higher
education to electronically challenge
their draft cohort default rate data, and
electronically request an adjustment to
their official cohort default rate data via
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an uncorrected data adjustment or new
data adjustment request;
(2) To allow data managers to
electronically view and respond to
cohort default rate challenges and
adjustment requests from institutions of
higher education. Note: Data managers
are determined on the basis of the
holder of the loan. For FFEL Program
loans held by the lender or its guaranty
agency, the guaranty agency is the data
manager for the purpose of the appeal.
If the Department is the holder of the
FFEL Program loan, then the
Department is the data manager. For
Direct Loans, the Direct Loan servicer is
the data manager; and
(3) To allow Federal Student Aid to
electronically view and respond to
cohort default rate challenges and
adjustment requests from institutions of
higher education.
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 without the
consent of the individual if the
disclosure is compatible with the
purposes for which the record was
collected. The Department may make
these disclosures on a case-by-case
basis, or, if the Department has
complied with the computer matching
requirements of the Computer Matching
and Privacy Protection Act of 1988, as
amended, under a computer matching
agreement.
(1) Program Disclosures. The
Department may disclose records to the
institution of higher education or data
manager responsible for entering the
loan information into the eCDR appeals
system, in order to obtain clarification
or additional information to assist in
determining the outcome of the
allegation.
(2) 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.
(3) 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 statutory, regulatory, or
legally binding requirement, the
Department may disclose the relevant
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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.
(4) 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:
(i) The Department or any of its
components.
(ii) Any Department employee in his
or her official capacity.
(iii) Any Department employee in his
or her individual capacity if the U.S.
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.
(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 DOJ. If the
Department determines that disclosure
of certain records to DOJ is relevant and
necessary to litigation or ADR, the
Department may disclose those records
as a routine use to DOJ.
(c) Adjudicative Disclosure. If the
Department determines that it is
relevant and necessary to the litigation
or ADR to disclose certain records to an
adjudicative body before which the
Department is authorized to appear, to
an individual, or to an entity designated
by the Department or otherwise
empowered to resolve or mediate
disputes, the Department may disclose
those records as a routine use to the
adjudicative body, individual, or entity.
(d) Disclosure to Parties, Counsel,
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.
(5) Freedom of Information Act
(FOIA) and Privacy Act Advice
Disclosure. The Department may
disclose records to DOJ or the OMB if
the Department concludes that
disclosure would help in determining
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whether particular records are required
to be disclosed under the FOIA or the
Privacy Act.
(6) Contract Disclosure. If the
Department contracts with an entity to
perform any function that requires
disclosing records to the contractor’s
employees, 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.
(7) Congressional Member Disclosure.
The Department may disclose the
records of an individual to a member of
Congress or the member’s 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.
(8) Disclosure in the Course of
Responding to Breach of Data. The
Department may disclose records to
appropriate agencies, entities, and
persons when (1) it is suspected or
confirmed that the security or
confidentiality of information in the
eCDR Appeals system has been
compromised; (2) the Department has
determined that as a result of the
suspected or confirmed compromise,
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of the eCDR Appeals system or
other systems or programs (whether
maintained by the Department or by
another agency or entity) that rely upon
the compromised information; and (3)
the disclosure is made to such agencies,
entities, and persons who are reasonably
necessary to assist the Department in
responding to the suspected or
confirmed compromise and in helping
the Department prevent, minimize, or
remedy such harm.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES: NONE.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
SAFEGUARDS:
Access to the records is limited to
authorized personnel only. All physical
access to the Department’s site and to
the site of the Department’s contractor
where this system of records is
maintained, is controlled and monitored
by security personnel who check each
individual entering the buildings for his
or her employee or visitor badge.
The computer system employed by
the Department and by the Department’s
contractors 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 an individual user’s 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
Privacy Policy requires the enforcement
of a complex password policy. In
addition, 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 Plano, Texas,
additional physical security measures
are in place and access is monitored 24
hours per day, 7 days a week.
RETENTION AND DISPOSAL:
The records associated with an
institution of higher education’s cohort
default rate challenge or adjustment
request are currently unscheduled
pending National Archives and Records
Administration (NARA) approval of a
records retention schedule. Until a
NARA-approved records schedule is in
effect, no records will be destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Appeals Team Lead, Default
Prevention and Management, Portfolio
Performance Management Staff, U.S.
Department of Education, Federal
Student Aid, Union Center Plaza, 830
First Street, NE., room 84B2,
Washington, DC 20202–5353.
NOTIFICATION PROCEDURE:
Records are maintained in a database
on the Department’s secure servers and
in other electronic storage media.
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 regulations in 34 CFR
5b.5, including proof of identity.
RETRIEVABILITY:
RECORD ACCESS PROCEDURE:
Records are retrieved by a unique
institution of higher education code
number provided by the Department to
participating institutions and the
borrower’s Social Security number.
If you wish to gain access to your
record in the system of records, contact
the system manager at the address listed
under, SYSTEM MANAGER AND
ADDRESS. Requests should contain
STORAGE:
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your full name, address, and telephone
number. Your request must meet the
requirements of regulations in 34 CFR
5b.5, including proof of identity.
CONTESTING RECORD PROCEDURE:
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 regulations in 34
CFR 5b.7, including proof of identity.
RECORD SOURCE CATEGORIES:
Information maintained in this system
of records is obtained from institutions
of higher education and data managers,
and the National Direct Student Loan
Data System.
EXEMPTIONS CLAIMED FOR THIS SYSTEM:
None.
[FR Doc. E7–25510 Filed 12–31–07; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of
Records—Financial Management
System (FMS)
Federal Student Aid,
Department of Education.
ACTION: Notice of a New System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), (5 U.S.C. 552a), the
Department of Education (Department)
publishes this notice of a new system of
records entitled the ‘‘Financial
Management System (FMS)’’ (18–11–
17).
FMS interfaces with other Federal
Student Aid systems and consolidates
and centralizes all Federal Student Aid
accounting and financial data into one
system. FMS is a conduit (pass-through
system) containing personally
identifiable information that is obtained
from other Federal Student Aid systems.
FMS has been in operation since
October 2001. However, because FMS
maintains Privacy Act records and
discloses these records to the United
States Department of the Treasury and
to loan holders, a management decision
was made to treat FMS as an official
system of records under the Privacy Act.
DATES: The Department seeks comment
on the new system of records described
in this notice, in accordance with the
requirements of the Privacy Act. We
must receive your comments on or
before February 1, 2008.
The Department filed a report
describing the new system of records
covered by this notice with the Chair of
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SUMMARY:
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19:07 Dec 31, 2007
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the Senate Committee on Homeland
Security and Governmental Affairs, the
Chair of the House Committee on
Oversight and Government Reform, and
the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB) on December 27, 2007. This new
system of records will become effective
at the later date of—(1) The expiration
of the 40-day period for OMB review on
February 5, 2008, or (2) February 1,
2008 unless the system of records needs
to be changed as a result of public
comment or OMB review.
Address all comments about
this new system of records to John Hurt,
Director, Financial Management Group,
Office of the Chief Financial Officer
(OCFO), Federal Student Aid, U.S.
Department of Education, 830 First
Street, NE., Union Center Plaza (UCP),
room 54C3, Washington, DC, 20202–
5345. If you prefer to send your
comments through the Internet, use the
following address: comments@ed.gov.
You must include the term ‘‘Financial
Management System of Records’’ in the
subject line of your electronic comment.
During and after the comment period,
you may inspect all public comments
about this notice at the U.S. Department
of Education in room 54C3, UCP, 5th
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:
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.
John
Hurt. Telephone number: 202–377–
3453. 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
this section.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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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. 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-based, is called a ‘‘system of
records.’’ The Privacy Act requires each
agency to publish a system of records
notice in the Federal Register and to
submit, whenever the agency publishes
a new system of records or makes a
significant change to an established
system of records, a report to the
Administrator of the Office of
Information and Regulatory Affairs,
OMB. Each agency is also required to
send copies of the report to the Chair of
the Committee on Oversight and
Government Reform of the House of
Representatives, and to the Chair of the
Committee on Homeland Security and
Governmental Affairs of the Senate.
Electronic Access to This Document
You can 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/
index.html.
Dated: December 27, 2007.
Lawrence A. Warder,
Acting Chief Operating Officer, Federal
Student Aid.
For the reasons discussed in the
preamble, the Acting Chief Operating
Officer, Federal Student Aid, U.S.
Department of Education (Department)
publishes a notice of a new system of
records to read as follows:
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]]>Agencies
[Federal Register Volume 73, Number 1 (Wednesday, January 2, 2008)]
[Notices]
[Pages 174-177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25510]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records--Electronic Cohort Default
Rate Appeals (eCDR Appeals)
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 Department of Education (Department) publishes this
notice of a new system of records entitled ``Electronic Cohort Default
Rate Appeals (eCDR Appeals)''.
18-11-18
The eCDR Appeals system will be used to process institution of
higher education cohort default rate challenges and adjustment
requests. The eCDR Appeals system will also contain records regarding
borrowers who have applied for and received loans under the William D.
Ford Federal Direct Loan (Direct Loan) Program and the Federal Family
Education Loan (FFEL) Program. The Department seeks comment on the new
system of records described in this notice, in accordance with the
requirements of the Privacy Act.
DATES: We must receive your comments about this new system of records
on or before February 1, 2008.
The Department 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 Oversight and Government Reform, and the Administrator of
the Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB) on December 27, 2007. This system of records will
become effective at the later date of--(1) The expiration of the 40-day
period for OMB review on February 5, 2008; or (2) February 1, 2008,
unless the system of records needs to be changed as a result of public
comment or OMB review.
ADDRESSES: Address all comments about this new system of records to
Donna Bellflower, Default Prevention and Management, Portfolio
Performance Management Staff, Federal Student Aid, U.S. Department of
Education, Union Center Plaza, 830 First Street, NE., room 84B2,
Washington, DC 20202-5353. If you prefer to send comments through the
Internet, use the following address: http://comments@ed.gov.
You must include the term ``eCDR Appeals'' in the subject line of
your electronic message.
During and after the comment period, you may inspect all comments
about this notice at the U.S. Department of Education in room 84B2,
Union Center Plaza, 8th 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: Donna Bellflower. Telephone number:
(202) 377-3196. If you use a telecommunications device for the deaf
(TDD), call the Federal Relay Service (FRS), toll free, at 1-800-877-
8339.
Individuals with disabilities can obtain this document in an
alternative format (e.g., Braille, large print,
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audiotape, or computer diskette) on request to the contact person
listed in this section.
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 the Code of Federal Regulations (CFR)
in part 5b of title 34.
The Privacy Act applies to a record about an individual that is
maintained in a system of records from which individually identifying
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 a system of records
notice in the Federal Register and to submit, whenever the agency
publishes a new system of records or makes a significant change to an
established system of records, a report to the Administrator of the
Office of Information and Regulatory Affairs, OMB. Each agency is also
required to send copies of the report to the Chair of the Committee on
Oversight and Government Reform of the House of Representatives, and to
the Chair of the Committee on Homeland Security and Governmental
Affairs of the Senate.
Electronic Access to This Document
You can 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: December 27, 2007.
Lawrence A. Warder,
Acting Chief Operating Officer, Federal Student Aid.
For the reasons discussed in the preamble, the Acting Chief
Operating Officer, Federal Student Aid, U.S. Department of Education
publishes a notice of a new system of records, to read as follows:
SYSTEM NUMBER:
18-11-18.
SYSTEM NAME:
Electronic Cohort Default Rate Appeals (eCDR Appeals).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATIONS:
(1) Default Prevention and Management, Portfolio Performance
Management Staff, Federal Student Aid, U.S. Department of Education,
Union Center Plaza, 830 First Street, NE., room 84B2, Washington, DC
20202-5353.
(2) Perot Systems, 2300 W. Plano Parkway, Plano, TX 75075.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The eCDR Appeals system contains records on borrowers who have
received loans under the William D. Ford Federal Direct Loan (Direct
Loan) Program and the Federal Family Education Loan (FFEL) Program.
Although the eCDR Appeals system contains information about
institutions associated with individuals, this system of records notice
pertains only to individuals protected under the Privacy Act of 1974,
as amended.
CATEGORIES OF RECORDS IN THE SYSTEM:
The eCDR Appeals system contains records regarding: (1) Student/
borrower identifier information including Social Security number and
name; (2) loan information (e.g., last date of attendance, date entered
repayment, default date) for each student/borrower loan counted in the
cohort default rate of the institution of higher education submitting
the cohort default rate challenge or adjustment request; and (3)
documentation submitted by an institution of higher education or data
manager to support its data allegation (e.g., enrollment verification,
copies of cancelled checks, etc.).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
20 U.S.C. 1082, 1085, 1094, 1099c.
PURPOSE(S):
The information contained in the records maintained in this system
is used for the following purposes:
(1) To allow institutions of higher education to electronically
challenge their draft cohort default rate data, and electronically
request an adjustment to their official cohort default rate data via an
uncorrected data adjustment or new data adjustment request;
(2) To allow data managers to electronically view and respond to
cohort default rate challenges and adjustment requests from
institutions of higher education. Note: Data managers are determined on
the basis of the holder of the loan. For FFEL Program loans held by the
lender or its guaranty agency, the guaranty agency is the data manager
for the purpose of the appeal. If the Department is the holder of the
FFEL Program loan, then the Department is the data manager. For Direct
Loans, the Direct Loan servicer is the data manager; and
(3) To allow Federal Student Aid to electronically view and respond
to cohort default rate challenges and adjustment requests from
institutions of higher education.
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 without the consent of the individual if the
disclosure is compatible with the purposes for which the record was
collected. The Department may make these disclosures on a case-by-case
basis, or, if the Department has complied with the computer matching
requirements of the Computer Matching and Privacy Protection Act of
1988, as amended, under a computer matching agreement.
(1) Program Disclosures. The Department may disclose records to the
institution of higher education or data manager responsible for
entering the loan information into the eCDR appeals system, in order to
obtain clarification or additional information to assist in determining
the outcome of the allegation.
(2) 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.
(3) 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
statutory, regulatory, or legally binding requirement, the Department
may disclose the relevant
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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.
(4) 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:
(i) The Department or any of its components.
(ii) Any Department employee in his or her official capacity.
(iii) Any Department employee in his or her individual capacity if
the U.S. 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.
(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 DOJ. If the Department determines that disclosure
of certain records to DOJ is relevant and necessary to litigation or
ADR, the Department may disclose those records as a routine use to DOJ.
(c) Adjudicative Disclosure. If the Department determines that it
is relevant and necessary to the litigation or ADR to disclose certain
records to an adjudicative body before which the Department is
authorized to appear, to an individual, or to an entity designated by
the Department or otherwise empowered to resolve or mediate disputes,
the Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Disclosure to Parties, Counsel, 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.
(5) Freedom of Information Act (FOIA) and Privacy Act Advice
Disclosure. The Department may disclose records to DOJ or the OMB if
the Department concludes that disclosure would help in determining
whether particular records are required to be disclosed under the FOIA
or the Privacy Act.
(6) Contract Disclosure. If the Department contracts with an entity
to perform any function that requires disclosing records to the
contractor's employees, 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.
(7) Congressional Member Disclosure. The Department may disclose
the records of an individual to a member of Congress or the member's
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.
(8) Disclosure in the Course of Responding to Breach of Data. The
Department may disclose records to appropriate agencies, entities, and
persons when (1) it is suspected or confirmed that the security or
confidentiality of information in the eCDR Appeals system has been
compromised; (2) the Department has determined that as a result of the
suspected or confirmed compromise, there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of the eCDR Appeals system or other systems or programs
(whether maintained by the Department or by another agency or entity)
that rely upon the compromised information; and (3) the disclosure is
made to such agencies, entities, and persons who are reasonably
necessary to assist the Department in responding to the suspected or
confirmed compromise and in helping the Department prevent, minimize,
or remedy such harm.
DISCLOSURE TO CONSUMER REPORTING AGENCIES: None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in a database on the Department's secure
servers and in other electronic storage media.
RETRIEVABILITY:
Records are retrieved by a unique institution of higher education
code number provided by the Department to participating institutions
and the borrower's Social Security number.
SAFEGUARDS:
Access to the records is limited to authorized personnel only. All
physical access to the Department's site and to the site of the
Department's contractor where this system of records is maintained, is
controlled and monitored by security personnel who check each
individual entering the buildings for his or her employee or visitor
badge.
The computer system employed by the Department and by the
Department's contractors 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
an individual user's 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 Privacy Policy requires the enforcement of a complex password
policy. In addition, 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 Plano, Texas, additional physical security
measures are in place and access is monitored 24 hours per day, 7 days
a week.
RETENTION AND DISPOSAL:
The records associated with an institution of higher education's
cohort default rate challenge or adjustment request are currently
unscheduled pending National Archives and Records Administration (NARA)
approval of a records retention schedule. Until a NARA-approved records
schedule is in effect, no records will be destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Appeals Team Lead, Default Prevention and Management, Portfolio
Performance Management Staff, U.S. Department of Education, Federal
Student Aid, Union Center Plaza, 830 First Street, NE., room 84B2,
Washington, DC 20202-5353.
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 regulations in 34 CFR 5b.5, including proof of
identity.
RECORD ACCESS PROCEDURE:
If you wish to gain access to your record in the system of records,
contact the system manager at the address listed under, SYSTEM MANAGER
AND ADDRESS. Requests should contain
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your full name, address, and telephone number. Your request must meet
the requirements of regulations in 34 CFR 5b.5, including proof of
identity.
CONTESTING RECORD PROCEDURE:
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 regulations in 34 CFR 5b.7, including proof of
identity.
RECORD SOURCE CATEGORIES:
Information maintained in this system of records is obtained from
institutions of higher education and data managers, and the National
Direct Student Loan Data System.
EXEMPTIONS CLAIMED FOR THIS SYSTEM:
None.
[FR Doc. E7-25510 Filed 12-31-07; 8:45 am]
BILLING CODE 4000-01-P
