Privacy Act of 1974; System of Records, 54331-54336 [2010-22224]

Download as PDF Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Notices DEPARTMENT OF DEFENSE Department of the Air Force U.S. Air Force Scientific Advisory Board Notice of Meeting Department of the Air Force, US Air Force Scientific Advisory Board ACTION: Meeting notice. AGENCY: Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102–3.150, the Department of Defense announces that the United States Air Force Scientific Advisory Board (SAB) meeting will take place on Wednesday and Thursday, October 6th—October 7th, 2010 at the SAF/AQ Conference and Innovation Center, 1550 Crystal Drive, Arlington, VA 22202. The meeting on Wednesday, October 6th, will be from 8 a.m.–4:30 p.m., and the meeting on Thursday, October 7th, will be from 8 a.m.–11:45 p.m. The purpose of this Air Force Scientific Advisory Board quarterly meeting is to welcome and introduce new members of the Board, provide information to members about Board policy and procedures, and provide classified briefings concerning the status of the Air Force as it relates to the SAB mission. The briefings and discussion will include presentations from senior Air Force and other DoD leadership. Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102–3.155, the Administrative Assistant of the Air Force, in consultation with the Office of the Air Force General Counsel, has determined in writing that the public interest requires that some of the sessions of the United States Air Force Scientific Advisory Board meeting be closed to the public because they will be concerned with classified information and matters involving trade secrets, per sections 5 U.S.C. 552b(c)(1) and (4). The two sessions on 6 Oct 10, from 0800– 0915, will be open to the general public. The remaining sessions on 6 Oct 10 and 7 Oct 10 will be closed to the general public. Any member of the public wishing to provide input to the United States Air Force Scientific Advisory Board can also submit a written statement in accordance with 41 CFR 102–3.140(c) and section 10(a)(3) of the Federal Advisory Committee Act and the procedures described in this paragraph. Written statements can be submitted to the Designated Federal Officer at the address detailed below at any time. Statements being submitted in response to the agenda mentioned in this notice must be received by the wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 SUMMARY: VerDate Mar<15>2010 15:24 Sep 03, 2010 Jkt 220001 Designated Federal Officer at the address listed below at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after this date may not be provided to or considered by the United States Air Force Scientific Advisory Board until its next meeting. The Designated Federal Officer will review all timely submissions with the United States Air Force Scientific Advisory Board Chairperson and ensure they are provided to members of the United States Air Force Scientific Advisory Board before the meeting that is the subject of this notice. FOR FURTHER INFORMATION CONTACT: The United States Air Force Scientific Advisory Board Executive Director and Designated Federal Officer, Lt Col Anthony M. Mitchell, 301–981–7135, United States Air Force Scientific Advisory Board, 1602 California Avenue, Suite #251, Andrews AFB, MD 20762, AnthonyM.mitchell@pentagon.af.mil. Bao-Anh Trinh, Air Force Federal Register Liaison Officer. [FR Doc. 2010–22152 Filed 9–3–10; 8:45 am] BILLING CODE 5001–10–P DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records Federal Student Aid, U.S. Department of Education. ACTION: Notice of an altered system of records. AGENCY: In accordance with the Privacy Act of 1974, as amended (Privacy Act), 5 United States Code (U.S.C.) 552a, the Chief Operating Officer for Federal Student Aid (FSA) of the U.S. Department of Education (Department) publishes this notice proposing to revise the system of records entitled ‘‘National Student Loan Data System (NSLDS)’’ (18–11–06), 64 FR 72395–72397 (December 27, 1999). In this notice, the Department proposes to revise this system of records to make updates needed as a result of legislative changes to the Higher Education Act of 1965, as amended (HEA) made by the College Cost Reduction and Access Act of 2007 (Pub. L. 110–84), enacted on September 27, 2007, and by the Higher Education Opportunity Act (Pub. L. 110–315) (HEOA), enacted on August 14, 2008. As a result of these legislative changes, we have updated the categories of records maintained in this system, clarified the SUMMARY: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 54331 categories of individuals covered by the system and the system’s purposes, and expanded the routine uses to reflect needed programmatic disclosures. DATES: The Department seeks comments on the proposed routine uses in the altered system of records notice on or before October 7, 2010. The Department filed a report describing the altered 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 September 1, 2010. This altered system of records will become effective at the later date of: (1) The expiration of the 40-day period for OMB review on October 12, 2010; or (2) October 7, 2010, 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 in this altered system of records to Director, NSLDS Systems, Application, Operations and Delivery Services, Federal Student Aid, U.S. Department of Education, 830 First Street, NE., room 44E3, Union Center Plaza (UCP), Washington, DC 20202– 5454. If you prefer to send comments by e-mail, use the following address: comments@ed.gov. You must include the term ‘‘NSLDS comments’’ in the subject line of your electronic message. During or after the comment period, you may inspect all public comments about this notice in room 44D2, UCP, 6th floor, 830 First Street, NE., UCP, Washington, DC, between the hours of 8 a.m. and 4:30 p.m., local 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 accommodation or auxiliary 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 accommodation or auxiliary aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Director, NSLDS Systems, Application, Operations and Delivery Services, Federal Student Aid, U.S. Department of E:\FR\FM\07SEN1.SGM 07SEN1 54332 Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Notices Education, 830 First Street, NE., room 44E3, UCP, Washington, DC 20202– 5454. If you use a telecommunications device for the deaf (TDD), you can call the Federal Relay Service (FRS) at 1– 800–877–8339. SUPPLEMENTARY INFORMATION: wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Introduction The Privacy Act of 1974 (5 U.S.C. 552a(e)(4) and (11)) requires the Department to publish in the Federal Register this notice of an altered systems 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 information 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 (SSN). 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 systems of records in the Federal Register and to prepare, whenever the agency publishes a new system of records or makes a significant change to an established system of records, reports to the Chair of the Committee on Oversight and Government Reform of the House of Representatives, the Chair of the Committee on Homeland Security and Governmental Affairs of the Senate, and the Administrator of the Office of Information and Regulatory Affairs, OMB. A system of records is considered ‘‘altered’’ whenever an agency expands the types or categories of information maintained, significantly expands the types or categories of individuals about whom records are maintained, changes the purpose for which the information is used, changes the equipment configuration in a way that creates substantially greater access to the records, or adds a routine use disclosure to the system. Since this system of records was published in the Federal Register on December 27, 1999 (64 FR 72395–97), a number of changes are needed to update and accurately describe the current system of records. Most significantly, this notice expands the type of information maintained in the system, clarifies the categories of individuals covered by the system and the system’s purposes, and reflects the current programmatic routine use disclosures needed to carry out responsibilities under the HEA. VerDate Mar<15>2010 15:24 Sep 03, 2010 Jkt 220001 This system of records will facilitate the Secretary of Education’s performance of statutory duties to prescribe standards and procedures under section 485B of the HEA (including relevant definitions) that require all eligible institutions, lenders and guaranty agencies to report information on all aspects of loans and grants made under Title IV of the HEA in uniform formats in order to permit the direct comparison of data submitted by individual institutions, lenders, servicers, or guaranty agencies. The changes proposed are intended to expand the information maintained in the system of records so that it would now include all of the loans and grants made under Title IV of the HEA, to clarify the categories of individuals covered by the system and the system’s purposes, and to add routine uses to make disclosures needed to carry out statutory responsibilities contained in the system. This altered notice better reflects the current programmatic routine use disclosures needed by FSA to establish applicant eligibility as required under the HEA. Collectively, these revisions will enhance the ability of the Secretary to collect and maintain information on loans made, insured, or guaranteed under Part B of Title IV of the HEA, and loans made under Parts D and E of Title IV of the HEA. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT. 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: http://www.ed.gov/ news/fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/ index.html. Dated: September 1, 2010. William J. Taggart, Chief Operating Officer, Federal Student Aid U.S. Department of Education. For the reasons discussed in the preamble, the Chief Operating Officer, Federal Student Aid, of the U.S. PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 Department of Education (Department) publishes a notice of an altered system of records to read as follows: SYSTEM NUMBER: 18–11–06 SYSTEM NAME: National Student Loan Data System (NSLDS) SECURITY CLASSIFICATION: None. SYSTEM LOCATION: Dell Perot Systems, 2300 West Plano Parkway, Plano, TX 75075–8247 (Virtual Data Center). Iron Mountain, PO Box 294317, Lewisville, Texas 75029–4317 (System Back-Up Location). CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system contains records on borrowers who have applied for and received loans under the William D. Ford Federal Direct Loan (Direct Loan) Program, the Federal Family Education Loan (FFEL) Program, the Federal Insured Student Loan (FISL) Program, and the Federal Perkins Loan Program (including National Defense Student Loans, National Direct Student Loans, Perkins Expanded Lending and Income Contingent Loans) (Perkins Loans). The NSLDS also contains records on recipients of Federal Pell Grants, Academic Competitiveness Grants (ACG), National Science and Mathematics Access to Retain Talent (National SMART) Grants, and Teacher Education Assistance for College and Higher Education (TEACH) Grants, the Iraq and Afghanistan Service Grants, as well as on persons who owe an overpayment on a Federal Pell Grant, an ACG Grant, a National SMART Grant, a Federal Supplemental Educational Opportunity Grant (FSEOG), Iraq or Afghanistan Service Grant, or a Federal Perkins Loan. NSLDS contains student enrollment information for those who have received an FFEL Loan, an FISL Loan, a Direct Loan, or a Perkins Loan. NSLDS contains Master Conduit Loan Program Data Master Loan Participation Program (LPP) Data and loan level detail on FFEL Subsidized, Unsubsidized, and PLUS loans funded through those programs. This system contains records on borrowers under the Title IV, HEA loan programs. CATEGORIES OF RECORDS IN THE SYSTEM: Records in NSLDS include, but are not limited to: (1) Borrower identifier information including Social Security Number (SSN), name, date of birth, and driver’s license; (2) information on the E:\FR\FM\07SEN1.SGM 07SEN1 wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Notices borrower’s loans covering the period from the origination of the loan through final payment, cancellation, consolidation, discharge, or other final disposition including details such as loan amount, disbursements, balances, loan status, collections, claims, deferments, refunds, and cancellations; (3) student enrollment information including school(s) attended, course of study, anticipated completion date, enrollment status and effective dates; (4) student demographic information such as dependency status, citizenship, veteran status, marital status, gender, income and asset information, expected family contribution, and address; (5) information provided by the parent(s) of a dependent recipient, including, but not limited to: Name, date of birth, SSN, marital status, e-mail address, highest level of schooling completed, and income and asset information; (6) information about the spousal income and asset information of a married borrower who is repaying a Title IV loan under an income-based repayment plan; (7) Federal Pell Grant, ACG Grant, National SMART Grant, TEACH Grant, and Iraq and Afghanistan Service Grant amounts and dates of disbursement; (8) Federal Pell Grant, ACG Grant, National SMART Grant, Iraq and Afghanistan Service Grant, FSEOG, and Federal Perkins Loan Program overpayment amounts; (9) demographic and contact information on: The guaranty agency which guarantees the borrower’s FFEL loan, and the lender, holder, and servicer of the borrower’s loans; (10) NSLDS user profiles that include name, SSN, date of birth, employer, and NSLDS user name; (11) information concerning the date of any default on loans, the aggregated loan data to support cohort default rate calculations for educational institutions, financial institutions and guaranty agencies; (12) pre- and post-screening results used to determine a student or parent’s aid eligibility; and, (13) information on financial institutions participating in the loan participation and sale programs established by the Department under the Ensured Continued Access to Student Loan Act of 2008 (ECASLA), including the collection of: ECASLA loan level funding amounts, dates of ECASLA participation for financial institutions, dates and amounts of loans sold to the Department under ECASLA, and the amount of loans funded by the Department’s programs but repurchased by the lender. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 20 U.S.C. 1092b. The collection of SSNs of borrowers who are covered by VerDate Mar<15>2010 15:24 Sep 03, 2010 Jkt 220001 this system is authorized by 31 U.S.C. 7701 and Executive Order 9397 (November 22, 1943), as amended by Executive Order 13478 (November 18, 2008). PURPOSE(S): The information contained in this system is maintained for the following purposes relating to students and borrowers: (1) To determine student/ borrower eligibility for Title IV programs by NSLDS pre- and postscreening processes; (2) to report changes in student/borrower enrollment status via the Enrollment Reporting Process; (3) to track loan borrowers and students who owe grant overpayment amounts (debtors); (4) to provide an Exit Counseling tool for FFEL and Direct Loan programs that provides various calculators, requires students to complete a quiz to ensure understanding of their repayment obligations, and collects information to assist in the activity of skip-tracing for loan holders; (5) to provide Web-based access for borrowers/students to their loan, grant, and enrollment data; (6) to maintain information on the status of student loans; (7) to maintain information on Federal Pell, ACG, National SMART, TEACH, and Iraq and Afghanistan Service Grant awards to students; and (8) to provide borrowers and NSLDS users with loan refund/ cancellation details. The information maintained in this system is also maintained for the following purposes relating to institutions participating in and administering the Title IV programs: (1) To permit guaranty agencies, eligible lenders, and eligible institutions of higher education to verify the eligibility of a student, potential student, or parent for loans; (2) to provide student aggregate loan calculations to educational institutions; (3) to track loan transfers from one entity to another; (4) to determine default rates for educational institutions, guaranty agencies, and lenders; (5) to prepare electronic financial aid histories on students or borrowers for educational institutions, guaranty agencies, the Department’s Office of the Ombudsman, and the Department’s Direct Loan Servicing office; (6) to alert educational institutions of changes in financial aid eligibility of students via the Transfer Student Monitoring process; (7) to assist guaranty agencies, educational institutions, lenders, and servicers in collecting debts arising from receipt of Title IV funds; (8) to assess Title IV program administration of guaranty agencies, educational institutions, lenders, and servicers; (9) to display PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 54333 organization contact information provided by educational institutions, guaranty agencies, lenders, and servicers; (10) to provide reporting capabilities for educational institutions, guaranty agencies, lenders, and servicers for use in Title IV administrative functions and for the Department for use in oversight and compliance; (11) to provide financial institutions, servicers, and the Department’s Debt Collection office contact information on loan holders for use in the collection of loans; (12) to provide schools and servicers information to resolve overpayments of Pell, ACG, National SMART, TEACH, Iraq and Afghanistan Service Grants, and FSEOG grants; and (13) to assist Department staff, contractors, guaranty agencies and the Department of Justice in the collection of debts owed to the Department under Title IV of the HEA. The information maintained in this system is also maintained for the following purposes relating to the Department’s oversight and administration of the Title IV programs: (1) To assist audit and program review planning; (2) to support research studies and policy development; (3) to conduct budget analysis and program review planning; (4) to provide information that supports the Department’s compliance with the Federal Credit Reform Act of 1990, as amended (CRA); (5) to ensure only authorized users access the database and to maintain a history of the student/borrower information reviewed; (6) to track the Department’s interest in loans funded through ECASLA; (7) to track TEACH grants that have been converted to loans; and (8) to track eligibility and participation in Public Service Loan Forgiveness. 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 notice without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected. These disclosures may be made on a case-bycase basis or, if the Department has complied with the computer matching requirements of the Privacy Act of 1974, as amended, under a computer matching agreement. (1) Program Disclosures. The Department may disclose records for the following program purposes: (a) To verify the identity of the applicant involved, the accuracy of the record, or to assist with the E:\FR\FM\07SEN1.SGM 07SEN1 wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 54334 Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Notices determination of program eligibility and benefits, the Department may disclose records to the applicant, guaranty agencies, educational institutions, financial institutions and servicers, and to Federal and State agencies; (b) To support default rate calculations and/or provide information on borrowers’ current loan status, the Department may disclose records to guaranty agencies, educational institutions, financial institutions, servicers, and State agencies; (c) To provide financial aid history information to aid in their administration of Title IV programs, the Department may disclose records to financial aid professionals, guaranty agencies, loan holders, or servicers; (d) To support auditors and program reviewers in planning and carrying out their assessments of Title IV program compliance, the Department may disclose records to guaranty agencies, educational institutions, financial institutions and servicers and to Federal, State and local agencies; (e) To support governmental researchers and policy analysts, the Department may disclose records to Federal, State and local agencies using safeguards for system integrity and ensuring compliance with the Privacy Act; (f) To support Federal budget analysts in the development of budget needs and forecasts, the Department may disclose records to Federal and State agencies; (g) To assist in locating holders of loan(s), the Department may disclose records to students/borrowers, guaranty agencies, educational institutions, financial institutions and servicers, and Federal agencies; (h) To assist analysts in assessing Title IV program administration by guaranty agencies, educational institutions, and financial institutions and servicers, the Department may disclose records to Federal and State agencies; (i) To assist loan holders in locating borrowers, the Department may disclose records to guaranty agencies, educational institutions, financial institutions that hold an interest in the loan and their servicers, and to Federal agencies; (j) To assist with meeting requirements under the CRA, the Department may disclose records to Federal agencies; (k) To assist program administrators with tracking refunds and cancellations of Title IV loans, the Department may disclose records to guaranty agencies, educational institutions, financial institutions and servicers, and to Federal and State agencies; VerDate Mar<15>2010 15:24 Sep 03, 2010 Jkt 220001 (l) To enforce the terms of a loan, assist in the collection of a loan or assist in the collection of an aid overpayment, the Department may disclose records to guaranty agencies, loan servicers, educational institutions and financial institutions that hold an interest in the debt, and to Federal, State, or local agencies; and (m) To assist the Department in tracking loans funded under ECASLA, the Department may disclose records to Federal agencies. (2) Disclosure for Use by Other Law Enforcement Agencies. The Department may disclose information to any Federal, State, or 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 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. (4) Litigation and Alternative Dispute Resolution (ADR) Disclosures. (a) Introduction. In the event that one of the following parties 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; or (ii) Any Department employee in his or her official capacity; or (iii) Any Department employee in his or her individual capacity where the Department of Justice (DOJ) agrees to or has been requested to provide or arrange for representation of the employee; or (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. PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 (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, and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to the DOJ. (c) Adjudicative Disclosures. If the Department determines that disclosure of certain records to an adjudicative body before which the Department is authorized to appear or to an individual or entity designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and necessary to litigation or ADR, the Department may disclose those records as a routine use to the adjudicative body, individual, or entity. (d) Parties, Counsel, Representatives, and Witnesses. If the Department determines that disclosure of certain records is relevant and necessary to 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) or Privacy Act Advice Disclosure. The Department may disclose records to the DOJ or the Office of Management and Budget (OMB) if the Department seeks advice regarding whether records maintained in this system of 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 establish and maintain the safeguards required under the Privacy Act (5 U.S.C. 552a(m)) with respect to the records in the system. (7) Congressional Member Disclosure. The Department may disclose records to a Member of Congress in response to an inquiry from the Member made at the written request of the individual whose records are being disclosed. The Member’s right to the information is no greater than the right of the individual who requested it. (8) 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 E:\FR\FM\07SEN1.SGM 07SEN1 wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Notices 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 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. (9) Employee Grievance, Complaint, or Conduct Disclosure. The Department may disclose a record in this system of records to another agency of the Federal Government if the record is relevant to one of the following proceedings regarding a present or former employee of the Department: Complaint, grievance, or disciplinary or competency determination proceedings. The disclosure may only be made during the course of the proceeding. (10) Labor Organization Disclosure. The Department may disclose records from this system of records to an arbitrator to resolve disputes under a negotiated grievance procedure or to officials of labor organizations recognized under 5 U.S.C. chapter 71 when relevant and necessary to their duties of exclusive representation. (11) 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. (12) Disclosure to the OMB for CRA Support. The Department may disclose records to OMB as necessary to fulfill CRA requirements. These requirements currently include transfer of data on lender interest benefits and special allowance payments, defaulted loan balances, and supplemental pre-claims assistance payments information. (13) Disclosure in the Course of Responding to Breach of Data. The Department may disclose records from this system to appropriate agencies, entities, and persons when: (a) The Department suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (b) the Department has determined that as a result of the suspected or confirmed compromise VerDate Mar<15>2010 15:24 Sep 03, 2010 Jkt 220001 there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Department’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. DISCLOSURE TO CONSUMER REPORTING AGENCIES: Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may disclose the following information to a consumer reporting agency regarding a valid overdue claim of the Department: (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 subsection 31 U.S.C. 3711(e). A consumer reporting agency to which these disclosures may be made is defined at 15 U.S.C. 1681a(f) and 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 electronically. In order for users to retrieve student/ borrower information they must supply the student/borrower SSN, name, and date of birth. SAFEGUARDS: Physical access to this system housed within the Virtual Data Center is controlled by a computerized badge reading system, and the entire complex is patrolled by security personnel during non-business hours. The computer system employed by the Department offers a high degree of resistance to tampering and circumvention. Multiple levels of security are maintained within the computer system control program. 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 Frm 00041 Fmt 4703 Sfmt 4703 users of this system of records are given a unique user ID with personal identifiers. All interactions by individual users with the system are recorded. RETENTION AND DISPOSAL: Records are retained for 15 years after an account is paid in full, then destroyed in accordance with the Department’s records retention and disposition schedule 051. SYSTEM MANAGER(S) AND ADDRESS: Director, National Student Loan Data System, Federal Student Aid, U.S. Department of Education, 830 First Street, NE., UCP, room 44D2, Washington, DC 20202–5454. NOTIFICATION PROCEDURE: If you wish to determine whether a record exists regarding you in this system of records, contact the system manager and provide your name, date of birth, SSN, and the name of the school or lender from which the loan or grant was obtained. Requests for notification about whether the system of records contains information about an individual must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity. RECORD ACCESS PROCEDURES: If you wish to gain access to a record in this system, contact the system manager and provide information as described in the notification procedure. Requests by an individual for access to a record must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity. CONTESTING RECORD PROCEDURES: RETRIEVABILITY: PO 00000 54335 If you wish to contest the content of a record in the system of records, you must contact the system manager with the information described in the notification procedures, identify the specific item(s) to be changed, and provide a justification for the change, including any supporting documentation. Requests to amend a record must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7. RECORD SOURCE CATEGORIES: Information is obtained from the Free Application for Federal Student Aid completed by students and parents, guaranty agencies, educational institutions, financial institutions and servicers. Information is also obtained from other Department systems such as the Direct Loan Servicing System (covered by the system of records entitled ‘‘Common Services for Borrowers’’); Debt Management E:\FR\FM\07SEN1.SGM 07SEN1 54336 Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Notices Collection System (covered by the system of records entitled ‘‘Common Servicers for Borrowers’’); Common Origination and Disbursement System; Financial Management System; Student Aid Internet Gateway, Participant Management System; Postsecondary Education Participants System and Central Processing System (covered by the system of records entitled ‘‘Federal Student Aid Application File’’). EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. 2010–22224 Filed 9–3–10; 8:45 am] BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OECA–2010–0350; FRL–9196–7; EPA ICR Number 2256.03; OMB Control Number 2060–0598] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost. DATES: Additional comments may be submitted on or before October 7, 2010. ADDRESSES: Submit your comments, referencing docket ID number EPA–HQ– OECA–2010–0350 to (1) EPA online using http://www.regulations.gov (our preferred method), or by e-mail to docket.oeca@epa.gov, or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, mail code 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 SUMMARY: VerDate Mar<15>2010 15:24 Sep 03, 2010 Jkt 220001 for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment and Media Programs Division, Office of Compliance, Mail Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202) 564–4113; fax number: (202) 564–0050; e-mail address: williams.learia@epa.gov. SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On June 2, 2010 (75 FR 30813), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under docket ID number EPA–HQ–OECA–2010–0350, which is available for public viewing online at http://www.regulations.gov, in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566–1744, and the telephone number for the Enforcement and Compliance Docket is (202) 566–1752. Use EPA’s electronic docket and comment system at http:// www.regulations.gov, to submit or view public comments, access the index listing of the contents of the docket, and to access those documents, whether submitted electronically or in paper will be made available for public viewing at http://www.regulations.gov, as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about in the docket that are available electronically. Once in the system, select ‘‘docket search,’’ then key in the docket ID number identified above. Please note that EPA’s policy is that public comments the electronic docket, go to http:// www.regulations.gov. Title: NESHAP for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving (Renewal). ICR Numbers: EPA ICR Number 2256.03, OMB Control Number 2060– 0598. ICR Status: This ICR is scheduled to expire on October 31, 2010. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, and displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving were proposed on April 4, 2007, and promulgated on July 16, 2007. Owners and operators of NESHAP for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving, must submit an initial notification of applicability, a notification of compliance status, initial performance test, and periodic reports and results. Owners and operators of an existing affected source are also required to comply with the requirements of any startup, shutdown, or malfunction in the operation of an affected facility. Semiannual reports are also required. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintain reports and records. Performance tests reports are required as this is the Agency’s record of a source’s initial capability to comply with the emission standard, and they serve as a record of the operating conditions under which compliance was achieved. E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 75, Number 172 (Tuesday, September 7, 2010)]
[Notices]
[Pages 54331-54336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22224]


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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records

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

ACTION: Notice of an altered system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), 5 United States Code (U.S.C.) 552a, the Chief Operating 
Officer for Federal Student Aid (FSA) of the U.S. Department of 
Education (Department) publishes this notice proposing to revise the 
system of records entitled ``National Student Loan Data System 
(NSLDS)'' (18-11-06), 64 FR 72395-72397 (December 27, 1999).
    In this notice, the Department proposes to revise this system of 
records to make updates needed as a result of legislative changes to 
the Higher Education Act of 1965, as amended (HEA) made by the College 
Cost Reduction and Access Act of 2007 (Pub. L. 110-84), enacted on 
September 27, 2007, and by the Higher Education Opportunity Act (Pub. 
L. 110-315) (HEOA), enacted on August 14, 2008. As a result of these 
legislative changes, we have updated the categories of records 
maintained in this system, clarified the categories of individuals 
covered by the system and the system's purposes, and expanded the 
routine uses to reflect needed programmatic disclosures.

DATES: The Department seeks comments on the proposed routine uses in 
the altered system of records notice on or before October 7, 2010.
    The Department filed a report describing the altered 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 September 1, 2010. This altered system of records 
will become effective at the later date of: (1) The expiration of the 
40-day period for OMB review on October 12, 2010; or (2) October 7, 
2010, 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 in this 
altered system of records to Director, NSLDS Systems, Application, 
Operations and Delivery Services, Federal Student Aid, U.S. Department 
of Education, 830 First Street, NE., room 44E3, Union Center Plaza 
(UCP), Washington, DC 20202-5454. If you prefer to send comments by e-
mail, use the following address: comments@ed.gov.
    You must include the term ``NSLDS comments'' in the subject line of 
your electronic message.
    During or after the comment period, you may inspect all public 
comments about this notice in room 44D2, UCP, 6th floor, 830 First 
Street, NE., UCP, Washington, DC, between the hours of 8 a.m. and 4:30 
p.m., local 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 accommodation or 
auxiliary 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 accommodation or auxiliary 
aid, please contact the person listed under FOR FURTHER INFORMATION 
CONTACT.

FOR FURTHER INFORMATION CONTACT: Director, NSLDS Systems, Application, 
Operations and Delivery Services, Federal Student Aid, U.S. Department 
of

[[Page 54332]]

Education, 830 First Street, NE., room 44E3, UCP, Washington, DC 20202-
5454. If you use a telecommunications device for the deaf (TDD), you 
can call the Federal Relay Service (FRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Introduction

    The Privacy Act of 1974 (5 U.S.C. 552a(e)(4) and (11)) requires the 
Department to publish in the Federal Register this notice of an altered 
systems 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 information 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 (SSN). 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 systems 
of records in the Federal Register and to prepare, whenever the agency 
publishes a new system of records or makes a significant change to an 
established system of records, reports to the Chair of the Committee on 
Oversight and Government Reform of the House of Representatives, the 
Chair of the Committee on Homeland Security and Governmental Affairs of 
the Senate, and the Administrator of the Office of Information and 
Regulatory Affairs, OMB.
    A system of records is considered ``altered'' whenever an agency 
expands the types or categories of information maintained, 
significantly expands the types or categories of individuals about whom 
records are maintained, changes the purpose for which the information 
is used, changes the equipment configuration in a way that creates 
substantially greater access to the records, or adds a routine use 
disclosure to the system. Since this system of records was published in 
the Federal Register on December 27, 1999 (64 FR 72395-97), a number of 
changes are needed to update and accurately describe the current system 
of records. Most significantly, this notice expands the type of 
information maintained in the system, clarifies the categories of 
individuals covered by the system and the system's purposes, and 
reflects the current programmatic routine use disclosures needed to 
carry out responsibilities under the HEA.
    This system of records will facilitate the Secretary of Education's 
performance of statutory duties to prescribe standards and procedures 
under section 485B of the HEA (including relevant definitions) that 
require all eligible institutions, lenders and guaranty agencies to 
report information on all aspects of loans and grants made under Title 
IV of the HEA in uniform formats in order to permit the direct 
comparison of data submitted by individual institutions, lenders, 
servicers, or guaranty agencies.
    The changes proposed are intended to expand the information 
maintained in the system of records so that it would now include all of 
the loans and grants made under Title IV of the HEA, to clarify the 
categories of individuals covered by the system and the system's 
purposes, and to add routine uses to make disclosures needed to carry 
out statutory responsibilities contained in the system. This altered 
notice better reflects the current programmatic routine use disclosures 
needed by FSA to establish applicant eligibility as required under the 
HEA. Collectively, these revisions will enhance the ability of the 
Secretary to collect and maintain information on loans made, insured, 
or guaranteed under Part B of Title IV of the HEA, and loans made under 
Parts D and E of Title IV of the HEA.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or computer diskette) on request to the contact person 
listed under FOR FURTHER INFORMATION CONTACT.

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: http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/.


    Dated: September 1, 2010.
William J. Taggart,
Chief Operating Officer, Federal Student Aid U.S. Department of 
Education.
    For the reasons discussed in the preamble, the Chief Operating 
Officer, Federal Student Aid, of the U.S. Department of Education 
(Department) publishes a notice of an altered system of records to read 
as follows:

SYSTEM NUMBER:
    18-11-06

SYSTEM NAME:
    National Student Loan Data System (NSLDS)

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Dell Perot Systems, 2300 West Plano Parkway, Plano, TX 75075-8247 
(Virtual Data Center).
    Iron Mountain, PO Box 294317, Lewisville, Texas 75029-4317 (System 
Back-Up Location).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on borrowers who have applied for and 
received loans under the William D. Ford Federal Direct Loan (Direct 
Loan) Program, the Federal Family Education Loan (FFEL) Program, the 
Federal Insured Student Loan (FISL) Program, and the Federal Perkins 
Loan Program (including National Defense Student Loans, National Direct 
Student Loans, Perkins Expanded Lending and Income Contingent Loans) 
(Perkins Loans). The NSLDS also contains records on recipients of 
Federal Pell Grants, Academic Competitiveness Grants (ACG), National 
Science and Mathematics Access to Retain Talent (National SMART) 
Grants, and Teacher Education Assistance for College and Higher 
Education (TEACH) Grants, the Iraq and Afghanistan Service Grants, as 
well as on persons who owe an overpayment on a Federal Pell Grant, an 
ACG Grant, a National SMART Grant, a Federal Supplemental Educational 
Opportunity Grant (FSEOG), Iraq or Afghanistan Service Grant, or a 
Federal Perkins Loan. NSLDS contains student enrollment information for 
those who have received an FFEL Loan, an FISL Loan, a Direct Loan, or a 
Perkins Loan. NSLDS contains Master Conduit Loan Program Data Master 
Loan Participation Program (LPP) Data and loan level detail on FFEL 
Subsidized, Unsubsidized, and PLUS loans funded through those programs. 
This system contains records on borrowers under the Title IV, HEA loan 
programs.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in NSLDS include, but are not limited to: (1) Borrower 
identifier information including Social Security Number (SSN), name, 
date of birth, and driver's license; (2) information on the

[[Page 54333]]

borrower's loans covering the period from the origination of the loan 
through final payment, cancellation, consolidation, discharge, or other 
final disposition including details such as loan amount, disbursements, 
balances, loan status, collections, claims, deferments, refunds, and 
cancellations; (3) student enrollment information including school(s) 
attended, course of study, anticipated completion date, enrollment 
status and effective dates; (4) student demographic information such as 
dependency status, citizenship, veteran status, marital status, gender, 
income and asset information, expected family contribution, and 
address; (5) information provided by the parent(s) of a dependent 
recipient, including, but not limited to: Name, date of birth, SSN, 
marital status, e-mail address, highest level of schooling completed, 
and income and asset information; (6) information about the spousal 
income and asset information of a married borrower who is repaying a 
Title IV loan under an income-based repayment plan; (7) Federal Pell 
Grant, ACG Grant, National SMART Grant, TEACH Grant, and Iraq and 
Afghanistan Service Grant amounts and dates of disbursement; (8) 
Federal Pell Grant, ACG Grant, National SMART Grant, Iraq and 
Afghanistan Service Grant, FSEOG, and Federal Perkins Loan Program 
overpayment amounts; (9) demographic and contact information on: The 
guaranty agency which guarantees the borrower's FFEL loan, and the 
lender, holder, and servicer of the borrower's loans; (10) NSLDS user 
profiles that include name, SSN, date of birth, employer, and NSLDS 
user name; (11) information concerning the date of any default on 
loans, the aggregated loan data to support cohort default rate 
calculations for educational institutions, financial institutions and 
guaranty agencies; (12) pre- and post-screening results used to 
determine a student or parent's aid eligibility; and, (13) information 
on financial institutions participating in the loan participation and 
sale programs established by the Department under the Ensured Continued 
Access to Student Loan Act of 2008 (ECASLA), including the collection 
of: ECASLA loan level funding amounts, dates of ECASLA participation 
for financial institutions, dates and amounts of loans sold to the 
Department under ECASLA, and the amount of loans funded by the 
Department's programs but repurchased by the lender.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    20 U.S.C. 1092b. The collection of SSNs of borrowers who are 
covered by this system is authorized by 31 U.S.C. 7701 and Executive 
Order 9397 (November 22, 1943), as amended by Executive Order 13478 
(November 18, 2008).

PURPOSE(S):
    The information contained in this system is maintained for the 
following purposes relating to students and borrowers: (1) To determine 
student/borrower eligibility for Title IV programs by NSLDS pre- and 
post-screening processes; (2) to report changes in student/borrower 
enrollment status via the Enrollment Reporting Process; (3) to track 
loan borrowers and students who owe grant overpayment amounts 
(debtors); (4) to provide an Exit Counseling tool for FFEL and Direct 
Loan programs that provides various calculators, requires students to 
complete a quiz to ensure understanding of their repayment obligations, 
and collects information to assist in the activity of skip-tracing for 
loan holders; (5) to provide Web-based access for borrowers/students to 
their loan, grant, and enrollment data; (6) to maintain information on 
the status of student loans; (7) to maintain information on Federal 
Pell, ACG, National SMART, TEACH, and Iraq and Afghanistan Service 
Grant awards to students; and (8) to provide borrowers and NSLDS users 
with loan refund/cancellation details. The information maintained in 
this system is also maintained for the following purposes relating to 
institutions participating in and administering the Title IV programs: 
(1) To permit guaranty agencies, eligible lenders, and eligible 
institutions of higher education to verify the eligibility of a 
student, potential student, or parent for loans; (2) to provide student 
aggregate loan calculations to educational institutions; (3) to track 
loan transfers from one entity to another; (4) to determine default 
rates for educational institutions, guaranty agencies, and lenders; (5) 
to prepare electronic financial aid histories on students or borrowers 
for educational institutions, guaranty agencies, the Department's 
Office of the Ombudsman, and the Department's Direct Loan Servicing 
office; (6) to alert educational institutions of changes in financial 
aid eligibility of students via the Transfer Student Monitoring 
process; (7) to assist guaranty agencies, educational institutions, 
lenders, and servicers in collecting debts arising from receipt of 
Title IV funds; (8) to assess Title IV program administration of 
guaranty agencies, educational institutions, lenders, and servicers; 
(9) to display organization contact information provided by educational 
institutions, guaranty agencies, lenders, and servicers; (10) to 
provide reporting capabilities for educational institutions, guaranty 
agencies, lenders, and servicers for use in Title IV administrative 
functions and for the Department for use in oversight and compliance; 
(11) to provide financial institutions, servicers, and the Department's 
Debt Collection office contact information on loan holders for use in 
the collection of loans; (12) to provide schools and servicers 
information to resolve overpayments of Pell, ACG, National SMART, 
TEACH, Iraq and Afghanistan Service Grants, and FSEOG grants; and (13) 
to assist Department staff, contractors, guaranty agencies and the 
Department of Justice in the collection of debts owed to the Department 
under Title IV of the HEA. The information maintained in this system is 
also maintained for the following purposes relating to the Department's 
oversight and administration of the Title IV programs: (1) To assist 
audit and program review planning; (2) to support research studies and 
policy development; (3) to conduct budget analysis and program review 
planning; (4) to provide information that supports the Department's 
compliance with the Federal Credit Reform Act of 1990, as amended 
(CRA); (5) to ensure only authorized users access the database and to 
maintain a history of the student/borrower information reviewed; (6) to 
track the Department's interest in loans funded through ECASLA; (7) to 
track TEACH grants that have been converted to loans; and (8) to track 
eligibility and participation in Public Service Loan Forgiveness.

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 notice without the consent of the individual if the disclosure 
is compatible with the purposes for which the record was collected. 
These disclosures may be made on a case-by-case basis or, if the 
Department has complied with the computer matching requirements of the 
Privacy Act of 1974, as amended, under a computer matching agreement.
    (1) Program Disclosures. The Department may disclose records for 
the following program purposes:
    (a) To verify the identity of the applicant involved, the accuracy 
of the record, or to assist with the

[[Page 54334]]

determination of program eligibility and benefits, the Department may 
disclose records to the applicant, guaranty agencies, educational 
institutions, financial institutions and servicers, and to Federal and 
State agencies;
    (b) To support default rate calculations and/or provide information 
on borrowers' current loan status, the Department may disclose records 
to guaranty agencies, educational institutions, financial institutions, 
servicers, and State agencies;
    (c) To provide financial aid history information to aid in their 
administration of Title IV programs, the Department may disclose 
records to financial aid professionals, guaranty agencies, loan 
holders, or servicers;
    (d) To support auditors and program reviewers in planning and 
carrying out their assessments of Title IV program compliance, the 
Department may disclose records to guaranty agencies, educational 
institutions, financial institutions and servicers and to Federal, 
State and local agencies;
    (e) To support governmental researchers and policy analysts, the 
Department may disclose records to Federal, State and local agencies 
using safeguards for system integrity and ensuring compliance with the 
Privacy Act;
    (f) To support Federal budget analysts in the development of budget 
needs and forecasts, the Department may disclose records to Federal and 
State agencies;
    (g) To assist in locating holders of loan(s), the Department may 
disclose records to students/borrowers, guaranty agencies, educational 
institutions, financial institutions and servicers, and Federal 
agencies;
    (h) To assist analysts in assessing Title IV program administration 
by guaranty agencies, educational institutions, and financial 
institutions and servicers, the Department may disclose records to 
Federal and State agencies;
    (i) To assist loan holders in locating borrowers, the Department 
may disclose records to guaranty agencies, educational institutions, 
financial institutions that hold an interest in the loan and their 
servicers, and to Federal agencies;
    (j) To assist with meeting requirements under the CRA, the 
Department may disclose records to Federal agencies;
    (k) To assist program administrators with tracking refunds and 
cancellations of Title IV loans, the Department may disclose records to 
guaranty agencies, educational institutions, financial institutions and 
servicers, and to Federal and State agencies;
    (l) To enforce the terms of a loan, assist in the collection of a 
loan or assist in the collection of an aid overpayment, the Department 
may disclose records to guaranty agencies, loan servicers, educational 
institutions and financial institutions that hold an interest in the 
debt, and to Federal, State, or local agencies; and
    (m) To assist the Department in tracking loans funded under ECASLA, 
the Department may disclose records to Federal agencies.
    (2) Disclosure for Use by Other Law Enforcement Agencies. The 
Department may disclose information to any Federal, State, or 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 
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.
    (4) Litigation and Alternative Dispute Resolution (ADR) 
Disclosures.
    (a) Introduction. In the event that one of the following parties 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; or
    (ii) Any Department employee in his or her official capacity; or
    (iii) Any Department employee in his or her individual capacity 
where the Department of Justice (DOJ) agrees to or has been requested 
to provide or arrange for representation of the employee; or
    (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, and is compatible with the purpose for which the 
records were collected, the Department may disclose those records as a 
routine use to the DOJ.
    (c) Adjudicative Disclosures. If the Department determines that 
disclosure of certain records to an adjudicative body before which the 
Department is authorized to appear or to an individual or entity 
designated by the Department or otherwise empowered to resolve or 
mediate disputes is relevant and necessary to litigation or ADR, the 
Department may disclose those records as a routine use to the 
adjudicative body, individual, or entity.
    (d) Parties, Counsel, Representatives, and Witnesses. If the 
Department determines that disclosure of certain records is relevant 
and necessary to 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) or Privacy Act Advice 
Disclosure. The Department may disclose records to the DOJ or the 
Office of Management and Budget (OMB) if the Department seeks advice 
regarding whether records maintained in this system of 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 establish and maintain the safeguards 
required under the Privacy Act (5 U.S.C. 552a(m)) with respect to the 
records in the system.
    (7) Congressional Member Disclosure. The Department may disclose 
records to a Member of Congress in response to an inquiry from the 
Member made at the written request of the individual whose records are 
being disclosed. The Member's right to the information is no greater 
than the right of the individual who requested it.
    (8) 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

[[Page 54335]]

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 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.
    (9) Employee Grievance, Complaint, or Conduct Disclosure. The 
Department may disclose a record in this system of records to another 
agency of the Federal Government if the record is relevant to one of 
the following proceedings regarding a present or former employee of the 
Department: Complaint, grievance, or disciplinary or competency 
determination proceedings. The disclosure may only be made during the 
course of the proceeding.
    (10) Labor Organization Disclosure. The Department may disclose 
records from this system of records to an arbitrator to resolve 
disputes under a negotiated grievance procedure or to officials of 
labor organizations recognized under 5 U.S.C. chapter 71 when relevant 
and necessary to their duties of exclusive representation.
    (11) 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.
    (12) Disclosure to the OMB for CRA Support. The Department may 
disclose records to OMB as necessary to fulfill CRA requirements. These 
requirements currently include transfer of data on lender interest 
benefits and special allowance payments, defaulted loan balances, and 
supplemental pre-claims assistance payments information.
    (13) Disclosure in the Course of Responding to Breach of Data. The 
Department may disclose records from this system to appropriate 
agencies, entities, and persons when: (a) The Department suspects or 
has confirmed that the security or confidentiality of information in 
the system of records has been compromised; (b) 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 this system or 
other systems or programs (whether maintained by the Department or 
another agency or entity) that rely upon the compromised information; 
and (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may 
disclose the following information to a consumer reporting agency 
regarding a valid overdue claim of the Department: (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 subsection 31 U.S.C. 3711(e). A consumer 
reporting agency to which these disclosures may be made is defined at 
15 U.S.C. 1681a(f) and 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 electronically.

RETRIEVABILITY:
    In order for users to retrieve student/borrower information they 
must supply the student/borrower SSN, name, and date of birth.

SAFEGUARDS:
    Physical access to this system housed within the Virtual Data 
Center is controlled by a computerized badge reading system, and the 
entire complex is patrolled by security personnel during non-business 
hours. The computer system employed by the Department offers a high 
degree of resistance to tampering and circumvention. Multiple levels of 
security are maintained within the computer system control program. 
This security system limits data access to Department and contract 
staff on a ``need-to-know'' basis, and controls individual users' 
ability to access and alter records within the system. All users of 
this system of records are given a unique user ID with personal 
identifiers. All interactions by individual users with the system are 
recorded.

RETENTION AND DISPOSAL:
    Records are retained for 15 years after an account is paid in full, 
then destroyed in accordance with the Department's records retention 
and disposition schedule 051.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, National Student Loan Data System, Federal Student Aid, 
U.S. Department of Education, 830 First Street, NE., UCP, room 44D2, 
Washington, DC 20202-5454.

NOTIFICATION PROCEDURE:
    If you wish to determine whether a record exists regarding you in 
this system of records, contact the system manager and provide your 
name, date of birth, SSN, and the name of the school or lender from 
which the loan or grant was obtained. Requests for notification about 
whether the system of records contains information about an individual 
must meet the requirements of the regulations at 34 CFR 5b.5, including 
proof of identity.

RECORD ACCESS PROCEDURES:
    If you wish to gain access to a record in this system, contact the 
system manager and provide information as described in the notification 
procedure. Requests by an individual for access to a record must meet 
the requirements of the regulations at 34 CFR 5b.5, including proof of 
identity.

CONTESTING RECORD PROCEDURES:
    If you wish to contest the content of a record in the system of 
records, you must contact the system manager with the information 
described in the notification procedures, identify the specific item(s) 
to be changed, and provide a justification for the change, including 
any supporting documentation. Requests to amend a record must meet the 
requirements of the Department's Privacy Act regulations at 34 CFR 
5b.7.

RECORD SOURCE CATEGORIES:
    Information is obtained from the Free Application for Federal 
Student Aid completed by students and parents, guaranty agencies, 
educational institutions, financial institutions and servicers. 
Information is also obtained from other Department systems such as the 
Direct Loan Servicing System (covered by the system of records entitled 
``Common Services for Borrowers''); Debt Management

[[Page 54336]]

Collection System (covered by the system of records entitled ``Common 
Servicers for Borrowers''); Common Origination and Disbursement System; 
Financial Management System; Student Aid Internet Gateway, Participant 
Management System; Postsecondary Education Participants System and 
Central Processing System (covered by the system of records entitled 
``Federal Student Aid Application File'').

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
[FR Doc. 2010-22224 Filed 9-3-10; 8:45 am]
BILLING CODE 4000-01-P