Privacy Act of 1974; System of Records, 54331-54336 [2010-22224]
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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
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SUMMARY:
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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:
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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
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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:
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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.
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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: https://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: https://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.
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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
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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
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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
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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
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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;
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(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.
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(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
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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
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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
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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 https://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
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SUMMARY:
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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
https://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 https://
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
https://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 https://
www.regulations.gov.
Title: NESHAP for Area Sources:
Acrylic and Modacrylic Fibers
Production, Carbon Black Production,
Chemical Manufacturing: Chromium
Compounds, Flexible Polyurethane
PO 00000
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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.
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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]
=======================================================================
-----------------------------------------------------------------------
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: https://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: https://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
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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
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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