Privacy Act of 1974; System of Records, 59242-59246 [2010-24162]
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59242
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Notices
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Dated: September 22, 2010.
Sheila Carey,
Acting Director, Information Collection
Clearance Division, Regulatory Information
Management Services, Office of Management.
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Federal Student Aid
Type of Review: Pending.
Title of Collection: Criteria for Foreign
Schools to Apply to Participate in Title
IV, Higher Education Act of 1965, as
amended (HEA) Programs.
OMB Control Number: 1845—NEW.
Agency Form Number(s): N/A.
Frequency of Responses: On
Occasion; Annually.
Affected Public: Businesses or other
for-profit; Individuals or households;
Not-for-profit institutions State, Local,
or Tribal Government, State Educational
Agencies or Local Education Agencies.
Total Estimated Number of Annual
Responses: 4,364.
Total Estimated Annual Burden
Hours: 513.
Abstract: These regulations (34 CFR
600.54, 600.55, 600.57) propose changes
to aspects of foreign school criteria for
eligibility to apply for participation in
Title IV, HEA programs (demonstrate
method of determining academic work
in a non-degree program is equivalent to
the definition of an academic year that
is required for domestic schools and to
report the language in which instruction
will be offered); changes to reporting
requirements for foreign graduate
medical schools (Medical College
Admission Test (MCAT)) scores for
incoming students and United States
Medical Licensing Examination
(USMLE) scores for graduates) and new
reporting requirements for foreign
nursing schools (National Council
Licensure Examination for Registered
Nurses (NCLEX–RN)) scores, as well as
new requirements for obtaining consent
forms from US students attending
foreign medical and nursing schools to
gather such scores.
Requests for copies of the information
collection submission for OMB review
may be accessed from the RegInfo.gov
Web site at https://www.reginfo.gov/
public/do/PRAMain or from the
Department’s website at https://
edicsweb.ed.gov, by selecting the
‘‘Browse Pending Collections’’ link and
by clicking on link number 4289. When
you access the information collection,
click on ‘‘Download Attachments’’ to
view. Written requests for information
should be addressed to U.S. Department
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of Education, 400 Maryland Avenue,
SW., LBJ, Washington, DC 20202–4537.
Requests may also be electronically
mailed to the Internet address
ICDocketMgr@ed.gov or faxed to 202–
401–0920. Please specify the complete
title of the information collection and
OMB Control Number when making
your request.
Individuals who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8339.
[FR Doc. 2010–24149 Filed 9–24–10; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of
Records
Federal Student Aid, U.S.
Department of Education.
ACTION: Notice of altered system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), 5 U.S.C. 552a, the Chief
Operating Officer for Federal Student
Aid (FSA) of the Department of
Education (Department) publishes this
notice to rename and revise the system
of records entitled ‘‘Recipient Financial
Management System (RFMS)’’ (18–11–
02).
In this notice, the Department is
replacing the RFMS system with the
‘‘Common Origination and
Disbursement’’ (COD) system. The COD
system is designed to assist the
Department in administering Federal
grant and loan programs authorized by
title IV of the Higher Education Act of
1965, as amended (HEA), and to include
information needed under Federal grant
programs created by the Higher
Education Reconciliation Act of 2005,
title VIII of Public Law 109–171.
The COD system will contain records
associated with the activities required of
participating educational institutions to
originate an award (establish the
eligibility of an individual to receive a
Federal grant or loan) from those
programs authorized by the HEA for
which the Department provides funds
directly to those institutions on a
student-level or recipient-level basis.
This system will also contain records
evidencing the disbursement of program
funds by participating educational
institutions to those individuals whose
eligibility was previously established.
The Department seeks comments on
the proposed routine uses described in
this altered system of records notice, in
SUMMARY:
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accordance with the requirements of the
Privacy Act.
DATES: We must receive your comments
on the proposed routine uses for the
system of records on or before October
27, 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 22, 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 November 1, 2010; or (2)
October 27, 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 to: Director,
COD Systems, Program Management
Services, FSA, U.S. Department of
Education, Union Center Plaza (UCP),
830 First Street, NE., Washington, DC
20202–5454. Telephone: 202–377–3676.
If you prefer to send comments by email, use the following address:
comments@ed.gov.
You must include the term ‘‘Common
Origination and Disbursement’’ in the
subject line of your electronic message.
During and after the comment period,
you may inspect all public comments
about this notice at the Department in
Room 62E4, UCP, 6th Floor, 830 First
Street, NE., Washington, DC 20202–
5454 between the hours of 8:00 a.m. and
4:30 p.m., Eastern Time, Monday
through Friday of each week except
Federal holidays.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record
On request, we will supply an
appropriate accommodation or auxiliary
aid 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, COD Systems, Program
Management Services, FSA, U.S.
Department of Education, UCP, 830
First Street, NE., Washington, DC
20202–5454. Telephone: 202–377–3676.
If you use a telecommunications device
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for the deaf (TDD), call the Federal
Relay Service (FRS), toll free, at 1–800–
877–8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or computer diskette) on
request to the contact person listed
under this section.
SUPPLEMENTARY INFORMATION:
Introduction
The Privacy Act (5 U.S.C. 552a(e)(4)
and (11)) requires the Department to
publish in the Federal Register this
notice of an altered system of records.
The Department’s regulations
implementing the Privacy Act are
contained in 34 CFR part 5b.
The Privacy Act applies to
information about individuals that
contains individually identifying
information and that 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 a system of records notice in
the Federal Register and to submit,
whenever the agency publishes a new
system of records or significantly alters
an established system of records, a
report to the Administrator of the Office
of Information and Regulatory Affairs,
OMB. Each agency is also required to
send copies of the report to the Chair of
the Senate Committee on Homeland
Security and Governmental Affairs and
the Chair of the House of
Representatives Committee on Oversight
and Government Reform.
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.
This notice of an altered system of
records renames RFMS as the COD
system, expands the categories of
records maintained in the system,
clarifies the categories of individuals
covered by the system and the system’s
purposes, updates the system locations,
and reflects the current programmatic
routine use disclosures needed to carry
out responsibilities under the HEA. A
notice for the previous version of the
COD system, the RFMS, was published
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in the Federal Register on June 4, 1999
(64 FR 30161–62) and amended on
December 27, 1999 (64 FR 72407).
The COD system includes records on
individuals who have received title IV,
HEA program assistance. These records
include information provided by
recipients of title IV, HEA program
assistance and the parents of dependent
recipients. The records contain
individually identifying information
about the recipient, including, but not
limited to his or her: name, SSN,
address, date of birth, e-mail address,
and citizenship status.
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 Web 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 22, 2010.
William J. Taggart,
Chief Operating Officer, Federal Student Aid.
For the reasons discussed in the
preamble, the Chief Operating Officer,
Federal Student Aid, U.S. Department of
Education (Department) publishes a
notice of altered system of records to
read as follows:
SYSTEM NUMBER
18–11–02
Common Origination and
Disbursement (COD) System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATIONS:
Total Systems Services, Inc. (TSYS),
1600 First Ave., P.O. Box 2567,
Columbus, GA 31902–2567. (This is the
Computer Center for the COD
Application.) All electronic COD
information is processed and stored
here. This includes the William D. Ford
Federal Direct Loan (Direct Loan)
Program, the Federal Pell Grant
Program, the Academic Competitiveness
Grant (ACG) Program, the National
Science and Mathematics Access to
Retain Talent (National SMART) Grant
Program, the Teacher Education
Assistance for College and Higher
Frm 00038
Fmt 4703
Education (TEACH) Grant Program, and
the Iraq and Afghanistan Service Grant
Program.)
Affiliated Computer Services, Inc.
(ACS), 2429 Military Road, Suite 200,
Niagara Falls, NY 14304–1551. (This is
the COD Customer Service Center.)
HP Enterprise Services, COD
Ancillary Services, 201 TechnaCenter
Dr., Suite 300, Montgomery, AL 36117–
6044. (This center images and stores all
of the Direct Loan promissory notes.)
Dell Perot Systems, 2300 W. Plano
Parkway, Plano, TX 75075–8427. (The
Direct Loan electronic promissory notes,
TEACH Agreement to Serve promissory
notes, Direct Loan Entrance Counseling,
TEACH Entrance Counseling, and the
COD archives are stored here.)
HP Enterprise Services, D5–2B–14,
6901 Windcrest Parkway, Plano, TX
75024–8427. (This is the data center for
the paper promissory notes processed
by COD Ancillary Services.)
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system contains records of
individuals who apply for or receive a
Federal grant or loan under one of the
following programs authorized under
title IV of the Higher Education Act of
1965, as amended (HEA): (1) The
Federal Pell Grant Program; (2) the ACG
Program; (3) the National SMART Grant
Program; (4) the TEACH Grant Program;
(5) the Iraq and Afghanistan Service
Grant Program; and (6) the Direct Loan
Program, which consists of Federal
Direct Unsubsidized and Subsidized
Stafford/Ford Loans, and Federal Direct
PLUS Loans. COD also contains records
of individuals who have completed
Direct Loan Entrance Counseling.
CATEGORIES OF RECORDS IN THE SYSTEM:
SYSTEM NAME:
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Records in the COD system include,
but are not limited to: (1) Recipient
identifier information including name,
social security number (SSN), and date
of birth; (2) recipient demographic
information such as address, e-mail
address, driver’s license number,
telephone number, citizenship status,
dependency status, estimated family
contribution, cost of attendance, postsecondary school identifier, and
enrollment information; (3) Federal Pell
Grant, ACG, SMART Grant, TEACH
Grant, Iraq and Afghanistan Service
Grant, and Direct Loan award amounts
and dates of disbursements; (4) Federal
Pell Grant, ACG, SMART Grant, and
Iraq and Afghanistan Service Grant
collection referral and payment
amounts; (5) Direct Loan promissory
notes; (6) TEACH Agreement to Serve
documents; and, (7) Direct Loan and
TEACH entrance counseling
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information, including the SSNs of the
recipients and the dates that they
completed the entrance counseling.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
This system of records is authorized
under title IV of the HEA, 20 U.S.C.
1070 et seq.
funds; (3) to set and adjust program
funding authorization levels for each
institution; (4) to enforce institutional
compliance with Department reporting
deadlines; and (5) to apply appropriate
title IV, HEA funding controls.
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PURPOSES:
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
The information contained in this
system is maintained for the following
purposes related to students and
borrowers: (1) To determine recipient
eligibility and benefits for the title IV,
HEA programs; (2) to store electronic
data that support the existence of a legal
obligation to repay funds disbursed
under the title IV, HEA programs,
including documentation such as
promissory notes, and other agreements;
(3) to identify whether an individual
may have received a title IV, HEA
Federal grant or loan at more than one
educational institution for the same
enrollment period in violation of title
IV, HEA program regulations; and (4) to
identify whether an individual may
have exceeded the annual award limits
under the title IV, HEA Federal grant or
loan programs in violation of title IV,
HEA program regulations.
The information in this system is also
maintained for the following purposes
relating to institutions participating in
and administering the title IV, HEA
programs: (1) To enable an educational
institution to reconcile, on an aggregate
and recipient-level basis, the amount of
title IV, HEA Federal grant and Direct
Loan funds that an institution received
with disbursements it made to, or on
behalf of, eligible students (including
reconciling verification codes,
reconciling the funds received with
disbursements made by type of funds
received, and making necessary
corrections and adjustments); (2) to
enable an institution of higher
education to perform on-line credit
checks to determine the credit
worthiness of a borrower for title IV,
HEA Federal Direct PLUS Loans; and (3)
to assist an institution of higher
education, a software vendor, or a thirdparty servicer with questions about a
title IV, HEA Federal grant or loan.
The information in this system is also
maintained for the following purposes
relating to the Department’s oversight of
the title IV, HEA programs: (1) To
support the investigation of possible
fraud and abuse and to detect and
prevent fraud and abuse in the title IV,
HEA Federal grant and loan programs;
(2) to confirm that an institution of
higher education, or a program offered
by an institution of higher education, is
eligible to receive title IV, HEA program
The Department may disclose
information contained in a record in
this system of records under the routine
uses listed in this system of records
without the consent of the individual if
the disclosure is compatible with the
purposes for which the record was
collected. The Department may make
these disclosures on a case-by-case basis
or, if the Department has complied with
the computer matching requirements of
the Privacy Act of 1974, as amended
(Privacy Act), under a computer
matching agreement.
(1) Program Purposes. The
Department may disclose records from
the system of records for the following
program purposes:
(a) To verify the identity of the
recipient involved or the accuracy of the
record, or to assist with the
determination of program eligibility and
benefits, the Department may disclose
records to institutions of higher
education; financial institutions; thirdparty servicers; and Federal, State, or
local agencies;
(b) To store electronic data that
support the existence of a legal
obligation to repay funds disbursed
under the title IV, HEA programs,
including documentation such as
promissory notes and other agreements,
the Department may disclose records to
institutions of higher education, thirdparty servicers, and Federal agencies;
(c) To identify whether an individual
may have received a title IV, HEA
Federal grant or loan at more than one
institution of higher education for the
same enrollment period in violation of
title IV, HEA regulations, the
Department may disclose records to
institutions of higher education; thirdparty servicers; and Federal, State, or
local agencies;
(d) To identify whether an individual
may have exceeded the annual award
limits under the title IV, HEA Federal
grant or Direct Loan Programs in
violation of title IV, HEA regulations,
the Department may disclose records to
institutions of higher education, thirdparty servicers, and Federal agencies;
(e) To enable institutions of higher
education to reconcile, on an aggregate
and recipient-level basis, the amount of
title IV, HEA Federal grant and Direct
Loan funds that an institution received
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with disbursements it made to, or on
behalf of, eligible students (including
reconciling verification codes,
reconciling the funds received with
disbursements made by type of funds
received, and making necessary
corrections and adjustments), the
Department may disclose records to
institutions of higher education; thirdparty servicers; and Federal, State, or
local agencies;
(f) To enable an institution of higher
education to perform on-line credit
checks to determine the credit
worthiness of a borrower for title IV,
HEA Federal Direct PLUS Loans,
disclosures may be made to institutions
of higher education, third-party
servicers, credit reporting agencies, and
Federal agencies;
(g) To assist an individual,
institutions of higher education, thirdparty servicers, or software vendors
with questions about a title IV, HEA
Federal grant or loan, disclosures may
be made to institutions of higher
education; software vendors; third-party
servicers; and Federal, State, or local
agencies;
(h) To support the investigation of
possible fraud and abuse and to detect
and prevent fraud and abuse in the title
IV, HEA Federal grant and loan
programs, disclosures may be made to
institutions of higher education; thirdparty servicers; and Federal, State, or
local agencies.
(2) Congressional Member Disclosure.
The Department may disclose the
records of an individual to a member of
Congress or the member’s staff when
necessary to respond to an inquiry from
the member made at the written request
of that individual. The member’s right
to the information is no greater than the
right of the individual who requested it.
(3) Disclosure for Use by Other Law
Enforcement Agencies. The Department
may disclose information to any
Federal, State, local, or foreign agency
or other public authority responsible for
enforcing, investigating, or prosecuting
violations of administrative, civil, or
criminal law or regulation if that
information is relevant to any
enforcement, regulatory, investigative,
or prosecutorial responsibility within
the receiving entity’s jurisdiction.
(4) Enforcement Disclosure. In the
event that information in this system of
records indicates, either on its face or in
connection with other information, a
violation or potential violation of any
applicable statute, regulation, or order
of a competent authority, the
Department may disclose the relevant
records to the appropriate agency,
whether foreign, Federal, State, Tribal,
or local, charged with the responsibility
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of investigating or prosecuting that
violation or charged with enforcing or
implementing the statute, Executive
order, rule, regulation, or order issued
pursuant thereto.
(5) Litigation or Alternative Dispute
Resolution (ADR) Disclosure.
(a) Introduction. In the event that one
of the following parties listed below is
involved in litigation or ADR, or has an
interest in litigation or ADR, the
Department may disclose certain
records from this system of records to
the parties described in paragraphs (b),
(c) and (d) of this routine use under the
conditions specified in those
paragraphs:
(i) The Department or any of its
components.
(ii) Any Department employee in his
or her official capacity.
(iii) Any Department employee in his
or her individual capacity if the
Department of Justice (DOJ) has been
requested to or has agreed to provide or
arrange for representation of the
employee.
(iv) Any Department employee in his
or her individual capacity when the
Department has agreed to represent the
employee.
(v) The United States when the
Department determines that the
litigation is likely to affect the
Department or any of its components.
(b) Disclosure to the DOJ. If the
Department determines that disclosure
of certain records to the DOJ is relevant
and necessary to litigation or ADR, the
Department may disclose those records
as a routine use to the DOJ.
(c) Adjudicative Disclosure. If the
Department determines that it is
relevant and necessary to litigation or
ADR to disclose certain records from
this system of records to an adjudicative
body before which the Department is
authorized to appear or to an individual
or an entity designated by the
Department or otherwise empowered to
resolve or mediate disputes, the
Department may disclose those records
as a routine use to the adjudicative
body, individual, or entity.
(d) Disclosure to Parties, Counsel,
Representatives, or Witnesses. If the
Department determines that disclosure
of certain records to a party, counsel,
representative, or witness is relevant
and necessary to the litigation or ADR,
the Department may disclose those
records as a routine use to the party,
counsel, representative, or witness.
(6) Employment, Benefit, and
Contracting Disclosure.
(a) For Decisions by the Department.
The Department may disclose
information from this system of records
to a Federal, State, or local agency or to
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another public authority or professional
organization, if necessary, to obtain
information relevant to a Department
decision concerning the hiring or
retention of an employee or other
personnel action; the issuance of a
security clearance; the letting of a
contract; or the issuance of a license,
grant, or other benefit.
(b) For Decisions by Other Public
Agencies and Professional
Organizations. The Department may
disclose information from this system of
records to a Federal, State, local, or
foreign agency or other public authority
or professional organization, in
connection with the hiring or retention
of an employee or other personnel
action; the issuance of a security
clearance; the reporting of an
investigation of an employee; the letting
of a contract; or the issuance of a
license, grant, or other benefit, to the
extent that the record is relevant to the
receiving entity’s decision on the
matter.
(7) Employee Grievance, Complaint,
or Conduct Disclosure. If a record is
relevant and necessary to a grievance,
complaint, or disciplinary proceeding
involving a present or former employee
of the Department, the Department may
disclose a record from this system of
records in the course of investigation,
fact-finding, or adjudication to any party
to the grievance, complaint, or action; to
the party’s counsel or representative; to
a witness; or to a designated fact-finder,
mediator, or other person designated to
resolve issues or decide the matter. The
disclosure may only be made during the
course of investigation, fact-finding, or
adjudication.
(8) Labor Organization Disclosure.
The Department may disclose a record
from this system of records to an
arbitrator to resolve disputes under a
negotiated grievance procedure or to
officials of a labor organization
recognized under 5 U.S.C. chapter 71
when relevant and necessary to their
duties of exclusive representation.
(9) Freedom of Information Act
(FOIA) and Privacy Act Advice
Disclosure. The Department may
disclose records from this system of
records to the DOJ or Office of
Management and Budget (OMB) if the
Department concludes that disclosure is
desirable or necessary in determining
whether particular records are required
to be disclosed under the FOIA or the
Privacy Act.
(10) Disclosure to the DOJ. The
Department may disclose records from
this system of records to the DOJ to the
extent necessary for obtaining DOJ
advice on any matter relevant to an
audit, inspection, or other inquiry
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related to the programs covered by this
system.
(11) Contract Disclosure. If the
Department contracts with an entity for
the purposes of performing any function
that requires disclosure of records in
this system to employees of the
contractor, the Department may disclose
the records to those employees. Before
entering into such a contract, the
Department must require the contractor
to maintain Privacy Act safeguards as
required under 5 U.S.C. 552a(m) with
respect to the records in the system.
(12) Research Disclosure. The
Department may disclose records from
this system of records to a researcher if
the Department determines that the
individual or organization to which the
disclosure would be made is qualified to
carry out specific research related to
functions or purposes of this system of
records. The official may disclose
records from this system of records to
that researcher solely for the purpose of
carrying out that research related to the
functions or purposes of this system of
records. The researcher must be
required to maintain Privacy Act
safeguards with respect to the disclosed
records.
(13) Disclosure to OMB for Credit
Reform Act (CRA) Support. The
Department may disclose records from
this system of records to OMB as
necessary to fulfill CRA requirements.
(14) Disclosure in the Course of
Responding to Breach of Data. The
Department may disclose records from
this system of records to appropriate
agencies, entities, and persons when (a)
the Department suspects or has
confirmed that the security or
confidentiality of information in this
system 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 by 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 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 to a consumer reporting agency
information regarding a valid, overdue
claim of the Department. Such
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information is limited to (1) the name,
address, taxpayer identification number,
and other information necessary to
establish the identity of the individual
responsible for the claim; (2) the
amount, status, and history of the claim;
and (3) the program under which the
claim arose. The Department may
disclose the information specified in
this paragraph under 5 U.S.C.
552a(b)(12) and the procedures
contained in 31 U.S.C. 3711(e). A
consumer reporting agency to which
these disclosures may be made is
defined 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 Department electronically stores
origination and disbursement records on
hard disk at TSYS in Columbus,
Georgia. It stores electronic master
promissory notes on hard disk at the
Dell Perot Systems Data Center in Plano,
Texas. Paper Direct Loan promissory
notes are stored in locked vaults in
Montgomery, Alabama and at a Federal
Records Center near Atlanta, Georgia.
Data obtained from the paper
promissory notes are stored on hard
disks at TSYS in Columbus, Georgia.
This data is referred to as metadata and
is used by the system to link promissory
notes to borrower data. The Department
also creates electronic images of the
paper promissory notes at the HP
facility in Montgomery, AL and stores
the images at the HP facility in Plano,
Texas.
RETRIEVABILITY:
Records in the system are retrieved by
the individual’s SSN or name, or by the
institution’s Office of Postsecondary
Education identification number
(OPEID).
srobinson on DSKHWCL6B1PROD with NOTICES
SAFEGUARDS:
All physical access to the sites of the
Department’s contractors where this
system of records is maintained, is
controlled and monitored by security
personnel who check each individual
entering the buildings for his or her
employee or visitor badge.
In accordance with the Department’s
Administrative Communications System
Directive OM: 5–101 entitled
‘‘Contractor Employee Personnel
Security Screenings,’’ all contract and
Department personnel who have facility
access and system access must undergo
a security clearance investigation.
Individuals requiring access to Privacy
Act data are required to hold, at a
minimum, a moderate-risk security
VerDate Mar<15>2010
17:01 Sep 24, 2010
Jkt 220001
clearance level. These individuals are
required to undergo periodic screening
at five-year intervals.
In addition to undergoing security
clearances, contract and Department
employees are required to complete
security awareness training on an
annual basis. Annual security awareness
training is required to ensure that
contract and Department users are
appropriately trained in safeguarding
Privacy Act data in accordance with
OMB Circular No. A–130, Appendix III.
The computer system employed by
the Department offers a high degree of
resistance to tampering and
circumvention. This security system
limits data access to Department and
contract staff on a ‘‘need-to-know’’ basis
and controls individual users’ ability to
access and alter records within the
system. All users of this system of
records are given a unique user
identification. The Department’s Federal
Student Aid (FSA) Information Security
and Privacy Policy requires the
enforcement of a complex password
policy. In addition to the enforcement of
the complex password policy, users are
required to change their password at
least every 90 days in accordance with
the Department’s information
technology standards.
RETENTION AND DISPOSAL:
Federal Direct Loan Records:
Records are maintained and disposed
of in accordance with ED 072 FSA
Application, Origination, and
Disbursement Records, Item b.2.
Records are destroyed 15 years after
final repayment or audit, or after
relevant data is transferred to an
alternate recordkeeping system (i.e.,
loan servicing system), whichever
occurs first.
Grant Records:
Records are maintained and disposed
of in accordance with ED 072 FSA
Application, Origination, and
Disbursement Records, Item b.2.
Records are destroyed 15 years after
final repayment or audit, or after
relevant data is transferred to an
alternate recordkeeping system (i.e.,
National Student Loan Data System),
whichever occurs first.
System Manager, Common
Origination and Disbursement System,
FSA, U.S. Department of Education,
UCP, 830 First Street, NE., 6th Floor,
Washington, DC 20202–5454.
NOTIFICATION PROCEDURE:
If you wish to determine whether a
record exists regarding you in the
system of records, provide the system
Frm 00041
Fmt 4703
Sfmt 4703
RECORD ACCESS PROCEDURE:
If you wish to gain access to a record
in this system, provide the system
manager with your name, date of birth,
and SSN. Requests by an individual for
access to a record must meet the
requirements in 34 CFR 5b.5, including
proof of identity.
CONTESTING RECORD PROCEDURE:
If you wish to change the content of
a record regarding you in the system of
records, provide the system manager
with your name, date of birth, and SSN.
Identify the specific items to be
changed, and provide a written
justification for the change. Requests to
amend a record must meet the
requirements in 34 CFR 5b.7.
RECORD SOURCE CATEGORIES:
This system includes records on
individuals who have received title IV,
HEA program assistance. These records
include information provided by
recipients of title IV, HEA program
assistance and the parents of dependent
recipients. This system also includes
information from Federal Grant and
Direct Loan origination and
disbursement records provided by
institutions of higher education or their
agents to the Department. The Central
Processing System (CPS) (covered by the
Department’s Privacy Act system of
records notice entitled ‘‘Federal Student
Aid Application File’’ (18–11–01))
electronically sends the COD system the
Abbreviated Applicant File to validate
all CPS-processed Free Application for
Federal Student Aid (FAFSA) records
with the Federal Grant and Direct Loan
disbursement data processed through
the COD system.
The Department’s Privacy Act system
of records notice entitled ‘‘Common
Services for Borrowers (CSB)’’ (18–11–
16) sends COD booking
acknowledgements, discharge
information, and payments to servicer
data.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
SYSTEM MANAGER AND ADDRESS:
PO 00000
manager with your name, date of birth,
and SSN. Requests must meet the
requirements in 34 CFR 5b.5, including
proof of identity.
[FR Doc. 2010–24162 Filed 9–24–10; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Agency Information Collection
Revision and Renewal
AGENCY:
E:\FR\FM\27SEN1.SGM
Department of Energy.
27SEN1
Agencies
[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Notices]
[Pages 59242-59246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24162]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records
AGENCY: Federal Student Aid, U.S. Department of Education.
ACTION: Notice of altered system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act), 5 U.S.C. 552a, the Chief Operating Officer for Federal
Student Aid (FSA) of the Department of Education (Department) publishes
this notice to rename and revise the system of records entitled
``Recipient Financial Management System (RFMS)'' (18-11-02).
In this notice, the Department is replacing the RFMS system with
the ``Common Origination and Disbursement'' (COD) system. The COD
system is designed to assist the Department in administering Federal
grant and loan programs authorized by title IV of the Higher Education
Act of 1965, as amended (HEA), and to include information needed under
Federal grant programs created by the Higher Education Reconciliation
Act of 2005, title VIII of Public Law 109-171.
The COD system will contain records associated with the activities
required of participating educational institutions to originate an
award (establish the eligibility of an individual to receive a Federal
grant or loan) from those programs authorized by the HEA for which the
Department provides funds directly to those institutions on a student-
level or recipient-level basis. This system will also contain records
evidencing the disbursement of program funds by participating
educational institutions to those individuals whose eligibility was
previously established.
The Department seeks comments on the proposed routine uses
described in this altered system of records notice, in accordance with
the requirements of the Privacy Act.
DATES: We must receive your comments on the proposed routine uses for
the system of records on or before October 27, 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 22, 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 November 1, 2010; or (2) October 27,
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 to:
Director, COD Systems, Program Management Services, FSA, U.S.
Department of Education, Union Center Plaza (UCP), 830 First Street,
NE., Washington, DC 20202-5454. Telephone: 202-377-3676. If you prefer
to send comments by e-mail, use the following address: comments@ed.gov.
You must include the term ``Common Origination and Disbursement''
in the subject line of your electronic message.
During and after the comment period, you may inspect all public
comments about this notice at the Department in Room 62E4, UCP, 6th
Floor, 830 First Street, NE., Washington, DC 20202-5454 between the
hours of 8:00 a.m. and 4:30 p.m., Eastern Time, Monday through Friday
of each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate accommodation or
auxiliary aid 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, COD Systems, Program
Management Services, FSA, U.S. Department of Education, UCP, 830 First
Street, NE., Washington, DC 20202-5454. Telephone: 202-377-3676. If you
use a telecommunications device
[[Page 59243]]
for the deaf (TDD), call the Federal Relay Service (FRS), toll free, at
1-800-877-8339.
Individuals with disabilities can obtain this document in an
accessible format (e.g., braille, large print, audiotape, or computer
diskette) on request to the contact person listed under this section.
SUPPLEMENTARY INFORMATION:
Introduction
The Privacy Act (5 U.S.C. 552a(e)(4) and (11)) requires the
Department to publish in the Federal Register this notice of an altered
system of records. The Department's regulations implementing the
Privacy Act are contained in 34 CFR part 5b.
The Privacy Act applies to information about individuals that
contains individually identifying information and that 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 a system of records
notice in the Federal Register and to submit, whenever the agency
publishes a new system of records or significantly alters an
established system of records, a report to the Administrator of the
Office of Information and Regulatory Affairs, OMB. Each agency is also
required to send copies of the report to the Chair of the Senate
Committee on Homeland Security and Governmental Affairs and the Chair
of the House of Representatives Committee on Oversight and Government
Reform.
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.
This notice of an altered system of records renames RFMS as the COD
system, expands the categories of records maintained in the system,
clarifies the categories of individuals covered by the system and the
system's purposes, updates the system locations, and reflects the
current programmatic routine use disclosures needed to carry out
responsibilities under the HEA. A notice for the previous version of
the COD system, the RFMS, was published in the Federal Register on June
4, 1999 (64 FR 30161-62) and amended on December 27, 1999 (64 FR
72407).
The COD system includes records on individuals who have received
title IV, HEA program assistance. These records include information
provided by recipients of title IV, HEA program assistance and the
parents of dependent recipients. The records contain individually
identifying information about the recipient, including, but not limited
to his or her: name, SSN, address, date of birth, e-mail address, and
citizenship status.
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 Web 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 22, 2010.
William J. Taggart,
Chief Operating Officer, Federal Student Aid.
For the reasons discussed in the preamble, the Chief Operating
Officer, Federal Student Aid, U.S. Department of Education (Department)
publishes a notice of altered system of records to read as follows:
SYSTEM NUMBER
18-11-02
SYSTEM NAME:
Common Origination and Disbursement (COD) System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATIONS:
Total Systems Services, Inc. (TSYS), 1600 First Ave., P.O. Box
2567, Columbus, GA 31902-2567. (This is the Computer Center for the COD
Application.) All electronic COD information is processed and stored
here. This includes the William D. Ford Federal Direct Loan (Direct
Loan) Program, the Federal Pell Grant Program, the Academic
Competitiveness Grant (ACG) Program, the National Science and
Mathematics Access to Retain Talent (National SMART) Grant Program, the
Teacher Education Assistance for College and Higher Education (TEACH)
Grant Program, and the Iraq and Afghanistan Service Grant Program.)
Affiliated Computer Services, Inc. (ACS), 2429 Military Road, Suite
200, Niagara Falls, NY 14304-1551. (This is the COD Customer Service
Center.)
HP Enterprise Services, COD Ancillary Services, 201 TechnaCenter
Dr., Suite 300, Montgomery, AL 36117-6044. (This center images and
stores all of the Direct Loan promissory notes.)
Dell Perot Systems, 2300 W. Plano Parkway, Plano, TX 75075-8427.
(The Direct Loan electronic promissory notes, TEACH Agreement to Serve
promissory notes, Direct Loan Entrance Counseling, TEACH Entrance
Counseling, and the COD archives are stored here.)
HP Enterprise Services, D5-2B-14, 6901 Windcrest Parkway, Plano, TX
75024-8427. (This is the data center for the paper promissory notes
processed by COD Ancillary Services.)
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records of individuals who apply for or
receive a Federal grant or loan under one of the following programs
authorized under title IV of the Higher Education Act of 1965, as
amended (HEA): (1) The Federal Pell Grant Program; (2) the ACG Program;
(3) the National SMART Grant Program; (4) the TEACH Grant Program; (5)
the Iraq and Afghanistan Service Grant Program; and (6) the Direct Loan
Program, which consists of Federal Direct Unsubsidized and Subsidized
Stafford/Ford Loans, and Federal Direct PLUS Loans. COD also contains
records of individuals who have completed Direct Loan Entrance
Counseling.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the COD system include, but are not limited to: (1)
Recipient identifier information including name, social security number
(SSN), and date of birth; (2) recipient demographic information such as
address, e-mail address, driver's license number, telephone number,
citizenship status, dependency status, estimated family contribution,
cost of attendance, post-secondary school identifier, and enrollment
information; (3) Federal Pell Grant, ACG, SMART Grant, TEACH Grant,
Iraq and Afghanistan Service Grant, and Direct Loan award amounts and
dates of disbursements; (4) Federal Pell Grant, ACG, SMART Grant, and
Iraq and Afghanistan Service Grant collection referral and payment
amounts; (5) Direct Loan promissory notes; (6) TEACH Agreement to Serve
documents; and, (7) Direct Loan and TEACH entrance counseling
[[Page 59244]]
information, including the SSNs of the recipients and the dates that
they completed the entrance counseling.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
This system of records is authorized under title IV of the HEA, 20
U.S.C. 1070 et seq.
PURPOSES:
The information contained in this system is maintained for the
following purposes related to students and borrowers: (1) To determine
recipient eligibility and benefits for the title IV, HEA programs; (2)
to store electronic data that support the existence of a legal
obligation to repay funds disbursed under the title IV, HEA programs,
including documentation such as promissory notes, and other agreements;
(3) to identify whether an individual may have received a title IV, HEA
Federal grant or loan at more than one educational institution for the
same enrollment period in violation of title IV, HEA program
regulations; and (4) to identify whether an individual may have
exceeded the annual award limits under the title IV, HEA Federal grant
or loan programs in violation of title IV, HEA program regulations.
The information in this system is also maintained for the following
purposes relating to institutions participating in and administering
the title IV, HEA programs: (1) To enable an educational institution to
reconcile, on an aggregate and recipient-level basis, the amount of
title IV, HEA Federal grant and Direct Loan funds that an institution
received with disbursements it made to, or on behalf of, eligible
students (including reconciling verification codes, reconciling the
funds received with disbursements made by type of funds received, and
making necessary corrections and adjustments); (2) to enable an
institution of higher education to perform on-line credit checks to
determine the credit worthiness of a borrower for title IV, HEA Federal
Direct PLUS Loans; and (3) to assist an institution of higher
education, a software vendor, or a third-party servicer with questions
about a title IV, HEA Federal grant or loan.
The information in this system is also maintained for the following
purposes relating to the Department's oversight of the title IV, HEA
programs: (1) To support the investigation of possible fraud and abuse
and to detect and prevent fraud and abuse in the title IV, HEA Federal
grant and loan programs; (2) to confirm that an institution of higher
education, or a program offered by an institution of higher education,
is eligible to receive title IV, HEA program funds; (3) to set and
adjust program funding authorization levels for each institution; (4)
to enforce institutional compliance with Department reporting
deadlines; and (5) to apply appropriate title IV, HEA funding controls.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
The Department may disclose information contained in a record in
this system of records under the routine uses listed in this system of
records without the consent of the individual if the disclosure is
compatible with the purposes for which the record was collected. The
Department may make these disclosures on a case-by-case basis or, if
the Department has complied with the computer matching requirements of
the Privacy Act of 1974, as amended (Privacy Act), under a computer
matching agreement.
(1) Program Purposes. The Department may disclose records from the
system of records for the following program purposes:
(a) To verify the identity of the recipient involved or the
accuracy of the record, or to assist with the determination of program
eligibility and benefits, the Department may disclose records to
institutions of higher education; financial institutions; third-party
servicers; and Federal, State, or local agencies;
(b) To store electronic data that support the existence of a legal
obligation to repay funds disbursed under the title IV, HEA programs,
including documentation such as promissory notes and other agreements,
the Department may disclose records to institutions of higher
education, third-party servicers, and Federal agencies;
(c) To identify whether an individual may have received a title IV,
HEA Federal grant or loan at more than one institution of higher
education for the same enrollment period in violation of title IV, HEA
regulations, the Department may disclose records to institutions of
higher education; third-party servicers; and Federal, State, or local
agencies;
(d) To identify whether an individual may have exceeded the annual
award limits under the title IV, HEA Federal grant or Direct Loan
Programs in violation of title IV, HEA regulations, the Department may
disclose records to institutions of higher education, third-party
servicers, and Federal agencies;
(e) To enable institutions of higher education to reconcile, on an
aggregate and recipient-level basis, the amount of title IV, HEA
Federal grant and Direct Loan funds that an institution received with
disbursements it made to, or on behalf of, eligible students (including
reconciling verification codes, reconciling the funds received with
disbursements made by type of funds received, and making necessary
corrections and adjustments), the Department may disclose records to
institutions of higher education; third-party servicers; and Federal,
State, or local agencies;
(f) To enable an institution of higher education to perform on-line
credit checks to determine the credit worthiness of a borrower for
title IV, HEA Federal Direct PLUS Loans, disclosures may be made to
institutions of higher education, third-party servicers, credit
reporting agencies, and Federal agencies;
(g) To assist an individual, institutions of higher education,
third-party servicers, or software vendors with questions about a title
IV, HEA Federal grant or loan, disclosures may be made to institutions
of higher education; software vendors; third-party servicers; and
Federal, State, or local agencies;
(h) To support the investigation of possible fraud and abuse and to
detect and prevent fraud and abuse in the title IV, HEA Federal grant
and loan programs, disclosures may be made to institutions of higher
education; third-party servicers; and Federal, State, or local
agencies.
(2) Congressional Member Disclosure. The Department may disclose
the records of an individual to a member of Congress or the member's
staff when necessary to respond to an inquiry from the member made at
the written request of that individual. The member's right to the
information is no greater than the right of the individual who
requested it.
(3) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutorial responsibility
within the receiving entity's jurisdiction.
(4) Enforcement Disclosure. In the event that information in this
system of records indicates, either on its face or in connection with
other information, a violation or potential violation of any applicable
statute, regulation, or order of a competent authority, the Department
may disclose the relevant records to the appropriate agency, whether
foreign, Federal, State, Tribal, or local, charged with the
responsibility
[[Page 59245]]
of investigating or prosecuting that violation or charged with
enforcing or implementing the statute, Executive order, rule,
regulation, or order issued pursuant thereto.
(5) Litigation or Alternative Dispute Resolution (ADR) Disclosure.
(a) Introduction. In the event that one of the following parties
listed below is involved in litigation or ADR, or has an interest in
litigation or ADR, the Department may disclose certain records from
this system of records to the parties described in paragraphs (b), (c)
and (d) of this routine use under the conditions specified in those
paragraphs:
(i) The Department or any of its components.
(ii) Any Department employee in his or her official capacity.
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has been requested to or has agreed to
provide or arrange for representation of the employee.
(iv) Any Department employee in his or her individual capacity when
the Department has agreed to represent the employee.
(v) The United States when the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to the DOJ. If the Department determines that
disclosure of certain records to the DOJ is relevant and necessary to
litigation or ADR, the Department may disclose those records as a
routine use to the DOJ.
(c) Adjudicative Disclosure. If the Department determines that it
is relevant and necessary to litigation or ADR to disclose certain
records from this system of records to an adjudicative body before
which the Department is authorized to appear or to an individual or an
entity designated by the Department or otherwise empowered to resolve
or mediate disputes, the Department may disclose those records as a
routine use to the adjudicative body, individual, or entity.
(d) Disclosure to Parties, Counsel, Representatives, or Witnesses.
If the Department determines that disclosure of certain records to a
party, counsel, representative, or witness is relevant and necessary to
the litigation or ADR, the Department may disclose those records as a
routine use to the party, counsel, representative, or witness.
(6) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose
information from this system of records to a Federal, State, or local
agency or to another public authority or professional organization, if
necessary, to obtain information relevant to a Department decision
concerning the hiring or retention of an employee or other personnel
action; the issuance of a security clearance; the letting of a
contract; or the issuance of a license, grant, or other benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose information from this system
of records to a Federal, State, local, or foreign agency or other
public authority or professional organization, in connection with the
hiring or retention of an employee or other personnel action; the
issuance of a security clearance; the reporting of an investigation of
an employee; the letting of a contract; or the issuance of a license,
grant, or other benefit, to the extent that the record is relevant to
the receiving entity's decision on the matter.
(7) Employee Grievance, Complaint, or Conduct Disclosure. If a
record is relevant and necessary to a grievance, complaint, or
disciplinary proceeding involving a present or former employee of the
Department, the Department may disclose a record from this system of
records in the course of investigation, fact-finding, or adjudication
to any party to the grievance, complaint, or action; to the party's
counsel or representative; to a witness; or to a designated fact-
finder, mediator, or other person designated to resolve issues or
decide the matter. The disclosure may only be made during the course of
investigation, fact-finding, or adjudication.
(8) Labor Organization Disclosure. The Department may disclose a
record from this system of records to an arbitrator to resolve disputes
under a negotiated grievance procedure or to officials of a labor
organization recognized under 5 U.S.C. chapter 71 when relevant and
necessary to their duties of exclusive representation.
(9) Freedom of Information Act (FOIA) and Privacy Act Advice
Disclosure. The Department may disclose records from this system of
records to the DOJ or Office of Management and Budget (OMB) if the
Department concludes that disclosure is desirable or necessary in
determining whether particular records are required to be disclosed
under the FOIA or the Privacy Act.
(10) Disclosure to the DOJ. The Department may disclose records
from this system of records to the DOJ to the extent necessary for
obtaining DOJ advice on any matter relevant to an audit, inspection, or
other inquiry related to the programs covered by this system.
(11) Contract Disclosure. If the Department contracts with an
entity for the purposes of performing any function that requires
disclosure of records in this system to employees of the contractor,
the Department may disclose the records to those employees. Before
entering into such a contract, the Department must require the
contractor to maintain Privacy Act safeguards as required under 5
U.S.C. 552a(m) with respect to the records in the system.
(12) Research Disclosure. The Department may disclose records from
this system of records to a researcher if the Department determines
that the individual or organization to which the disclosure would be
made is qualified to carry out specific research related to functions
or purposes of this system of records. The official may disclose
records from this system of records to that researcher solely for the
purpose of carrying out that research related to the functions or
purposes of this system of records. The researcher must be required to
maintain Privacy Act safeguards with respect to the disclosed records.
(13) Disclosure to OMB for Credit Reform Act (CRA) Support. The
Department may disclose records from this system of records to OMB as
necessary to fulfill CRA requirements.
(14) Disclosure in the Course of Responding to Breach of Data. The
Department may disclose records from this system of records to
appropriate agencies, entities, and persons when (a) the Department
suspects or has confirmed that the security or confidentiality of
information in this system 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 by
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 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 to a consumer reporting agency information regarding a valid,
overdue claim of the Department. Such
[[Page 59246]]
information is limited to (1) the name, address, taxpayer
identification number, and other information necessary to establish the
identity of the individual responsible for the claim; (2) the amount,
status, and history of the claim; and (3) the program under which the
claim arose. The Department may disclose the information specified in
this paragraph under 5 U.S.C. 552a(b)(12) and the procedures contained
in 31 U.S.C. 3711(e). A consumer reporting agency to which these
disclosures may be made is defined 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 Department electronically stores origination and disbursement
records on hard disk at TSYS in Columbus, Georgia. It stores electronic
master promissory notes on hard disk at the Dell Perot Systems Data
Center in Plano, Texas. Paper Direct Loan promissory notes are stored
in locked vaults in Montgomery, Alabama and at a Federal Records Center
near Atlanta, Georgia. Data obtained from the paper promissory notes
are stored on hard disks at TSYS in Columbus, Georgia. This data is
referred to as metadata and is used by the system to link promissory
notes to borrower data. The Department also creates electronic images
of the paper promissory notes at the HP facility in Montgomery, AL and
stores the images at the HP facility in Plano, Texas.
RETRIEVABILITY:
Records in the system are retrieved by the individual's SSN or
name, or by the institution's Office of Postsecondary Education
identification number (OPEID).
SAFEGUARDS:
All physical access to the sites of the Department's contractors
where this system of records is maintained, is controlled and monitored
by security personnel who check each individual entering the buildings
for his or her employee or visitor badge.
In accordance with the Department's Administrative Communications
System Directive OM: 5-101 entitled ``Contractor Employee Personnel
Security Screenings,'' all contract and Department personnel who have
facility access and system access must undergo a security clearance
investigation. Individuals requiring access to Privacy Act data are
required to hold, at a minimum, a moderate-risk security clearance
level. These individuals are required to undergo periodic screening at
five-year intervals.
In addition to undergoing security clearances, contract and
Department employees are required to complete security awareness
training on an annual basis. Annual security awareness training is
required to ensure that contract and Department users are appropriately
trained in safeguarding Privacy Act data in accordance with OMB
Circular No. A-130, Appendix III.
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a ``need-to-
know'' basis and controls individual users' ability to access and alter
records within the system. All users of this system of records are
given a unique user identification. The Department's Federal Student
Aid (FSA) Information Security and Privacy Policy requires the
enforcement of a complex password policy. In addition to the
enforcement of the complex password policy, users are required to
change their password at least every 90 days in accordance with the
Department's information technology standards.
RETENTION AND DISPOSAL:
Federal Direct Loan Records:
Records are maintained and disposed of in accordance with ED 072
FSA Application, Origination, and Disbursement Records, Item b.2.
Records are destroyed 15 years after final repayment or audit, or after
relevant data is transferred to an alternate recordkeeping system
(i.e., loan servicing system), whichever occurs first.
Grant Records:
Records are maintained and disposed of in accordance with ED 072
FSA Application, Origination, and Disbursement Records, Item b.2.
Records are destroyed 15 years after final repayment or audit, or after
relevant data is transferred to an alternate recordkeeping system
(i.e., National Student Loan Data System), whichever occurs first.
SYSTEM MANAGER AND ADDRESS:
System Manager, Common Origination and Disbursement System, FSA,
U.S. Department of Education, UCP, 830 First Street, NE., 6th Floor,
Washington, DC 20202-5454.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
the system of records, provide the system manager with your name, date
of birth, and SSN. Requests must meet the requirements in 34 CFR 5b.5,
including proof of identity.
RECORD ACCESS PROCEDURE:
If you wish to gain access to a record in this system, provide the
system manager with your name, date of birth, and SSN. Requests by an
individual for access to a record must meet the requirements in 34 CFR
5b.5, including proof of identity.
CONTESTING RECORD PROCEDURE:
If you wish to change the content of a record regarding you in the
system of records, provide the system manager with your name, date of
birth, and SSN. Identify the specific items to be changed, and provide
a written justification for the change. Requests to amend a record must
meet the requirements in 34 CFR 5b.7.
RECORD SOURCE CATEGORIES:
This system includes records on individuals who have received title
IV, HEA program assistance. These records include information provided
by recipients of title IV, HEA program assistance and the parents of
dependent recipients. This system also includes information from
Federal Grant and Direct Loan origination and disbursement records
provided by institutions of higher education or their agents to the
Department. The Central Processing System (CPS) (covered by the
Department's Privacy Act system of records notice entitled ``Federal
Student Aid Application File'' (18-11-01)) electronically sends the COD
system the Abbreviated Applicant File to validate all CPS-processed
Free Application for Federal Student Aid (FAFSA) records with the
Federal Grant and Direct Loan disbursement data processed through the
COD system.
The Department's Privacy Act system of records notice entitled
``Common Services for Borrowers (CSB)'' (18-11-16) sends COD booking
acknowledgements, discharge information, and payments to servicer data.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2010-24162 Filed 9-24-10; 8:45 am]
BILLING CODE 4000-01-P