Privacy Act of 1974; System of Records, 47265-47271 [2019-19354]
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Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Notices
DEPARTMENT OF EDUCATION
[Docket ID ED–2018–FSA–014]
Privacy Act of 1974; System of
Records
Federal Student Aid, U.S.
Department of Education.
ACTION: Notice of a modified system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), the Chief Operating
Officer for Federal Student Aid (FSA) of
the Department of Education
(Department) publishes this notice of a
modified system of records entitled
‘‘National Student Loan Data System
(NSLDS)’’ (18–11–06). The information
contained in this system is maintained
for various purposes relating to students
and borrowers. This includes
determining student/borrower eligibility
for Federal student financial assistance
under the programs authorized by title
IV of the Higher Education Act of 1965,
as amended (HEA). The information
contained in this system is also
maintained to assist institutions of
higher education in participating in and
administering the title IV HEA programs
by verifying the eligibility of borrowers
and tracking loans. The information
maintained in this system is also
maintained to assist the Department’s
oversight and administration of the title
IV HEA programs including evaluating
their effectiveness.
DATES: Submit your comments on this
modified system of records notice on or
before October 9, 2019.
This modified system of records
notice will become applicable upon
publication in the Federal Register on
September 9, 2019. Modified routine
uses—(1)(f), 1(g), and (1)(p), (3), (5),
(7)(b), (8), (11), and (12)—and new
routine use (13) outlined in the
paragraph entitled ‘‘ROUTINE USES OF
RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH
USES’’ will become applicable on
October 9, 2019, unless the modified
system of records notice needs to be
changed as a result of public comment.
The Department will publish any
changes resulting from public comment.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or those
submitted after the comment period. To
ensure that we do not receive duplicate
copies, please submit your comments
only once. In addition, please include
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SUMMARY:
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the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under the ‘‘help’’ tab.
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about this modified
system of records, address them to:
Director, Systems Integration Division,
System Operations and Aid Delivery
Management Services, Business
Operations, Federal Student Aid (FSA),
U.S. Department of Education, Union
Center Plaza (UCP), 830 First Street NE,
Room 41F1, Washington, DC 20202–
5454.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record: On request we will
provide 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:
Valerie Sherrer, Director, System
Integration Manager, System Integration
Division, System Operations and Aid
Delivery Management Services,
Business Operations, FSA, U.S.
Department of Education, UCP, 830
First Street NE, Room 41F1,
Washington, DC 20202–5454.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), you may call the
Federal Relay Service (FRS), toll free, at
1–800–877–8339.
SUPPLEMENTARY INFORMATION:
Introduction
The National Student Loan Data
System (18–11–06) was last published
in full in the Federal Register on June
28, 2013 (78 FR 38963) and most
recently altered on April 2, 2014 (79 FR
18534).
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One of the reasons that the
Department is modifying the system of
records is to indicate that the purposes
of the system include assisting the
Department in identifying individuals
who have student loans that may be
eligible for a total and permanent
disability (TPD) discharge and
streamlining the process for applying for
a TPD discharge. Three purposes of the
system have been updated to the section
entitled ‘‘PURPOSE(S) OF THE
SYSTEM’’ to include providing data for
the calculation of performance metrics
related to gainful employment
programs, informing qualified
individuals about TPD discharges and
streamlining the process for applying for
a TPD discharge, and providing
additional consumer tools to
prospective students on loan repayment
rates, completion rates, and median debt
to better evaluate the effectiveness of
institutions. Furthermore, the section is
being modified to remove providing an
Exit Counseling tool for grant and loan
programs as a purpose of the system.
The Data Challenges and Appeals
Solutions (DCAS) (18–11–18) system of
records notice published in the Federal
Register on September 21, 2015 (80 FR
56969–56972) covers records that allow
institutions to electronically challenge
the data used in the gainful employment
calculations. The Department published
the DCAS system of records notice but
did not utilize the system it was
intended to cover. The Department will
publish a modified system of records
notice amending the DCAS system of
records notice to remove references to
gainful employment calculations in
order to not have duplicating system of
records notices for these records.
We also have modified the section
entitled ‘‘SECURITY
CLASSIFICATION’’ to change it from
‘‘none’’ to ‘‘unclassified’’ and the
section entitled ‘‘SYSTEM LOCATION’’
to reflect the current name of the data
center, and to include the location of the
system manager as well as an additional
location for the system. The Department
is also including the two locations of
customer service centers where records
are also maintained. The section
entitled ‘‘SYSTEM MANAGER’’ also has
been updated to reflect the creation of
the System Integration Division within
FSA’s System Operations and Aid
Delivery Management Services.
The section entitled ‘‘CATEGORIES
OF RECORDS IN THE SYSTEM’’ has
been updated to include information
obtained from other Federal agencies to
assist the Department in identifying
individuals who have student loans that
may be eligible for a TPD discharge and
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to streamline the process for applying
for a TPD discharge.
The section entitled ‘‘RECORD
SOURCE CATEGORIES’’ has been
updated to include information
obtained from other Federal agencies
and from other persons or entities from
which data is obtained under the
routine uses set forth in the system of
records notice. This section also has
been updated to indicate that
information is obtained from students
and parents, rather than indicating that
information is only obtained via the
‘‘Free Application for Federal Student
Aid completed by students and
parents.’’
The Department is modifying
programmatic routine use (1)(f) to
permit the Department to disclose
records to support governmental
research and policy analysis by
governmental organizations at the
Federal, State, or local level, rather than
by Federal State, and local agencies, and
to replace a requirement ensuring
compliance with the Privacy Act with a
requirement that the recipient must
agree to establish and maintain
safeguards to protect the security and
confidentiality of the disclosed records.
The Department is modifying
programmatic routine use (1)(g) to
clarify that in order to support Federal
budget analysts in the development of
budget needs and forecasts, the
Department may disclose records to the
Congressional Budget Office (CBO), in
addition to Federal and State agencies.
The Department is also making a
minor modification to programmatic
routine use (1)(p) to clarify that the U.S.
Department of the Treasury is an
additional Federal agency with which
the Department may share data in
NSLDS in order for the Department to
evaluate program effectiveness and to
provide the public with greater
transparency about programs that
receive title IV funds.
The Department is removing routine
use (2) entitled ‘‘Disclosure for Use by
Other Law Enforcement Agencies’’
because the component of FSA that
maintains the system is not a law
enforcement agency.
The Department is modifying routine
use (3)(c), formerly routine use (4)(c), to
insert the word ‘‘person’’ in place of the
word ‘‘individual’’ to avoid confusion
because ‘‘individual’’ is a defined term
in the Privacy Act.
The Department is also modifying
routine use (5), formerly routine use (6),
to remove the reference to ‘‘safeguards
required under the Privacy Act (5 U.S.C.
552a(m))’’ to now require that all
contractors agree to establish and
maintain safeguards to protect the
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security and confidentiality of the
disclosed records. The Department is
also removing language that indicated
that the Department would require these
safeguards ‘‘before entering into such a
contract’’ to instead indicate that they
will be included ‘‘as part of such a
contract.’’
The Department is updating routine
use (7)(b), formerly routine use (8)(b), to
include FSA contractors as entities to
which the Department may disclose
records in order to permit FSA
contractors to make hiring or retention
decisions or to take other personnel
actions with respect to their own
employees, to the extent that they
determine that such records are relevant
and necessary to their decision or
action.
The Department is modifying routine
use (8), formerly routine use (9), to
standardize it with other language used
by the Department to permit disclosure
of records in the Department’s systems
of records when they are relevant and
necessary to employee grievances,
complaints, or disciplinary actions.
The Department is modifying routine
use (11), formerly routine use (12), to
permit the Department to disclose
records to the CBO, in addition to the
Office of Management and Budget, as
necessary to fulfill the requirements of
the Federal Credit Reform Act of 1990,
as amended, in accordance with 2
U.S.C. 661b.
Pursuant to the requirements in Office
of Management and Budget
Memorandum M–17–12 entitled
‘‘Preparing for and Responding to a
Breach of Personally Identifiable
Information,’’ the Department is also
adding an additional routine use (13) to
permit the Department to disclose
records from this system of records in
the course of assisting another Federal
agency or entity in responding to a
breach of data as well as modifying
routine use (12), formerly routine use
(13), permitting the Department to
disclose records from this system of
records in responding to a breach of
data in this system of records.
The Department is updating the
section entitled ‘‘POLICIES AND
PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS’’ to reference
the current, updated Department
records retention and disposition
schedule, as approved by the National
Archives and Records Administration
(NARA), covering records in this
system.
The section entitled
‘‘ADMINISTRATIVE, TECHNICAL,
AND PHYSICAL SAFEGUARDS’’ has
also been modified to more clearly and
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comprehensively explain how the data
in NSLDS is protected.
The sections entitled ‘‘RECORD
ACCESS PROCEDURES,’’
‘‘CONTESTING RECORD
PROCEDURES,’’ and ‘‘NOTIFICATION
PROCEDURES’’ were modified to define
the ‘‘necessary particulars’’ needed to
access, contest, or be notified of a
record.
The Department has also added a
section entitled ‘‘HISTORY.’’
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the person listed under FOR
FURTHER INFORMATION CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: September 3, 2019
Mark A. Brown,
Chief Operating Officer, Federal Student Aid.
For the reasons discussed in the
preamble, the Chief Operating Officer,
Federal Student Aid (FSA), of the U.S.
Department of Education (Department),
publishes a notice of a modified system
of records to read as follows:
SYSTEM NAME AND NUMBER:
National Student Loan Data System
(NSLDS) (18–11–06).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Director, System Integration Division,
System Operations and Aid Delivery
Management Services, Business
Operations, Federal Student Aid (FSA),
U.S. Department of Education, UCP, 830
First Street, NE, room 41F1,
Washington, DC 20202–5454.
Mid-Atlantic Data Center (MDC), 250
Burlington Drive, Clarksville, Virginia
23927–3201.
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Briefcase Systems (BSD), 3330 N.
Washington Street, Arlington, VA
22201.
The following two listings are the
locations of the NSLDS Customer
Service Centers:
NSLDS Call Center is located at 3833
Greenway Drive, Lawrence, Kansas
66046.
General Dynamics Information
Technology (GDIT), 2450 Oakdale Blvd.,
Coralville, IA 52241.
SYSTEM MANAGER(S):
Director, System Integration Division,
System Operations and Aid Delivery
Management Services, Business
Operations, Federal Student Aid (FSA),
U.S. Department of Education, UCP, 830
First Street NE, Room 41F1,
Washington, DC 20202–5454.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The authority under which the system
is maintained includes sections 101,
102, 132(i), 485, and 485B of the Higher
Education Act of 1965, as amended
(HEA)(20 U.S.C. 1001, 1002, 1015a(i),
1092, and 1092b) and section 431 of the
General Education Provisions Act (20
U.S.C. 1231a(2)-(3)). The collection of
Social Security numbers (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).
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PURPOSE(S) OF THE SYSTEM:
The information contained in this
system is maintained for the following
purposes relating to students and
borrowers: (1) To determine student/
borrower eligibility for federal student
financial aid programs authorized by
title IV of the HEA by NSLDS pre- and
post-screening processes; (2) to report
changes in student/borrower enrollment
status and enrollment in gainful
employment programs; (3) to track loan
borrowers and students who owe grant
overpayment amounts (debtors); (4) to
provide web-based access for borrowers/
students to their loan, grant, and
enrollment data; (5) to maintain
information on the status of student
loans; (6) to maintain information on the
Federal Pell Grant program, the
Academic Competitiveness Grants
(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, the
Federal Supplemental Educational
Opportunity Grant (FSEOG) program,
and the Iraq and Afghanistan Service
Grant program awards to students; (7) to
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provide borrowers and NSLDS users
with loan refund/cancellation details;
(8) to track the level of study and
Classification of Instructional Programs
(CIP) code of students’ programs to limit
eligibility for Direct Subsidized Loans to
no more than 150 percent of the
published length of the educational
program in which the student is
enrolled, and to determine when a
borrower who enrolls after reaching the
150 percent limit will be responsible for
the accruing interest on outstanding
Direct Subsidized Loans; (9) to inform
qualifying individuals about total and
permanent disability (TPD) discharges
and to streamline the process for
applying for a discharge; and (10) to
provide consumer tools to prospective
students and borrowers to better
evaluate the effectiveness of
institutions’ costs, financial aid, loan
repayment rates, completion rates,
median debts, and aggregate earnings of
title IV aid recipients who were enrolled
at postsecondary institutions
participating in the title IV HEA
programs so that prospective students
can make informed decisions about
which postsecondary institution to
attend.
The information in NSLDS is also
maintained for the following purposes
relating to institutions of higher
education participating in and
administering the title IV HEA
programs: (1) To permit Department
staff, Department contractors, guaranty
agencies, eligible lenders, and eligible
institutions of higher education to verify
the eligibility of a student, potential
student, or parent for loans or Pell
grants; (2) to provide student aggregate
loan calculations to educational
institutions; (3) to track loan transfers
from one holder or servicer 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,
Department staff, and Department
contractors; (6) to alert educational
institutions of changes in financial aid
eligibility of students via the Transfer
Student Monitoring process; (7) to assist
Department staff, Department
contractors and agents, guaranty
agencies, educational institutions,
lenders, and servicers in collecting
debts arising from the receipt of title IV,
HEA funds; (8) to assess title IV, HEA
program activities by guaranty agencies,
educational institutions, lenders, and
servicers; (9) to display organizational
contact information provided by
educational institutions, guaranty
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agencies, lenders, and servicers; (10) to
provide reporting capabilities for
educational institutions, guaranty
agencies, lenders, and servicers for use
in title IV, HEA administrative functions
and for the Department for use in
oversight and compliance; (11) to
provide financial institutions and
servicers, Department staff, and
Department contractors with contact
information on loan holders for use in
the collection of loans; (12) to provide
schools and servicers with information
to resolve overpayments of Pell, ACG,
National SMART, TEACH, Iraq and
Afghanistan Service Grants, and FSEOG
grants; (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; (14) to obtain data
on and to report on students in a gainful
employment program for the purposes
of establishing whether a particular
gainful employment program is
successfully preparing students to be
gainfully employed and making this
information available to the institution;
(15) to obtain data and report the level
of study, CIP code, and published length
of an educational program in which a
student receiving title IV, HEA Federal
student aid is enrolled to ensure his or
her eligibility for Direct Subsidized
Loans is limited to no more than 150
percent of the published length of the
educational program, and to determine
when a borrower who enrolls after
reaching the 150 percent limit will be
responsible for the accruing interest on
outstanding Direct Subsidized Loans;
(16) to provide consumer tools that are
designed to simplify information that
prospective students receive about
costs, financial aid, loan repayment
rates, completion rates, median debts,
and aggregate earnings of title IV aid
recipients who were enrolled at
postsecondary institutions participating
in the title IV, HEA programs so that
these prospective students can make
informed decisions about which
postsecondary institution to attend, and
(17) to provide data for institutions to
challenge their gainful employment
performance metrics.
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, HEA
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
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Federal Credit Reform Act of 1990, as
amended (CRA) (2 U.S.C. 661 et seq.);
(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 the Ensuring Continued Access
to Student Loan Act of 2008 (ECASLA)
(P.L. 110–227); (7) to track TEACH
grants that have been converted to
loans; (8) to track eligibility for Public
Service Loan Forgiveness; (9) to assist in
the calculation of metrics related to
gainful employment programs; (10) to
provide data for program oversight and
strategic decision-making in the
administration of higher education
programs; (11) to track eligibility for
Direct Subsidized Loans and interest
subsidy based upon the level of study,
CIP code, and published length of the
educational program in which a student
is enrolled; and (12) to evaluate the
effectiveness of an institution’s
education programs, and help provide
information to the public at the
institutional and programmatic level on
this effectiveness.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system contains records on
individual recipients of aid under the
title IV, HEA programs.
This system contains records on
borrowers who received loans under
one of the programs authorized under
title IV of the HEA including the (1)
Direct Loan Program, (2) Federal Family
Education Loan (FFEL) Program, (3)
Federal Insured Student Loan (FISL)
Program, and (4) Federal Perkins Loan
Program (including National Defense
Student Loans, National Direct Student
Loans, and Perkins Expanded Lending
and Income Contingent Loans) (Perkins
Loans). The system also contains
records on recipients of Federal Pell
Grants, ACG, National SMART Grants,
TEACH Grants, and Iraq and
Afghanistan Service Grants, as well as
on individuals who owe an
overpayment on a Federal Pell Grant, an
ACG, a National SMART Grant, a
FSEOG, an Iraq and Afghanistan Service
Grant, or a Federal Perkins Loan.
NSLDS further contains student
enrollment information for individuals
who have received title IV, HEA student
assistance as well as 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.
The system also contains records on
students who are title IV, HEA
recipients and who attended, or who are
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attending, a gainful employment
program at a postsecondary educational
institution.
The system also contains records on
the level of study, CIP code, and
published length of an educational
program in which a student receiving
title IV, HEA Federal student aid is
enrolled to limit his or her eligibility for
Direct Subsidized Loans to no more
than 150 percent of the published length
of the educational program in which the
student is enrolled, and to determine
when a borrower who enrolls after
reaching the 150 percent limit will be
responsible for the accruing interest on
outstanding Direct Subsidized Loans.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in NSLDS include, but are
not limited to: (1) Borrower identifier
information including SSN, name, date
of birth, address, phone number, email
address, and driver’s license
information; (2) information on the
borrower’s loan(s) 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, repayment plan payments
and related information, collections,
claims, deferments, forbearances,
refunds, and cancellations; (3) for
students who began a program of study
that prepares them for gainful
employment in a recognized occupation
pursuant to sections 1001 and 1002 of
the HEA (‘‘gainful employment
program’’), student identifiers including
the student’s SSN, date of birth, and
name, student enrollment information
including the Office of Postsecondary
Education identification number (OPEID
number) of the institution, the CIP code
for the gainful employment program in
which the student enrolled, and, if the
student completed the program, the
completion date and the CIP code of the
completed program, the level of study,
the amount of the student’s private
educational loan debt, the amount of
institutionally provided financing owed
by the student, and whether the student
matriculated to a higher credentialed
program at the same institution or
another institution; (4) aggregated
income information on graduates and
non-completers of particular gainful
employment programs, and the median
loan debt incurred by students enrolled
in the gainful employment program,
regardless of whether they completed
the program; (5) student demographic
information, such as dependency status,
citizenship, veteran status, marital
status, gender, income and asset
information (including income and asset
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information on the student’s spouse, if
married), expected family contribution,
and address; (6) information on the
parent(s) of a dependent recipient,
including, but not limited to: Name,
date of birth, SSN, marital status, email
address, highest level of schooling
completed, and income and asset
information; (7) information related to a
borrower’s application for an incomedriven repayment plan, including
information such as current income,
family size, repayment plan selection,
and, if married, information about the
borrower’s spouse; (8) Federal Pell
Grant, ACG Grant, National SMART
Grant, TEACH Grant, and Iraq and
Afghanistan Service Grant amounts and
dates of disbursement; (9) Federal Pell
Grant, ACG Grant, National SMART
Grant, Iraq and Afghanistan Service
Grant, FSEOG, and Federal Perkins
Loan Program overpayment amounts;
(10) demographic and contact
information on the guaranty agency that
guarantees the borrower’s FFEL loan
and the lender(s), holder(s), and
servicer(s) of the borrower’s loan(s); (11)
NSLDS user profiles that include name,
SSN, date of birth, employer, and
NSLDS user name; (12) information
concerning the date of any default on
loans and the aggregated loan data to
support cohort default rate calculations
for educational institutions, financial
institutions, and guaranty agencies; (13)
pre- and post-screening results used to
determine a student’s or parent’s aid
eligibility; (14) information on financial
institutions participating in the loan
participation and sale programs
established by the Department under
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;
(15) information on the student’s
educational institution, level of study,
the CIP code, and published length for
the program in which the student
enrolled for an institution or programs
of studies at the institution; and (16)
information obtained pursuant to
matching programs, which includes
Medical Improvement Not Expected
disability status from the U.S. Social
Security Administration (SSA) and
disability determination dates for any
borrower who is a veteran and has
received a U.S. Department of Veterans
Affairs (VA) disability compensation
benefit due to a 100% disabling serviceconnected disability rating or a
determination that the veteran is totally
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disabled based on an individual
unemployability rating, to assist the
Department in identifying individuals
who have student loans that may be
eligible for a TPD discharge and to
streamline the process for applying for
a TPD discharge.
RECORD SOURCE CATEGORIES:
Information is obtained from Federal
agencies, including SSA and VA,
guaranty agencies, educational
institutions, financial institutions and
servicers, and students and parents.
Information is also obtained from other
Department systems such as the Federal
Loan Servicers (covered by the system
of records entitled ‘‘Common Services
for Borrowers (CSB)’’); Debt
Management Collection System
(covered by the system of records
entitled ‘‘Common Services for
Borrowers (CSB)’’); Common
Origination and Disbursement System
(covered by the system of records
entitled ‘‘Common Origination and
Disbursement (COD) System’’);
Financial Management System (covered
by the system of records entitled
‘‘Financial Management System
(FMS)’’); Student Aid internet Gateway,
Participant Management System
(covered by the system of records
entitled ‘‘Student Aid internet Gateway
(SAIG), Participation Management
System’’); Postsecondary Education
Participants System (covered by the
system of records entitled
‘‘Postsecondary Education Participants
System’’); and Central Processing
System (covered by the system of
records entitled ‘‘Federal Student Aid
Application File’’). Information in this
system also may be obtained from other
persons or entities from which data is
obtained under routine uses set forth
below.
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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
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 (Privacy Act), under a
computer matching agreement.
(1) Program Disclosures. The
Department may disclose records to the
specified users for the following
program purposes:
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(a) To verify the identity of the
applicant involved, the accuracy of the
record, or to assist with the
determination of program eligibility and
benefits, as well as institutional program
eligibility, 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 and
servicers, and State agencies;
(c) To determine if educational
programs lead to gainful employment in
a recognized occupation, the
Department may disclose records to
educational institutions;
(d) To provide financial aid history
information to aid in their
administration of title IV, HEA
programs, the Department may disclose
records to educational institutions,
guaranty agencies, loan holders, or
servicers;
(e) To support auditors and program
reviewers in planning and carrying out
their assessments of title IV, HEA
program compliance, the Department
may disclose records to guaranty
agencies, educational institutions,
financial institutions and servicers, and
to Federal, State, and local agencies;
(f) To support governmental
researchers and policy analysts, the
Department may disclose records to
governmental organizations at the
Federal, State, or local level, using
safeguards for system integrity and
provided that the recipient agrees to
establish and maintain safeguards to
protect the security and confidentiality
of the disclosed records;
(g) To support Federal budget analysts
in the development of budget needs and
forecasts, the Department may disclose
records to the Congressional Budget
Office (CBO) and to Federal and State
agencies;
(h) 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;
(i) To assist analysts in assessing title
IV, HEA program participation by
guaranty agencies, educational
institutions, and financial institutions
and servicers, the Department may
disclose records to Federal and State
agencies;
(j) To assist loan holders in locating
borrowers, the Department may disclose
records to guaranty agencies,
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educational institutions, financial
institutions that hold an interest in the
loan and their servicers, and to Federal
agencies;
(k) To assist with meeting
requirements under the CRA, the
Department may disclose records to
Federal agencies;
(l) To assist program administrators
with tracking refunds and cancellations
of title IV, HEA loans, the Department
may disclose records to guaranty
agencies, educational institutions,
financial institutions and servicers, and
to Federal and State agencies;
(m) 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, to the
Department of Justice and private
counsel retained by the Department of
Justice, and to other Federal, State, or
local agencies;
(n) To assist the Department in
tracking loans funded under ECASLA,
the Department may disclose records to
Federal agencies;
(o) To assist the Department in
complying with requirements that limit
eligibility for Direct Subsidized Loans to
no more than 150 percent of the
published length of the educational
program in which the student is
enrolled, and to determine when a
borrower who enrolls after reaching the
150 percent limit will be responsible for
the interest accruing on outstanding
Direct Subsidized Loans thereafter, the
Department may disclose records to the
applicant, guaranty agencies,
educational institutions, financial
institutions and servicers, and to
Federal and State agencies; and
(p) To obtain data needed to assist the
Department in evaluating the
effectiveness of an institution’s
education programs and to provide the
public with greater transparency about
the level of economic return of an
educational institution and their
programs that receive title IV, HEA
program assistance, the Department may
disclose records to educational
institutions and to Federal and State
agencies, including the Social Security
Administration and the U.S. Department
of the Treasury.
(2) 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,
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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.
(3) Litigation and Alternative Dispute
Resolution (ADR) Disclosure.
(a) Introduction. In the event that one
of the following parties listed in subparagraphs (i) through (v) is involved in
judicial or administrative litigation or
ADR, or has an interest in such
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 requests representation for
or 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 the judicial or
administrative litigation or ADR, the
Department may disclose those records
as a routine use to the DOJ.
(c) Adjudicative Disclosure. If the
Department determines that disclosure
of certain records to an adjudicative
body before which the Department is
authorized to appear or to a person or
entity designated by the Department or
otherwise empowered to resolve or
mediate disputes is relevant and
necessary to judicial or administrative
litigation or ADR, the Department may
disclose those records as a routine use
to the adjudicative body, person, or
entity.
(d) Disclosure to Parties, Counsel,
Representatives, and Witnesses. If the
Department determines that disclosure
of certain records is relevant and
necessary to judicial or administrative
litigation or ADR, the Department may
disclose those records as a routine use
to the party, counsel, representative, or
witness.
(4) Freedom of Information Act
(FOIA) or Privacy Act Advice
Disclosure. The Department may
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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.
(5) 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.
As part of such a contract, the
Department shall require the contractor
to agree to establish and maintain
safeguards to protect the security and
confidentiality of the disclosed records.
(6) 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.
(7) Employment, Benefit, and
Contracting Disclosure.
(a) For Decisions by the Department.
The Department may disclose a record
to a Federal, State, or local agency
maintaining civil, criminal, or other
relevant enforcement or other pertinent
records, or to another public authority
or professional organization, if
necessary to obtain information relevant
to a Departmental 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, Professional Organizations, or
FSA Contractors. The Department may
disclose a record to a Federal, State,
local, or other public authority,
professional organization, or FSA
contractor, 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.
(8) 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 during the course of
investigation, fact-finding, mediation, or
adjudication to any party to the
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Fmt 4703
Sfmt 4703
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.
(9) 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. 71 when
relevant and necessary to their duties of
exclusive representation.
(10) Disclosure to the DOJ. The
Department may disclose records to the
DOJ to the extent necessary for
obtaining DOJ advice on any matter
relevant to an audit, inspection, or other
inquiry related to the programs covered
by this system.
(11) Disclosure to the OMB or CBO for
CRA Support. The Department may
disclose records to OMB or CBO as
necessary to fulfill CRA requirements in
accordance with 2 U.S.C. 661b.
(12) 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 there has been a breach of the
system of records; (b) the Department
has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, the
Department (including its information
systems, programs and operations), the
Federal government, or national
security; 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 breach or to prevent,
minimize, or remedy such harm.
(13) Disclosure in Assisting another
Agency in Responding to a Breach of
Data. The Department may disclose
records from this system to another
Federal agency or Federal entity, when
the Department determines that
information from this system of records
is reasonably necessary to assist the
recipient agency or entity in (a)
responding to a suspected or confirmed
breach or (b) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
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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 in 15 U.S.C. 1681a(f)
and 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The records are stored electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
In order for users to retrieve student/
borrower information, they must supply
the student/borrower SSN, name, and
date of birth.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
All records are retained and disposed
of in accordance with ED Records
Schedule 051: National Student Loan
Data System (NSLDS) (DAA–0441–
2017–0004) (ED 051). Records are
destroyed 30 years after cutoff. Cutoff is
annually when an applicable account is
paid-in-full.
jbell on DSK3GLQ082PROD with NOTICES
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Authorized users: Access to the
system is limited to authorized NSLDS
program personnel and contractors
responsible for administering the
NSLDS program. Authorized personnel
include ED employees and officials,
financial and fiscal management
personnel, computer personnel and
program managers who have
responsibilities for implementing the
NSLDS program. Read-only users: Readonly access is given to servicers,
holders, financial/fiscal management
personnel, and institutional personnel.
Physical safeguards: Magnetic tapes,
disc packs, computer equipment, and
other forms of data are stored in areas
where fire and life safety codes are
strictly enforced. Security guards are
staffed 24 hours a day, seven days a
week, to perform random checks on the
physical security of the record storage
areas.
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Procedural safeguards: A password is
required to access the terminal, and a
data set name controls the release of
data to only authorized users. In
addition, all sensitive data is encrypted
using Oracle Transparent Data
Encryption functionality. Access to
records is strictly limited to those staff
members trained in accordance with the
Privacy Act and Automatic Data
Processing (ADP) security procedures.
Contractors are required to maintain
confidentiality safeguards with respect
to these records. Contractors are
instructed to make no further disclosure
of the records except as authorized by
the System Manager and permitted by
the Privacy Act. All individuals who
have access to these records receive
appropriate ADP security clearances.
Department personnel make site visits
to ADP facilities for the purpose of
ensuring that ADP security procedures
continue to be met. Privacy Act and
ADP system security requirements are
specifically included in contracts. The
NSLDS project directors, project
officers, and the system manager
oversee compliance with these
requirements.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record
in this system, you must contact the
system manager with the necessary
particulars such as your name, date of
birth, SSN, the name of the school or
lender from which the loan or grant was
obtained, and any other identifying
information requested by the
Department while processing the
request, to distinguish between
individuals with the same name.
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:
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Fmt 4703
Sfmt 4703
NOTIFICATION PROCEDURES:
If you wish to determine whether a
record exists regarding you in this
system of records, you must contact the
system manager with the necessary
particulars such as your name, date of
birth, SSN, the name of the school or
lender from which the loan or grant was
obtained, and any other identifying
information requested by the
Department while processing the
request, to distinguish between
individuals with the same name.
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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The System of Records entitled
‘‘National Student Loan Data System
(NSLDS) program’’ (18–11–06), was
published on June 29, 1994 (59 FR
33491–33494), altered on December 20,
1994 (FR 65532–65535), republished in
full on December 27, 1999 (64 FR
72395–72397), altered on September 7,
2010 (75 FR 54331–54336), altered and
republished in full on June 24, 2011 (76
FR 37095–37100), last published in full
in the Federal Register on June 28, 2013
(78 FR 38963–38969), and most recently
altered on April 2, 2014 (79 FR 18534–
18536).
[FR Doc. 2019–19354 Filed 9–6–19; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Secretary of Energy Advisory Board
Department of Energy.
Notice of open meeting.
AGENCY:
ACTION:
This notice announces an
open meeting of the Secretary of Energy
Advisory Board (SEAB). The SEAB was
reestablished pursuant to the Federal
Advisory Committee Act. This notice is
provided in accordance with the Act.
DATES: Wednesday, October 2, 2019;
1:00 p.m.–4:00 p.m.
ADDRESSES: The Drake Hotel, 140 E
Walton Place, Parkside Room, Chicago,
IL 60611.
FOR FURTHER INFORMATION CONTACT: Kurt
Heckman, Designated Federal Officer,
U.S. Department of Energy, 1000
Independence Avenue SW, Washington,
DC 20585; email: seab@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Background: The Board was
established to provide advice and
SUMMARY:
If you wish to contest the content of
a record in the system of records, you
must contact the system manager with
the necessary particulars such as your
name, date of birth, SSN, the name of
the school or lender from which the
loan or grant was obtained, and any
other identifying information requested
by the Department while processing the
request, to distinguish between
individuals with the same name. You
must also 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.
47271
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Agencies
[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Notices]
[Pages 47265-47271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19354]
[[Page 47265]]
=======================================================================
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DEPARTMENT OF EDUCATION
[Docket ID ED-2018-FSA-014]
Privacy Act of 1974; System of Records
AGENCY: Federal Student Aid, U.S. Department of Education.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act), the Chief Operating Officer for Federal Student Aid
(FSA) of the Department of Education (Department) publishes this notice
of a modified system of records entitled ``National Student Loan Data
System (NSLDS)'' (18-11-06). The information contained in this system
is maintained for various purposes relating to students and borrowers.
This includes determining student/borrower eligibility for Federal
student financial assistance under the programs authorized by title IV
of the Higher Education Act of 1965, as amended (HEA). The information
contained in this system is also maintained to assist institutions of
higher education in participating in and administering the title IV HEA
programs by verifying the eligibility of borrowers and tracking loans.
The information maintained in this system is also maintained to assist
the Department's oversight and administration of the title IV HEA
programs including evaluating their effectiveness.
DATES: Submit your comments on this modified system of records notice
on or before October 9, 2019.
This modified system of records notice will become applicable upon
publication in the Federal Register on September 9, 2019. Modified
routine uses--(1)(f), 1(g), and (1)(p), (3), (5), (7)(b), (8), (11),
and (12)--and new routine use (13) outlined in the paragraph entitled
``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING
CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will become applicable
on October 9, 2019, unless the modified system of records notice needs
to be changed as a result of public comment. The Department will
publish any changes resulting from public comment.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or those submitted after the comment
period. To ensure that we do not receive duplicate copies, please
submit your comments only once. In addition, please include the Docket
ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under the ``help'' tab.
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about this modified system of records,
address them to: Director, Systems Integration Division, System
Operations and Aid Delivery Management Services, Business Operations,
Federal Student Aid (FSA), U.S. Department of Education, Union Center
Plaza (UCP), 830 First Street NE, Room 41F1, Washington, DC 20202-5454.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record: On request we will provide 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: Valerie Sherrer, Director, System
Integration Manager, System Integration Division, System Operations and
Aid Delivery Management Services, Business Operations, FSA, U.S.
Department of Education, UCP, 830 First Street NE, Room 41F1,
Washington, DC 20202-5454.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), you may call the Federal Relay Service (FRS), toll
free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Introduction
The National Student Loan Data System (18-11-06) was last published
in full in the Federal Register on June 28, 2013 (78 FR 38963) and most
recently altered on April 2, 2014 (79 FR 18534).
One of the reasons that the Department is modifying the system of
records is to indicate that the purposes of the system include
assisting the Department in identifying individuals who have student
loans that may be eligible for a total and permanent disability (TPD)
discharge and streamlining the process for applying for a TPD
discharge. Three purposes of the system have been updated to the
section entitled ``PURPOSE(S) OF THE SYSTEM'' to include providing data
for the calculation of performance metrics related to gainful
employment programs, informing qualified individuals about TPD
discharges and streamlining the process for applying for a TPD
discharge, and providing additional consumer tools to prospective
students on loan repayment rates, completion rates, and median debt to
better evaluate the effectiveness of institutions. Furthermore, the
section is being modified to remove providing an Exit Counseling tool
for grant and loan programs as a purpose of the system. The Data
Challenges and Appeals Solutions (DCAS) (18-11-18) system of records
notice published in the Federal Register on September 21, 2015 (80 FR
56969-56972) covers records that allow institutions to electronically
challenge the data used in the gainful employment calculations. The
Department published the DCAS system of records notice but did not
utilize the system it was intended to cover. The Department will
publish a modified system of records notice amending the DCAS system of
records notice to remove references to gainful employment calculations
in order to not have duplicating system of records notices for these
records.
We also have modified the section entitled ``SECURITY
CLASSIFICATION'' to change it from ``none'' to ``unclassified'' and the
section entitled ``SYSTEM LOCATION'' to reflect the current name of the
data center, and to include the location of the system manager as well
as an additional location for the system. The Department is also
including the two locations of customer service centers where records
are also maintained. The section entitled ``SYSTEM MANAGER'' also has
been updated to reflect the creation of the System Integration Division
within FSA's System Operations and Aid Delivery Management Services.
The section entitled ``CATEGORIES OF RECORDS IN THE SYSTEM'' has
been updated to include information obtained from other Federal
agencies to assist the Department in identifying individuals who have
student loans that may be eligible for a TPD discharge and
[[Page 47266]]
to streamline the process for applying for a TPD discharge.
The section entitled ``RECORD SOURCE CATEGORIES'' has been updated
to include information obtained from other Federal agencies and from
other persons or entities from which data is obtained under the routine
uses set forth in the system of records notice. This section also has
been updated to indicate that information is obtained from students and
parents, rather than indicating that information is only obtained via
the ``Free Application for Federal Student Aid completed by students
and parents.''
The Department is modifying programmatic routine use (1)(f) to
permit the Department to disclose records to support governmental
research and policy analysis by governmental organizations at the
Federal, State, or local level, rather than by Federal State, and local
agencies, and to replace a requirement ensuring compliance with the
Privacy Act with a requirement that the recipient must agree to
establish and maintain safeguards to protect the security and
confidentiality of the disclosed records.
The Department is modifying programmatic routine use (1)(g) to
clarify that in order to support Federal budget analysts in the
development of budget needs and forecasts, the Department may disclose
records to the Congressional Budget Office (CBO), in addition to
Federal and State agencies.
The Department is also making a minor modification to programmatic
routine use (1)(p) to clarify that the U.S. Department of the Treasury
is an additional Federal agency with which the Department may share
data in NSLDS in order for the Department to evaluate program
effectiveness and to provide the public with greater transparency about
programs that receive title IV funds.
The Department is removing routine use (2) entitled ``Disclosure
for Use by Other Law Enforcement Agencies'' because the component of
FSA that maintains the system is not a law enforcement agency.
The Department is modifying routine use (3)(c), formerly routine
use (4)(c), to insert the word ``person'' in place of the word
``individual'' to avoid confusion because ``individual'' is a defined
term in the Privacy Act.
The Department is also modifying routine use (5), formerly routine
use (6), to remove the reference to ``safeguards required under the
Privacy Act (5 U.S.C. 552a(m))'' to now require that all contractors
agree to establish and maintain safeguards to protect the security and
confidentiality of the disclosed records. The Department is also
removing language that indicated that the Department would require
these safeguards ``before entering into such a contract'' to instead
indicate that they will be included ``as part of such a contract.''
The Department is updating routine use (7)(b), formerly routine use
(8)(b), to include FSA contractors as entities to which the Department
may disclose records in order to permit FSA contractors to make hiring
or retention decisions or to take other personnel actions with respect
to their own employees, to the extent that they determine that such
records are relevant and necessary to their decision or action.
The Department is modifying routine use (8), formerly routine use
(9), to standardize it with other language used by the Department to
permit disclosure of records in the Department's systems of records
when they are relevant and necessary to employee grievances,
complaints, or disciplinary actions.
The Department is modifying routine use (11), formerly routine use
(12), to permit the Department to disclose records to the CBO, in
addition to the Office of Management and Budget, as necessary to
fulfill the requirements of the Federal Credit Reform Act of 1990, as
amended, in accordance with 2 U.S.C. 661b.
Pursuant to the requirements in Office of Management and Budget
Memorandum M-17-12 entitled ``Preparing for and Responding to a Breach
of Personally Identifiable Information,'' the Department is also adding
an additional routine use (13) to permit the Department to disclose
records from this system of records in the course of assisting another
Federal agency or entity in responding to a breach of data as well as
modifying routine use (12), formerly routine use (13), permitting the
Department to disclose records from this system of records in
responding to a breach of data in this system of records.
The Department is updating the section entitled ``POLICIES AND
PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS'' to reference the
current, updated Department records retention and disposition schedule,
as approved by the National Archives and Records Administration (NARA),
covering records in this system.
The section entitled ``ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS'' has also been modified to more clearly and comprehensively
explain how the data in NSLDS is protected.
The sections entitled ``RECORD ACCESS PROCEDURES,'' ``CONTESTING
RECORD PROCEDURES,'' and ``NOTIFICATION PROCEDURES'' were modified to
define the ``necessary particulars'' needed to access, contest, or be
notified of a record.
The Department has also added a section entitled ``HISTORY.''
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the person listed under FOR
FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: September 3, 2019
Mark A. Brown,
Chief Operating Officer, Federal Student Aid.
For the reasons discussed in the preamble, the Chief Operating
Officer, Federal Student Aid (FSA), of the U.S. Department of Education
(Department), publishes a notice of a modified system of records to
read as follows:
SYSTEM NAME AND NUMBER:
National Student Loan Data System (NSLDS) (18-11-06).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Director, System Integration Division, System Operations and Aid
Delivery Management Services, Business Operations, Federal Student Aid
(FSA), U.S. Department of Education, UCP, 830 First Street, NE, room
41F1, Washington, DC 20202-5454.
Mid-Atlantic Data Center (MDC), 250 Burlington Drive, Clarksville,
Virginia 23927-3201.
[[Page 47267]]
Briefcase Systems (BSD), 3330 N. Washington Street, Arlington, VA
22201.
The following two listings are the locations of the NSLDS Customer
Service Centers:
NSLDS Call Center is located at 3833 Greenway Drive, Lawrence,
Kansas 66046.
General Dynamics Information Technology (GDIT), 2450 Oakdale Blvd.,
Coralville, IA 52241.
SYSTEM MANAGER(S):
Director, System Integration Division, System Operations and Aid
Delivery Management Services, Business Operations, Federal Student Aid
(FSA), U.S. Department of Education, UCP, 830 First Street NE, Room
41F1, Washington, DC 20202-5454.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The authority under which the system is maintained includes
sections 101, 102, 132(i), 485, and 485B of the Higher Education Act of
1965, as amended (HEA)(20 U.S.C. 1001, 1002, 1015a(i), 1092, and 1092b)
and section 431 of the General Education Provisions Act (20 U.S.C.
1231a(2)-(3)). The collection of Social Security numbers (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) OF THE SYSTEM:
The information contained in this system is maintained for the
following purposes relating to students and borrowers: (1) To determine
student/borrower eligibility for federal student financial aid programs
authorized by title IV of the HEA by NSLDS pre- and post-screening
processes; (2) to report changes in student/borrower enrollment status
and enrollment in gainful employment programs; (3) to track loan
borrowers and students who owe grant overpayment amounts (debtors); (4)
to provide web-based access for borrowers/students to their loan,
grant, and enrollment data; (5) to maintain information on the status
of student loans; (6) to maintain information on the Federal Pell Grant
program, the Academic Competitiveness Grants (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, the Federal Supplemental
Educational Opportunity Grant (FSEOG) program, and the Iraq and
Afghanistan Service Grant program awards to students; (7) to provide
borrowers and NSLDS users with loan refund/cancellation details; (8) to
track the level of study and Classification of Instructional Programs
(CIP) code of students' programs to limit eligibility for Direct
Subsidized Loans to no more than 150 percent of the published length of
the educational program in which the student is enrolled, and to
determine when a borrower who enrolls after reaching the 150 percent
limit will be responsible for the accruing interest on outstanding
Direct Subsidized Loans; (9) to inform qualifying individuals about
total and permanent disability (TPD) discharges and to streamline the
process for applying for a discharge; and (10) to provide consumer
tools to prospective students and borrowers to better evaluate the
effectiveness of institutions' costs, financial aid, loan repayment
rates, completion rates, median debts, and aggregate earnings of title
IV aid recipients who were enrolled at postsecondary institutions
participating in the title IV HEA programs so that prospective students
can make informed decisions about which postsecondary institution to
attend.
The information in NSLDS is also maintained for the following
purposes relating to institutions of higher education participating in
and administering the title IV HEA programs: (1) To permit Department
staff, Department contractors, guaranty agencies, eligible lenders, and
eligible institutions of higher education to verify the eligibility of
a student, potential student, or parent for loans or Pell grants; (2)
to provide student aggregate loan calculations to educational
institutions; (3) to track loan transfers from one holder or servicer
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, Department staff, and Department
contractors; (6) to alert educational institutions of changes in
financial aid eligibility of students via the Transfer Student
Monitoring process; (7) to assist Department staff, Department
contractors and agents, guaranty agencies, educational institutions,
lenders, and servicers in collecting debts arising from the receipt of
title IV, HEA funds; (8) to assess title IV, HEA program activities by
guaranty agencies, educational institutions, lenders, and servicers;
(9) to display organizational 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, HEA
administrative functions and for the Department for use in oversight
and compliance; (11) to provide financial institutions and servicers,
Department staff, and Department contractors with contact information
on loan holders for use in the collection of loans; (12) to provide
schools and servicers with information to resolve overpayments of Pell,
ACG, National SMART, TEACH, Iraq and Afghanistan Service Grants, and
FSEOG grants; (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; (14) to obtain data on and
to report on students in a gainful employment program for the purposes
of establishing whether a particular gainful employment program is
successfully preparing students to be gainfully employed and making
this information available to the institution; (15) to obtain data and
report the level of study, CIP code, and published length of an
educational program in which a student receiving title IV, HEA Federal
student aid is enrolled to ensure his or her eligibility for Direct
Subsidized Loans is limited to no more than 150 percent of the
published length of the educational program, and to determine when a
borrower who enrolls after reaching the 150 percent limit will be
responsible for the accruing interest on outstanding Direct Subsidized
Loans; (16) to provide consumer tools that are designed to simplify
information that prospective students receive about costs, financial
aid, loan repayment rates, completion rates, median debts, and
aggregate earnings of title IV aid recipients who were enrolled at
postsecondary institutions participating in the title IV, HEA programs
so that these prospective students can make informed decisions about
which postsecondary institution to attend, and (17) to provide data for
institutions to challenge their gainful employment performance metrics.
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, HEA 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
[[Page 47268]]
Federal Credit Reform Act of 1990, as amended (CRA) (2 U.S.C. 661 et
seq.); (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 the Ensuring
Continued Access to Student Loan Act of 2008 (ECASLA) (P.L. 110-227);
(7) to track TEACH grants that have been converted to loans; (8) to
track eligibility for Public Service Loan Forgiveness; (9) to assist in
the calculation of metrics related to gainful employment programs; (10)
to provide data for program oversight and strategic decision-making in
the administration of higher education programs; (11) to track
eligibility for Direct Subsidized Loans and interest subsidy based upon
the level of study, CIP code, and published length of the educational
program in which a student is enrolled; and (12) to evaluate the
effectiveness of an institution's education programs, and help provide
information to the public at the institutional and programmatic level
on this effectiveness.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individual recipients of aid under
the title IV, HEA programs.
This system contains records on borrowers who received loans under
one of the programs authorized under title IV of the HEA including the
(1) Direct Loan Program, (2) Federal Family Education Loan (FFEL)
Program, (3) Federal Insured Student Loan (FISL) Program, and (4)
Federal Perkins Loan Program (including National Defense Student Loans,
National Direct Student Loans, and Perkins Expanded Lending and Income
Contingent Loans) (Perkins Loans). The system also contains records on
recipients of Federal Pell Grants, ACG, National SMART Grants, TEACH
Grants, and Iraq and Afghanistan Service Grants, as well as on
individuals who owe an overpayment on a Federal Pell Grant, an ACG, a
National SMART Grant, a FSEOG, an Iraq and Afghanistan Service Grant,
or a Federal Perkins Loan.
NSLDS further contains student enrollment information for
individuals who have received title IV, HEA student assistance as well
as 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.
The system also contains records on students who are title IV, HEA
recipients and who attended, or who are attending, a gainful employment
program at a postsecondary educational institution.
The system also contains records on the level of study, CIP code,
and published length of an educational program in which a student
receiving title IV, HEA Federal student aid is enrolled to limit his or
her eligibility for Direct Subsidized Loans to no more than 150 percent
of the published length of the educational program in which the student
is enrolled, and to determine when a borrower who enrolls after
reaching the 150 percent limit will be responsible for the accruing
interest on outstanding Direct Subsidized Loans.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in NSLDS include, but are not limited to: (1) Borrower
identifier information including SSN, name, date of birth, address,
phone number, email address, and driver's license information; (2)
information on the borrower's loan(s) 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, repayment
plan payments and related information, collections, claims, deferments,
forbearances, refunds, and cancellations; (3) for students who began a
program of study that prepares them for gainful employment in a
recognized occupation pursuant to sections 1001 and 1002 of the HEA
(``gainful employment program''), student identifiers including the
student's SSN, date of birth, and name, student enrollment information
including the Office of Postsecondary Education identification number
(OPEID number) of the institution, the CIP code for the gainful
employment program in which the student enrolled, and, if the student
completed the program, the completion date and the CIP code of the
completed program, the level of study, the amount of the student's
private educational loan debt, the amount of institutionally provided
financing owed by the student, and whether the student matriculated to
a higher credentialed program at the same institution or another
institution; (4) aggregated income information on graduates and non-
completers of particular gainful employment programs, and the median
loan debt incurred by students enrolled in the gainful employment
program, regardless of whether they completed the program; (5) student
demographic information, such as dependency status, citizenship,
veteran status, marital status, gender, income and asset information
(including income and asset information on the student's spouse, if
married), expected family contribution, and address; (6) information on
the parent(s) of a dependent recipient, including, but not limited to:
Name, date of birth, SSN, marital status, email address, highest level
of schooling completed, and income and asset information; (7)
information related to a borrower's application for an income-driven
repayment plan, including information such as current income, family
size, repayment plan selection, and, if married, information about the
borrower's spouse; (8) Federal Pell Grant, ACG Grant, National SMART
Grant, TEACH Grant, and Iraq and Afghanistan Service Grant amounts and
dates of disbursement; (9) Federal Pell Grant, ACG Grant, National
SMART Grant, Iraq and Afghanistan Service Grant, FSEOG, and Federal
Perkins Loan Program overpayment amounts; (10) demographic and contact
information on the guaranty agency that guarantees the borrower's FFEL
loan and the lender(s), holder(s), and servicer(s) of the borrower's
loan(s); (11) NSLDS user profiles that include name, SSN, date of
birth, employer, and NSLDS user name; (12) information concerning the
date of any default on loans and the aggregated loan data to support
cohort default rate calculations for educational institutions,
financial institutions, and guaranty agencies; (13) pre- and post-
screening results used to determine a student's or parent's aid
eligibility; (14) information on financial institutions participating
in the loan participation and sale programs established by the
Department under 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; (15) information on the student's
educational institution, level of study, the CIP code, and published
length for the program in which the student enrolled for an institution
or programs of studies at the institution; and (16) information
obtained pursuant to matching programs, which includes Medical
Improvement Not Expected disability status from the U.S. Social
Security Administration (SSA) and disability determination dates for
any borrower who is a veteran and has received a U.S. Department of
Veterans Affairs (VA) disability compensation benefit due to a 100%
disabling service-connected disability rating or a determination that
the veteran is totally
[[Page 47269]]
disabled based on an individual unemployability rating, to assist the
Department in identifying individuals who have student loans that may
be eligible for a TPD discharge and to streamline the process for
applying for a TPD discharge.
RECORD SOURCE CATEGORIES:
Information is obtained from Federal agencies, including SSA and
VA, guaranty agencies, educational institutions, financial institutions
and servicers, and students and parents. Information is also obtained
from other Department systems such as the Federal Loan Servicers
(covered by the system of records entitled ``Common Services for
Borrowers (CSB)''); Debt Management Collection System (covered by the
system of records entitled ``Common Services for Borrowers (CSB)'');
Common Origination and Disbursement System (covered by the system of
records entitled ``Common Origination and Disbursement (COD) System'');
Financial Management System (covered by the system of records entitled
``Financial Management System (FMS)''); Student Aid internet Gateway,
Participant Management System (covered by the system of records
entitled ``Student Aid internet Gateway (SAIG), Participation
Management System''); Postsecondary Education Participants System
(covered by the system of records entitled ``Postsecondary Education
Participants System''); and Central Processing System (covered by the
system of records entitled ``Federal Student Aid Application File'').
Information in this system also may be obtained from other persons or
entities from which data is obtained under routine uses set forth
below.
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 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 (Privacy Act), under a computer
matching agreement.
(1) Program Disclosures. The Department may disclose records to the
specified users for the following program purposes:
(a) To verify the identity of the applicant involved, the accuracy
of the record, or to assist with the determination of program
eligibility and benefits, as well as institutional program eligibility,
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
and servicers, and State agencies;
(c) To determine if educational programs lead to gainful employment
in a recognized occupation, the Department may disclose records to
educational institutions;
(d) To provide financial aid history information to aid in their
administration of title IV, HEA programs, the Department may disclose
records to educational institutions, guaranty agencies, loan holders,
or servicers;
(e) To support auditors and program reviewers in planning and
carrying out their assessments of title IV, HEA program compliance, the
Department may disclose records to guaranty agencies, educational
institutions, financial institutions and servicers, and to Federal,
State, and local agencies;
(f) To support governmental researchers and policy analysts, the
Department may disclose records to governmental organizations at the
Federal, State, or local level, using safeguards for system integrity
and provided that the recipient agrees to establish and maintain
safeguards to protect the security and confidentiality of the disclosed
records;
(g) To support Federal budget analysts in the development of budget
needs and forecasts, the Department may disclose records to the
Congressional Budget Office (CBO) and to Federal and State agencies;
(h) 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;
(i) To assist analysts in assessing title IV, HEA program
participation by guaranty agencies, educational institutions, and
financial institutions and servicers, the Department may disclose
records to Federal and State agencies;
(j) 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;
(k) To assist with meeting requirements under the CRA, the
Department may disclose records to Federal agencies;
(l) To assist program administrators with tracking refunds and
cancellations of title IV, HEA loans, the Department may disclose
records to guaranty agencies, educational institutions, financial
institutions and servicers, and to Federal and State agencies;
(m) 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, to the Department of Justice
and private counsel retained by the Department of Justice, and to other
Federal, State, or local agencies;
(n) To assist the Department in tracking loans funded under ECASLA,
the Department may disclose records to Federal agencies;
(o) To assist the Department in complying with requirements that
limit eligibility for Direct Subsidized Loans to no more than 150
percent of the published length of the educational program in which the
student is enrolled, and to determine when a borrower who enrolls after
reaching the 150 percent limit will be responsible for the interest
accruing on outstanding Direct Subsidized Loans thereafter, the
Department may disclose records to the applicant, guaranty agencies,
educational institutions, financial institutions and servicers, and to
Federal and State agencies; and
(p) To obtain data needed to assist the Department in evaluating
the effectiveness of an institution's education programs and to provide
the public with greater transparency about the level of economic return
of an educational institution and their programs that receive title IV,
HEA program assistance, the Department may disclose records to
educational institutions and to Federal and State agencies, including
the Social Security Administration and the U.S. Department of the
Treasury.
(2) 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,
[[Page 47270]]
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.
(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
(a) Introduction. In the event that one of the following parties
listed in sub-paragraphs (i) through (v) is involved in judicial or
administrative litigation or ADR, or has an interest in such 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 requests representation for or 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
the judicial or administrative litigation or ADR, the Department may
disclose those records as a routine use to the DOJ.
(c) Adjudicative Disclosure. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear or to a person or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to judicial or administrative litigation or
ADR, the Department may disclose those records as a routine use to the
adjudicative body, person, or entity.
(d) Disclosure to Parties, Counsel, Representatives, and Witnesses.
If the Department determines that disclosure of certain records is
relevant and necessary to judicial or administrative litigation or ADR,
the Department may disclose those records as a routine use to the
party, counsel, representative, or witness.
(4) 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.
(5) 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. As part of such a contract, the Department shall
require the contractor to agree to establish and maintain safeguards to
protect the security and confidentiality of the disclosed records.
(6) 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.
(7) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement or other pertinent records, or
to another public authority or professional organization, if necessary
to obtain information relevant to a Departmental 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, Professional
Organizations, or FSA Contractors. The Department may disclose a record
to a Federal, State, local, or other public authority, professional
organization, or FSA contractor, 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.
(8) 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 during the course of investigation, fact-finding, mediation, 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.
(9) 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. 71 when relevant and
necessary to their duties of exclusive representation.
(10) Disclosure to the DOJ. The Department may disclose records to
the DOJ to the extent necessary for obtaining DOJ advice on any matter
relevant to an audit, inspection, or other inquiry related to the
programs covered by this system.
(11) Disclosure to the OMB or CBO for CRA Support. The Department
may disclose records to OMB or CBO as necessary to fulfill CRA
requirements in accordance with 2 U.S.C. 661b.
(12) 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 there has been a breach of the system of records;
(b) the Department has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Department
(including its information systems, programs and operations), the
Federal government, or national security; 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 breach or to prevent, minimize, or remedy such
harm.
(13) Disclosure in Assisting another Agency in Responding to a
Breach of Data. The Department may disclose records from this system to
another Federal agency or Federal entity, when the Department
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (a) responding to
a suspected or confirmed breach or (b) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
[[Page 47271]]
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 in 15 U.S.C. 1681a(f) and 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records are stored electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
In order for users to retrieve student/borrower information, they
must supply the student/borrower SSN, name, and date of birth.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
All records are retained and disposed of in accordance with ED
Records Schedule 051: National Student Loan Data System (NSLDS) (DAA-
0441-2017-0004) (ED 051). Records are destroyed 30 years after cutoff.
Cutoff is annually when an applicable account is paid-in-full.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Authorized users: Access to the system is limited to authorized
NSLDS program personnel and contractors responsible for administering
the NSLDS program. Authorized personnel include ED employees and
officials, financial and fiscal management personnel, computer
personnel and program managers who have responsibilities for
implementing the NSLDS program. Read-only users: Read-only access is
given to servicers, holders, financial/fiscal management personnel, and
institutional personnel.
Physical safeguards: Magnetic tapes, disc packs, computer
equipment, and other forms of data are stored in areas where fire and
life safety codes are strictly enforced. Security guards are staffed 24
hours a day, seven days a week, to perform random checks on the
physical security of the record storage areas.
Procedural safeguards: A password is required to access the
terminal, and a data set name controls the release of data to only
authorized users. In addition, all sensitive data is encrypted using
Oracle Transparent Data Encryption functionality. Access to records is
strictly limited to those staff members trained in accordance with the
Privacy Act and Automatic Data Processing (ADP) security procedures.
Contractors are required to maintain confidentiality safeguards with
respect to these records. Contractors are instructed to make no further
disclosure of the records except as authorized by the System Manager
and permitted by the Privacy Act. All individuals who have access to
these records receive appropriate ADP security clearances. Department
personnel make site visits to ADP facilities for the purpose of
ensuring that ADP security procedures continue to be met. Privacy Act
and ADP system security requirements are specifically included in
contracts. The NSLDS project directors, project officers, and the
system manager oversee compliance with these requirements.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record in this system, you must
contact the system manager with the necessary particulars such as your
name, date of birth, SSN, the name of the school or lender from which
the loan or grant was obtained, and any other identifying information
requested by the Department while processing the request, to
distinguish between individuals with the same name. 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 necessary
particulars such as your name, date of birth, SSN, the name of the
school or lender from which the loan or grant was obtained, and any
other identifying information requested by the Department while
processing the request, to distinguish between individuals with the
same name. You must also 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.
NOTIFICATION PROCEDURES:
If you wish to determine whether a record exists regarding you in
this system of records, you must contact the system manager with the
necessary particulars such as your name, date of birth, SSN, the name
of the school or lender from which the loan or grant was obtained, and
any other identifying information requested by the Department while
processing the request, to distinguish between individuals with the
same name. 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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The System of Records entitled ``National Student Loan Data System
(NSLDS) program'' (18-11-06), was published on June 29, 1994 (59 FR
33491-33494), altered on December 20, 1994 (FR 65532-65535),
republished in full on December 27, 1999 (64 FR 72395-72397), altered
on September 7, 2010 (75 FR 54331-54336), altered and republished in
full on June 24, 2011 (76 FR 37095-37100), last published in full in
the Federal Register on June 28, 2013 (78 FR 38963-38969), and most
recently altered on April 2, 2014 (79 FR 18534-18536).
[FR Doc. 2019-19354 Filed 9-6-19; 8:45 am]
BILLING CODE 4000-01-P