Privacy Act of 1974; System of Records, 57873-57882 [2022-20682]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Notices]
[Pages 57873-57882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20682]


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DEPARTMENT OF EDUCATION

[Docket ID ED-FSA-2022-0030]


Privacy Act of 1974; System of Records

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

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Chief Operating Officer for Federal Student Aid 
(FSA) of the U.S. Department of Education (Department) publishes this 
notice of a modified system of records entitled the ``National Student 
Loan Data System'' (NSLDS) (18-11-06). The information contained in 
this system is maintained for various purposes relating to aid 
applicants and recipients. These include determining aid applicants' 
and recipients' eligibility for Federal student financial assistance 
under the programs authorized by title IV of the Higher Education Act 
of 1965, as amended (HEA); assisting institutions of higher education 
participating in and administering the title IV, HEA programs by 
verifying the eligibility of borrowers for, and tracking, loans; and 
assisting 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 24, 2022.
    This modified system of records notice will become applicable upon 
publication in the Federal Register on September 22, 2022, except for 
the new and modified routine uses (1)(m), (1)(p), (6), (7), and (14) 
that are outlined in the section entitled ``ROUTINE USES OF RECORDS 
MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF 
SUCH USES,'' which will become applicable on October 24, 2022, unless 
they need to be changed as a result of public comment. The Department 
will publish any changes to the modified system of records notice 
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, Partner Systems Integration Division, 
Program Technical and Business Support Group, Partner Management and 
Support Services, Partner Participation and Oversight, 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, Partner 
System Integration Division, Program Technical and Business Support, 
Partner Participation and Oversight Directorate, FSA, U.S. Department 
of Education, UCP, 830 First Street NE, Room 41F1, Washington, DC 
20202-5454. Telephone:(202) 377-3547.
    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 (NSLDS)'' system of records 
notice (18-11-06) was last published in full in the Federal Register on 
September 9, 2019 (84 FR 47265).
    The Department is modifying the section entitled ``SYSTEM 
LOCATION'' as follows:
    (i) To make minor updates to the Director's organization;
    (ii) To delete Mid-Atlantic Data Center located in Clarksville, VA, 
the Briefcase Systems located in Arlington, VA, the NSLDS Call Center 
located in Lawrence, KS, and General Dynamics Information Technology 
located in Coralville, IA;
    (iii) To add the following Department contractor locations:
    a. Amazon Web Services Government Cloud, 410 Terry Ave., North 
Seattle, WA 98109-5210 (the Computer Center for the NSLDS application 
where all electronic NSLDS information is processed and stored);
    b. Accenture, 22451 Shaw Rd., Sterling, VA 20166-4319 (Accenture's 
main program office);
    c. Accenture DC, 820 First St. NE, Washington, DC 20202-4227 (an 
alternate Accenture work site to support NSLDS);
    d. Accenture Federal Services, 10931 Laureate Dr., San Antonio, TX 
78249 (an alternate Accenture work site to support NSLDS);
    e. NTT Global Data Centers Americas, 44664 Guilford Dr., Ashburn, 
VA 20147 and 2008 Lookout Dr., Garland, TX 75044 (NSLDS Call recordings 
are stored at these locations);
    f. Oracle Service Cloud, 500 Eldorado Blvd., Broomfield, CO 80021 
(provides

[[Page 57874]]

customer case management and reporting capabilities to NSLDS Help Desk 
Customer Service Representatives (CSR) and has the capability to track 
and store NSLDS inquiries, which allows CSRs to respond to these cases/
inquiries);
    g. ASM Research, 2429 Military Rd., Suite 200, Niagara Falls, NY 
14304 (an NSLDS Customer Service Center);
    h. Senture, LLC, 4255 W Highway 90, Monticello, KY 42633-3398 (an 
NSLDS Customer Service Center); and
    i. Veteran Call Center, LLC, 53 Knightsbridge Rd., Suite 216, 
Piscataway, NJ 08854-3925 (an NSLDS Customer Service Center).
    The Department is modifying the section entitled ``SYSTEM 
MANAGER(S)'' to make minor updates to the Director's organization.
    The Department is modifying the section entitled ``AUTHORITY FOR 
MAINTENANCE OF THE SYSTEM'' to delete and replace ``borrowers'' with 
``individual'' and to add ``the Higher Education Relief Opportunities 
for Students Act of 2003 (20 U.S.C. 1098bb) (including any waivers or 
modifications that the Secretary of Education deems necessary to make 
to any statutory or regulatory provision applicable to the student 
financial assistance programs under title IV of the HEA to achieve 
specific purposes listed in the section in connection with a war, other 
military operation, or a national emergency).''
    The Department is modifying the section entitled ``PURPOSE(S) OF 
THE SYSTEM'' relating to applicants and recipients of aid under title 
IV of the HEA as follows:
    (i) The first paragraph was updated to delete and replace 
``students and borrowers'' with ``applicants and recipients of aid 
under title IV of the HEA'';
    (ii) The Department added a note immediately after the first 
paragraph stating that: ``Different parts of the HEA use the terms 
`discharge,' 'cancellation,' or 'forgiveness' to describe when a 
borrower's loan amount is reduced in whole or in part by the 
Department. To reduce complexity, this system of records notice uses 
the term `discharge' to include all three terms (`discharge,' 
`cancellation,' and `forgiveness'), including, but not limited to, 
discharges of student loans made pursuant to specific benefit programs. 
At times, the system of records notice may refer by name to a specific 
benefit program, such as the `Public Service Loan Forgiveness' program; 
such specific references are not intended to exclude any such program 
benefits from more general references to loan discharges'';
    (iii) Purpose (1) was modified to delete and ``pre and post 
screening'' and replace ``student/borrower eligibility for federal 
student financial aid programs'' with ``the eligibility of aid 
applicants and recipients for Federal student financial aid programs'';
    (iv) Purpose (2) was modified to delete and replace ``student/
borrower'' with ``aid applicant and recipient'';
    (v) Purpose (3) was modified to delete and replace ``loan borrowers 
and students who owe grant overpayment amounts'' with ``aid recipients 
who owe title IV, HEA obligations'';
    (vi) Purpose (4) was deleted because the NSLDS no longer provides a 
website for students/borrowers;
    (vii) Newly renumbered purpose (6) was modified to delete and 
replace ``cancellation'' with ``discharge'';
    (viii) Purpose (8) relating to tracking the level of study and the 
Classification of Instructional Programs (CIP) code to limit 
eligibility for Direct Subsidized Loans and to determine when a 
borrower will be responsible for accruing interest on outstanding 
Direct Subsidized Loans was deleted because the Consolidated 
Appropriations Act, 2021, repealed the requirements referenced therein 
regarding limiting Direct Subsidized Loan eligibility;
    (ix) Newly renumbered purpose (7) was updated to indicate that a 
purpose of the NSLDS is to identify qualifying individuals and inform 
them about title IV, HEA benefits, including total and permanent 
disability (TPD) discharges, Public Service Loan Forgiveness (PSLF), 
and benefits under the Servicemembers Civil Relief Act (SCRA), 50 
U.S.C. 3901-4043, to streamline the process for applying for loans and 
benefits, and to recoup payments or delinquent debts under title IV, 
HEA programs;
    (x) Newly renumbered purpose (8) was updated to delete and replace 
``prospective students and borrowers'' with ``the public'';
    (xi) Newly renumbered purpose (9) was added to enable the 
Department, or other Federal, State, Tribal, or local government 
agencies, to investigate, respond to, or resolve complaints regarding 
the Department's and/or the Department's contractors' practices or 
processes, or to investigate, respond to, or resolve aid recipients' 
requests for assistance or relief with regard to title IV, HEA program 
funds;
    (xii) Newly renumbered purpose (10) was added to conduct testing, 
analysis, or take other administrative actions needed to prepare for or 
execute programs under title IV of the HEA; and
    (xiii) New purpose (11) was added to process income eligibility 
information and documentation for aid applicants and recipients, or 
applicable aid applicants' and recipients' parents or spouses, 
pertaining to the discharge of eligible loans under title IV, HEA 
programs.
    The Department is modifying the section entitled ``PURPOSE(S) OF 
THE SYSTEM'' relating to institutions of higher education (also 
referred to in the modified system of records notice as ``educational 
institutions'' or ``postsecondary institutions'') participating in, and 
administering, title IV, HEA programs as follows:
    (i) Purpose (1) was updated to include the verification of the 
eligibility of a student, potential student, or parent for loan or Pell 
Grant disbursements;
    (ii) Purpose (3) was moved to purpose (16) under the section 
entitled ``PURPOSE(S) OF THE SYSTEM relating to the Department's 
oversight and administration of title IV, HEA programs'' because it 
addresses loan transfers between servicers or loan holders and does not 
relate to institutions of higher education participating in, and 
administering, title IV, HEA programs;
    (iii) Newly renumbered purpose (4) was modified to delete and 
replace ``students or borrowers'' with ``aid applicants and 
recipients'';
    (iv) Newly renumbered purpose (6) was updated to include the 
Department of Justice (DOJ) in the list of entities collecting debts 
arising from the receipt of title IV, HEA funds;
    (v) Newly renumbered purpose (9) was modified to include other 
Federal, State, Tribal, or local governmental agencies as entities for 
which reporting capabilities are provided for use in oversight and 
compliance;
    (vi) Purpose (13) relating to collection of debt was deleted 
because it is duplicative of newly renumbered purpose (6);
    (vii) Newly renumbered purpose (13) was modified to include the 
College Scorecard as an example of a consumer reporting tool; and
    (viii) Purpose (15) which relates to obtaining information and 
reporting 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 and to determine whether a borrower who enrolls will 
be responsible for the accruing interest on outstanding Direct 
Subsidized Loans was deleted because the Consolidated Appropriations 
Act, 2021, repealed the requirements referenced therein regarding 
limiting Direct Subsidized Loan eligibility.

[[Page 57875]]

    The Department is modifying the section entitled ``PURPOSE(S) OF 
THE SYSTEM'' relating to the Department's oversight and administration 
of title IV, HEA programs as follows:
    (i) Purpose (5) was modified to delete and replace ``student/
borrower'' with ``aid applicant and recipient'';
    (ii) Purpose (13) was added to verify that Federal, State, local, 
and Tribal statutory, regulatory, and program requirements are met by 
educational and financial institutions, Federal Loan Servicers, the 
Federal Perkins Loan Servicer, and guaranty agencies;
    (iii) Purpose (14) was added to help governmental entities at the 
Federal, State, Tribal, and local levels exercise their supervisory and 
administrative powers (including, but not limited to, licensure, 
examination, discipline, regulation, or oversight of educational 
institutions, Department contractors, guaranty agencies, eligible 
lenders, and third-party servicers) or to investigate, respond to, or 
resolve complaints regarding the practices or processes of the 
Department and/or the Department's contractors, or to update 
information or correct errors contained in Department records regarding 
an aid recipient's title IV, HEA program funds;
    (iv) Purpose (15) was added to provide information to support web-
based access to aid applicants' and recipients' title IV, HEA program 
data including enrollment; and
    (v) Purpose (16) was added to track loan transfers from one holder 
or servicer to another.
    The Department is modifying the section entitled ``CATEGORIES OF 
INDIVIDUALS COVERED BY THE SYSTEM'' as follows:
    (i) The first paragraph was updated to delete and replace 
``individual recipients of aid under the title IV, HEA programs'' with 
``individual title IV, HEA aid applicants and recipients'';
    (ii) A new second paragraph was added to indicate that the system 
also contains information on the parent(s) of a dependent aid applicant 
and recipient and the spouse of a married aid applicant;
    (iii) In addition, the section was updated to add endorsers who 
received or co-signed on a loan(s) under one of the programs authorized 
under title IV of the HEA and to move the phrase providing examples of 
such programs to this part of the section;
    (iv) The section was further updated to clarify the loan types 
covered under the William D. Ford Direct Loan Program (Direct Loan); 
Program, including Federal Direct Unsubsidized and Subsidized Stafford/
Ford Loans, Federal Direct Consolidation Loans, and Federal Direct PLUS 
Loans;
    (v) The section was further updated to reflect enrollment 
information for individuals who have received Parent PLUS and Grad PLUS 
loans; and
    (vi) Lastly, the section was updated to reflect that as of 2022 the 
Department no longer collects or monitors records for the 150 percent 
Direct Subsidized Loan Limit.
    The Department is modifying the section entitled ``CATEGORIES OF 
RECORDS IN THE SYSTEM'' as follows:
    (i) Category (1) about identifier information was updated to delete 
and replace ``borrower'' with ``aid applicant and recipient'';
    (ii) New category (2) was added to include ``aid applicant 
demographic information, including an aid applicant's parent's and 
spouse's demographic information (if applicable), expected student 
enrollment, list of participating title IV, HEA institutions of higher 
education selected by the aid applicant to receive the Free Application 
for Federal Student Aid (FAFSA[supreg]) data along with residency 
plans, and the financial profile of an aid applicant and an aid 
applicant's parent(s) or spouse, as reported and calculated through the 
FAFSA form; and processing flags, indicators, rejections, and 
overrides'';
    (iii) New category (4) was added to include ``information on an aid 
applicant and recipient endorser or co-signer of a PLUS loan 
application from the origination of the loan through final payment, 
consolidation, discharge, or other final disposition, including details 
such as co-signer SSN, name, date of birth, driver's license (if 
reported), active-duty status (if applicable and reported), email 
address, address, phone number, and relevant loan information with 
respect to the loan on which they are the endorser or co-signer;''
    (iv) Newly renumbered category (9) was modified to cover 
information related to an aid applicant's or recipient's application 
for title IV, HEA benefits, including information related to income-
driven repayment or PSLF eligibility, such as current income, family 
size, repayment plan selections, employer name, dates of employment, 
employment status, and, if married, information about the borrower's 
spouse;
    (v) Newly renumbered category (11) was modified to include TEACH 
grants in overpayments;
    (vi) Newly renumbered category (18) was modified to cover 
information obtained pursuant to matching programs or other information 
exchanges with Federal and State agencies and other administrators of 
Federal funds and programs to assist in identifying individuals who may 
be eligible for aid applicant or recipient benefits related to their 
title IV, HEA loans or other title IV, HEA obligations, including TPD 
discharges, loan deferments, interest rate reductions, PSLF, and other 
Federal and State loan repayment or discharge benefits, or for the 
purpose of recouping payments or delinquent debts under title IV, HEA 
programs; and
    (vii) New category (19) was added to include recorded phone calls 
to the customer service center including Personally Identifiable 
Information (PII), such as name, date of birth, SSN, and the reason for 
the call.
    The Department is modifying the section entitled ``RECORD SOURCE 
CATEGORIES'' to include information from State, local, and Tribal 
agencies and other administrators of Federal funds and programs, to 
include parents and spouses of applicable aid applicants and 
recipients, and designated co-signers and endorsers, and to clarify 
that information may be obtained from a successor to any of the 
Department's systems, as the Department is working to replace some of 
its current systems.
    The Department is also modifying the section entitled ``RECORD 
SOURCE CATEGORIES'' to delete and replace the reference to obtaining 
information from the Central Processing System (covered by the system 
of records entitled ``Federal Student Aid Application File'') with all 
systems covered by the system of records entitled ``Aid Awareness and 
Application Processing''.
    The Department is modifying the section entitled ``ROUTINE USES OF 
RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND 
PURPOSES OF SUCH USES'' as follows:
    (i) Routine use (1)(m) was modified to include Tribal agencies;
    (ii) Routine use (1)(o) was deleted because the Consolidated 
Appropriations Act, 2021, repealed the requirements referenced therein 
regarding limiting Direct Subsidized Loan eligibility;
    (iii) Newly renumbered routine use (1)(p) was added to permit 
disclosures to governmental entities at the Federal, State, Tribal, and 
local levels to help such entities exercise their supervisory and 
administrative powers (including, but not limited to, licensure, 
examination, discipline, regulation, or oversight of educational 
institutions, Department contractors, guaranty agencies, eligible 
lenders, and third-party servicers) or to investigate, respond to, or 
resolve complaints submitted regarding the practices or

[[Page 57876]]

processes of the Department and/or the Department's contractors. These 
records may include records relating to all aspects of loans and grants 
made under title IV of the HEA, to permit these governmental entities 
to verify compliance with debt collection, consumer protection, 
financial, and other applicable statutory, regulatory, or local 
requirements. Before making a disclosure to these Federal, State, 
local, or Tribal governmental entities, the Department will require 
them to maintain safeguards consistent with the Privacy Act to protect 
the security and confidentiality of the disclosed records;
    (iv) Routine use (6) was updated to add that a Congressional 
Member's written request for a record must be made not only at the 
written request of, but also on behalf of, an individual constituent 
whose records are being disclosed.
    (v) Routine use (7)(b) was updated to include disclosures to Tribal 
agencies, agents and contractors of Federal, State, local, Tribal or 
other public agencies, and Department contractors (rather than only FSA 
contractors), and to delete and replace ``authority'' with ``agency'' 
for consistency; and
    (vi) Routine use (14) was added to include disclosures to the 
National Archives and Records Administration (NARA) for the purpose of 
records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    The Department is proposing to modify the section entitled 
``POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS'' to delete and 
replace ``student/borrower'' with ``aid applicant or recipient.''
    The Department is modifying the section entitled ``POLICIES AND 
PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS'' to indicate that the 
Department has proposed amendments to the primary records schedule, ED 
Records Schedule 051: FSA National Student Loan Data System (NSLDS) 
(DAA-044102017-0004) (ED 051), that covers NSLDS records for NARA's 
consideration, and will not destroy records covered by ED 051 until 
such amendments are in effect, as applicable.
    The Department is modifying the section entitled ``ADMINISTRATIVE, 
TECHNICAL, AND PHYSICAL SAFEGUARDS'' to include information on 
requirements under the Federal Information Security Management Act of 
2002 (FISMA), as amended by the Federal Information Security 
Modernization Act of 2014, to clarify that the Department system must 
receive a signed Authorization to Operate (ATO) from a designated 
Department official and to describe FISMA controls.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    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.

Richard Cordray,
Chief Operating Officer, Federal Student Aid.

    For the reasons discussed in the preamble, the Chief Operating 
Officer, Federal Student Aid, U.S. Department of Education (Department) 
publishes a notice of 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, Partner Systems Integration Division, Program Technical 
and Business Support Group, Partner Management and Support Services, 
Partner Participation and Oversight, Federal Student Aid (FSA), U.S. 
Department of Education, Union Center Plaza (UCP), 830 First Street NE, 
Room 41F1, Washington, DC 20202-5454.
    Amazon Web Services (AWS) Government Cloud, 410 Terry Ave., North 
Seattle, WA 98109-5210. (This is the Computer Center for the NSLDS 
application, where all electronic NSLDS information is processed and 
stored.)
    Accenture, 22451 Shaw Rd., Sterling, VA 20166-4319. (This is 
Accenture's main program office.)
    Accenture DC, 820 First St. NE, Washington, DC 20202-4227. (This 
location is an alternate Accenture work site to support NSLDS.)
    Accenture Federal Services, 10931 Laureate Dr., San Antonio, TX 
78249. (This location is an alternate Accenture work site to support 
NSLDS.)
    NTT Global Data Centers Americas, 44664 Guilford Dr., Ashburn, VA 
20147 and 2008 Lookout Dr., Garland, TX 75044. (NSLDS call recordings 
are stored at these locations.)
    Oracle Service Cloud, 500 Eldorado Blvd., Broomfield, CO 80021. 
(Provides customer case management and reporting capabilities to NSLDS 
Help Desk Customer Service Representatives (CSRs) and has the 
capability to track and store NSLDS inquiries, which allows CSRs to 
respond to these cases/inquiries.)
    The following three listings are the locations of the NSLDS 
Customer Service Centers:
    ASM Research, 2429 Military Rd., Suite 200, Niagara Falls, NY 
14304-1551;
    Senture, LLC, 4255 W Highway 90, Monticello, KY 42633-3398; and
    Veteran Call Center, LLC, 53 Knightsbridge Rd., Suite 216, 
Piscataway, NJ 08854-3925.

SYSTEM MANAGER(S):
    Director, Partner Systems Integration Division, Program Technical 
and Business Support Group, Partner Participation and Oversight 
Directorate, Federal Student Aid, 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), section 431(2) and (3) of the General Education Provisions Act 
(20 U.S.C. 1231a(2)-(3)), and the Higher Education Relief Opportunities 
for Students Act of 2003 (20 U.S.C. 1098bb) (including any waivers or 
modifications that the Secretary of Education deems necessary to make 
to any statutory or regulatory provision applicable to the student 
financial assistance programs under title IV of the HEA to achieve 
specific purposes listed in the section in connection with a war, other 
military operation, or a national emergency). The collection of Social 
Security numbers (SSNs) of individuals who are covered

[[Page 57877]]

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 applicants and recipients of aid under 
title IV of the HEA:

    (Note: Different parts of the HEA use the terms ``discharge,'' 
``cancellation,'' or ``forgiveness'' to describe when a borrower's 
loan amount is reduced in whole or in part by the Department. To 
reduce complexity, this system of records notice uses the term 
``discharge'' to include all three terms (``discharge,'' 
``cancellation,'' and ``forgiveness''), including, but not limited 
to, discharges of student loans made pursuant to specific benefit 
programs. At times, the system of records notice may refer by name 
to a specific benefit program, such as the ``Public Service Loan 
Forgiveness'' program; such specific references are not intended to 
exclude any such program benefits from more general references to 
loan discharges.)

    (1) to determine the eligibility of aid applicants and recipients 
for Federal student financial aid programs authorized by title IV of 
the HEA;
    (2) to report changes in aid applicant and recipient enrollment 
status and enrollment in gainful employment programs;
    (3) to track aid recipients who owe title IV, HEA obligations 
(debtors);
    (4) to maintain information on the status of student loans;
    (5) to maintain information on awards to students under the Federal 
Pell Grant program, the Academic Competitiveness Grant (ACG) program, 
the National Science and Mathematics Access to Retain Talent (National 
SMART) Grant program, the Teacher Education Assistance for College and 
Higher Education (TEACH) Grant program, the Federal Supplemental 
Educational Opportunity Grant (FSEOG) program, and the Iraq and 
Afghanistan Service Grant program;
    (6) to provide borrowers and NSLDS users with loan refund and 
discharge details;
    (7) to identify qualifying individuals and inform them about title 
IV, HEA benefits, including total and permanent disability (TPD) 
discharges, Public Service Loan Forgiveness (PSLF), and benefits under 
the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. 3901-4043, to 
streamline the process for applying for loans and benefits, and to 
recoup payments or delinquent debts under the title IV, HEA programs;
    (8) to provide consumer tools to the public to better evaluate the 
effectiveness of postsecondary institutions considering their costs, 
financial aid, loan repayment rates, completion rates, median debts, 
and the aggregate earnings of title IV, HEA aid recipients who were 
enrolled at postsecondary institutions participating in the title IV, 
HEA programs so that the public can make informed decisions about which 
postsecondary institution to attend;
    (9) to enable the Department, or other Federal, State, Tribal or 
local government agencies, to investigate, respond to, or resolve 
complaints concerning the practices or processes of the Department and/
or the Department's contractors, or to investigate, respond to, or 
resolve aid recipients' requests for assistance or relief with regard 
to title IV, HEA program funds;
    (10) to conduct testing, analysis, or take other administrative 
actions needed to prepare for or execute programs under title IV of the 
HEA; and
    (11) to process income eligibility information and documentation 
for aid applicants and recipients, or applicable aid applicants' and 
recipients' parents or spouses, pertaining to the discharge of eligible 
loans under title IV, HEA programs.
    The information in the NSLDS is also maintained for the following 
purposes relating to institutions of higher education (also referred to 
herein as ``educational institutions'' or ``postsecondary 
institutions'') 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 or Pell Grant disbursements;
    (2) to provide student aggregate loan calculations to educational 
institutions;
    (3) to determine default rates for educational institutions, 
guaranty agencies, and lenders;
    (4) to prepare electronic financial aid histories on aid applicants 
and recipients for educational institutions, guaranty agencies, 
Department staff, and Department contractors;
    (5) to alert educational institutions of changes in students' 
financial aid eligibility via the Transfer Student Monitoring process;
    (6) to assist Department staff, Department contractors and agents, 
guaranty agencies, the Department of Justice (DOJ), educational 
institutions, lenders, and servicers in collecting debts arising from 
the receipt of title IV, HEA funds;
    (7) to assess title IV, HEA program activities by guaranty 
agencies, educational institutions, lenders, and servicers;
    (8) to display organizational contact information provided by 
educational institutions, guaranty agencies, lenders, and servicers;
    (9) to provide reporting capabilities for educational institutions, 
guaranty agencies, lenders, and servicers for use in title IV, HEA 
administrative functions and for the Department or other Federal, 
State, Tribal, or local agencies for use in oversight and compliance;
    (10) to provide financial institutions and servicers, Department 
staff, and Department contractors with contact information on loan 
holders for use in the collection of loans;
    (11) to provide educational institutions and servicers with 
information to resolve overpayments of Pell, ACG, National SMART, 
TEACH, Iraq and Afghanistan Service Grants, and FSEOG grants;
    (12) 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 educational institution;
    (13) to provide consumer tools, such as the College Scorecard, 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, HEA 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; and
    (14) to provide data for educational 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 Federal Credit Reform Act of 1990, as amended (CRA) 
(2 U.S.C. 661 et seq.);
    (5) to ensure only authorized users access the NSLDS database and 
to

[[Page 57878]]

maintain a history of the aid applicant and recipient information 
reviewed;
    (6) to track the Department's interest in loans funded through the 
Ensuring Continued Access to Student Loans Act of 2008 (ECASLA) (P.L. 
110-227);
    (7) to track TEACH grants that have been converted to loans;
    (8) to track eligibility for PSLF;
    (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, Classification of Instructional 
Programs (CIP) code, and published length of the educational program in 
which a student is enrolled;
    (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;
    (13) to verify that Federal, State, local, and Tribal statutory, 
regulatory, and program requirements are met by educational and 
financial institutions, Federal Loan Servicers, the Federal Perkins 
Loan Servicer, and guaranty agencies;
    (14) to help governmental entities at the Federal, State, Tribal, 
and local levels exercise their supervisory and administrative powers 
(including, but not limited to, licensure, examination, discipline, 
regulation, or oversight of educational institutions, Department 
contractors, guaranty agencies, eligible lenders, and third-party 
servicers) or to investigate, respond to, or resolve complaints 
regarding the practices or processes of the Department and/or the 
Department's contractors, or to update information or correct errors 
contained in Department records regarding an aid recipient's title IV, 
HEA program funds;
    (15) to provide information to support web-based access to aid 
applicant and recipient's title IV, HEA program data including 
enrollment; and
    (16) to track loan transfers from one holder or servicer to 
another.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on individual title IV, HEA aid 
applicants and recipients.
    This system also contains information on the parent(s) of a 
dependent aid applicant or recipient and the spouse of a married aid 
applicant or recipient.
    In addition, this system contains records on borrowers and 
endorsers who received or co-signed on a loan(s) under one of the 
programs authorized under title IV of the HEA, including:
    (1) the William D. Ford Direct Loan Program (Direct Loan) Program, 
including Federal Direct Unsubsidized and Subsidized Stafford/Ford 
Loans, Federal Direct Consolidation Loans, and Federal Direct PLUS 
Loans;
    (2) the Federal Family Education Loan (FFEL) Program,
    (3) the Federal Insured Student Loan (FISL) Program, and
    (4) the Federal Perkins Loan Program (including National Defense 
Student Loans, National Direct Student Loans, and Perkins Expanded 
Lending and Income Contingent Loans) (Perkins Loans).
    This system also contains records on aid 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 TEACH Grant, a National 
SMART Grant, a FSEOG, an Iraq and Afghanistan Service Grant, or a 
Federal Perkins Loan.
    Further, this system 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 
Grad and Parent PLUS loans funded through those programs.
    This system also contains records on students who are title IV, HEA 
aid recipients and who attended, or who are attending, a gainful 
employment program at a postsecondary institution.
    Lastly, this system contains records from 2014-2021 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 was 
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 was enrolled, and to determine when a 
borrower who enrolled after reaching the 150 percent limit would have 
been responsible for the accruing interest on outstanding Direct 
Subsidized Loans.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the NSLDS include, but are not limited to:
    (1) aid applicant and recipient identifier information, including 
SSN, name, date of birth, physical address, phone number, email 
address, and driver's license information;
    (2) aid applicant demographic information, including an aid 
applicant's parent's and spouse's demographic information (if 
applicable), student enrollment, list of participating title IV, HEA 
institutions of higher education selected by the aid applicant to 
receive the Free Application for Federal Student Aid (FAFSA[supreg]) 
data along with residency plans, and the financial profile of an 
applicant and an aid applicant's parent(s) or spouse, as reported and 
calculated through the FAFSA form; and processing flags, indicators, 
rejections, and overrides;
    (3) information on the borrower's loan(s) covering the period from 
the origination of the loan through final payment, 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 discharges;
    (4) information on an aid applicant's or recipient's endorser or 
co-signer of a PLUS loan application from the origination of the loan 
through final payment, consolidation, discharge, or other final 
disposition, including details such as co-signer SSN, name, date of 
birth, driver's license (if reported), active-duty status (if 
applicable and reported), email address, address, phone number, and 
relevant loan information with respect to the loan on which they are 
the endorser or co-signer;
    (5) 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;
    (6) aggregated income information on graduates and non-completers 
of a particular gainful employment program, and the median loan debt 
incurred by students enrolled in the gainful employment program, 
regardless of whether they completed the program;

[[Page 57879]]

    (7) 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;
    (8) information on the parent(s) of a dependent recipient, 
including name, date of birth, SSN, marital status, email address, 
highest level of schooling completed, and income and asset information;
    (9) information related to an aid applicant or recipients 
application for title IV, HEA benefits, including information relating 
to income-driven repayment or PSLF eligibility such as current income, 
family size, repayment plan selections, employer name, dates of 
employment, employment status, and information about the borrower's 
spouse if the borrower is married;
    (10) Federal Pell Grant, ACG Grant, National SMART Grant, TEACH 
Grant, and Iraq and Afghanistan Service Grant amounts and dates of 
disbursement;
    (11) Federal Pell Grant, ACG Grant, National SMART Grant, TEACH 
Grant, Iraq and Afghanistan Service Grant, FSEOG, and Federal Perkins 
Loan Program overpayment amounts;
    (12) Information maintained by a guaranty agency, including, 
demographic, contact, and identifier information, a borrower's FFEL 
loan(s), and the lender(s), holder(s), and servicer(s) of the 
borrower's FFEL loan(s);
    (13) NSLDS user profiles that include name, SSN, date of birth, 
employer, and NSLDS username;
    (14) 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;
    (15) pre- and post-screening results used to determine a student's 
or parent's aid eligibility;
    (16) 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;
    (17) 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;
    (18) information obtained pursuant to matching programs or other 
information exchanges with Federal and State agencies and other 
administrators of Federal funds and programs to assist in identifying 
individuals who may be eligible for aid applicant's or recipient's 
benefits related to their title IV, HEA loans or other title IV, HEA 
obligations, including TPD discharges, loan deferments, interest rate 
reductions, PSLF, and other Federal and State loan repayment or 
discharge benefits, or for the purpose of recouping payments or 
delinquent debts under title IV, HEA programs; and
    (19) recorded phone calls to the customer service center including 
personally identifiable information (PII), such as name, date of birth, 
SSN, and the reason for call.

RECORD SOURCE CATEGORIES:
    Information is obtained from other Federal, State, local, and 
Tribal agencies, other administrators of Federal funds and programs, 
guaranty agencies, educational institutions, financial institutions and 
servicers, aid applicants and recipients, parents and spouses of 
applicable aid applicants and recipients, and designated co-signers and 
endorsers.
    Information is also obtained from other Department systems, or 
their successor 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 all systems covered by the system of 
records entitled ``Aid Awareness and Application Processing''. 
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;

[[Page 57880]]

    (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 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 
discharges 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 DOJ and private counsel 
retained by the DOJ, and to other Federal, State, local, or Tribal 
agencies;
    (n) To assist the Department in tracking loans funded under ECASLA, 
the Department may disclose records to Federal agencies;
    (o) 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; and
    (p) To help Federal, State, Tribal, and local governmental entities 
exercise their supervisory and administrative powers (including 
licensure, examination, discipline, regulation, or oversight of 
educational institutions, Department contractors, guaranty agencies, 
eligible lenders, and third-party servicers) or to investigate, respond 
to, or resolve complaints submitted regarding the practices or 
processes of the Department and/or the Department's contractors, the 
Department may disclose records to governmental entities at the 
Federal, State, Tribal, and local levels. These records may include all 
aspects of records relating to loans and grants made under title IV of 
the HEA, to permit these governmental entities to verify compliance 
with debt collection, consumer protection, financial, and other 
applicable statutory, regulatory, or local requirements. Before making 
a disclosure to these Federal, State, local, or Tribal governmental 
entities, the Department will require them to maintain safeguards 
consistent with the Privacy Act to protect the security and 
confidentiality of the disclosed records.
    (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, 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 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 and on behalf 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

[[Page 57881]]

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 or their Agents or 
Contractors, Professional Organizations, or the Department's 
Contractors. The Department may disclose a record to a Federal, State, 
local, Tribal or other public agency or an agent or contractor of such 
a public agency, a professional organization, or a Department 
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.
    (14) Disclosure to the National Archives and Records Administration 
(NARA). The Department may disclose records from this system of records 
to NARA for the purpose of records management inspections conducted 
under the authority of 44 U.S.C. 2904 and 2906.

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 aid applicant or recipient 
information, they must supply the respective SSN, name, and date of 
birth.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are primarily retained and disposed of in accordance with 
ED Records Schedule 051: FSA National Student Loan Data System (NSLDS) 
(DAA-0441-2017-0004) (ED 051). The Department has submitted amendments 
to ED 051 for NARA's consideration and will not destroy records covered 
by ED 051 until such amendments are in effect, as applicable.

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 Department 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.

[[Page 57882]]

    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.
    In accordance with the Federal Information Security Management Act 
of 2002 (FISMA), as amended by the Federal Information Security 
Modernization Act of 2014, every Department system must receive a 
signed Authorization to Operate (ATO) from a designated Department 
official. The ATO process includes a rigorous assessment of security 
controls, a plan of actions and milestones to remediate any identified 
deficiencies, and a continuous monitoring program.
    FISMA controls implemented are comprised of a combination of 
management, operational, and technical controls, and include the 
following control families: access control, awareness and training, 
audit and accountability, security assessment and authorization, 
configuration management, contingency planning, identification and 
authentication, incident response, maintenance, media protection, 
physical and environmental protection, planning, personnel security, 
privacy, risk assessment, system and services acquisition, system and 
communications protection, system and information integrity, and 
program management.

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 the ``National Student Loan Data 
System'' (18-11-06) was last modified and published in full on 
September 9, 2019 (84 FR 47265-47271).

[FR Doc. 2022-20682 Filed 9-21-22; 8:45 am]
BILLING CODE 4000-01-P