Privacy Act of 1974; System of Records, 41942-41951 [2023-13698]
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Federal Register / Vol. 88, No. 123 / Wednesday, June 28, 2023 / Notices
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 maintained 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.
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,
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system and services acquisition, system
and communications protection, system
and information integrity, and program
management.
published in full on September 22, 2022
(87 FR 57873).
[FR Doc. 2023–13697 Filed 6–27–23; 8:45 am]
BILLING CODE 4000–01–P
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
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DEPARTMENT OF EDUCATION
[Docket ID ED–2023–FSA–0076]
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 U.S. Department of
Education (Department) publishes this
notice of a modified system of records
entitled ‘‘Common Origination and
Disbursement (COD) System’’ (18–11–
02). The information contained in this
system is maintained for various
purposes relating to aid applicants and
recipients including determining their
eligibility for Federal student financial
assistance under the programs
authorized by title IV of the Higher
Education Act of 1965, as amended
(HEA); institutions of higher education
participating in and administering title
IV, HEA programs; and the
Department’s oversight of title IV, HEA
programs.
DATES: Submit your comments on this
modified system of records notice on or
before July 28, 2023.
This modified system of records
notice will become applicable upon
publication in the Federal Register on
June 28, 2023, except for the new
routine use (1)(l) that is outlined in the
section entitled ‘‘ROUTINE USES OF
RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH
USES,’’ which will be effective on July
28, 2023, unless it needs 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: Comments must be
submitted via the Federal eRulemaking
Portal at regulations.gov. However, if
you require an accommodation or
cannot otherwise submit your
comments via regulations.gov, please
contact the program contact person
listed under FOR FURTHER INFORMATION
CONTACT. The Department will not
accept comments submitted by fax or by
email, or comments submitted after the
comment period closes. To ensure that
the Department does not receive
SUMMARY:
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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 ‘‘FAQ’’ tab.
Privacy Note: The Department’s
policy is to make 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:
Shannon Mahan, Acting Director,
Program Delivery Services Group,
Union Center Plaza, room 64E1, 830
First Street NE, Washington, DC 20202–
5454. Telephone: 202–377–3019. Email:
Shannon.Mahan@ed.gov.
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:
In accordance with the Privacy Act,
the Department proposes to modify the
system of records notice entitled,
‘‘Common Origination and
Disbursement (COD) System’’ (18–11–
02), which was last published in full in
the Federal Register on September 13,
2022 (87 FR 56015).
The Department is modifying this
system of records by making a global
change to delete and replace ‘‘store’’ or
‘‘stored’’ with ‘‘maintain’’ or
‘‘maintained’’, as applicable, to better
align with the terminology used in the
Privacy Act.
The Department is modifying the
section entitled ‘‘SYSTEM LOCATION’’
as follows:
(i) To update the description of the
Amazon Web Services (AWS) from a
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‘‘computer’’ to ‘‘hosting’’ center to better
align with industry terminology; and
(ii) To update the address of ASM
Research from Niagara Falls, NY, to
Fairfax, VA.
The Department is modifying the
section entitled ‘‘AUTHORITY FOR
THE MAINTENANCE OF THE
SYSTEM’’ to add ‘‘the FAFSA
Simplification Act (Title VII, Division
FF of Pub. L. 116–260) (including, but
not limited to the following Sections of
the FAFSA Simplification Act:
Subsection 702(m), which amends
Section 483 of the HEA, and Section 703
that amends Section 401 of the HEA),
and the FAFSA Simplification Act
Technical Corrections Act (Division R of
the Consolidated Appropriations Act,
2022 (Pub. L. 117–103))’’ to improve the
financial aid application experience and
expand title IV, HEA eligibility.
The Department is modifying the
section entitled ‘‘PURPOSE(S) OF THE
SYSTEM’’ relating to aid applicants and
recipients under title IV of the HEA as
follows:
(i) The list of data and documentation
maintained in the COD System set forth
in purpose (2) is expanded to include
alternative documentation of income
(ADOI), as an alternative to Federal Tax
Information (FTI), used to support the
calculation of a monthly payment
amount for Income-Driven Repayment
(IDR) plans;
(ii) Purpose (7) is updated to identify
an aid recipient who applies to repay or
recertifies their eligibility to repay, an
eligible lender-held Federal Family
Education Loan (FFEL);
(iii) New purpose (13) is added to
identify an aid recipient who received a
Federal Supplemental Education
Opportunity Grant (FSEOG) or who
earned money under the Federal WorkStudy (FWS) program for use in the
calculation of the Student Aid Index
(SAI) and to assist with expenditure
reporting on the Fiscal Operations
Report and Application to Participate
(FISAP);
(v) New purpose (14) is added to
enable an aid recipient to complete a
Public Service Loan Forgiveness (PSLF)
application using the ‘‘PSLF Help Tool’’
and to maintain the aid recipient’s PSLF
qualifying employer’s information
including, but not limited to,
authorizing official’s name, title, phone
number, email address, and digital
signature (including time and date
stamp); and
(vi) New purpose (15) is added to
identify whether an aid recipient (and
where applicable the spouse), who is
applying for or recertifies eligibility for
an IDR plan has or has not provided
consent/affirmative approval both to
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redisclose Federal Tax Information (FTI)
of such individuals pursuant to clauses
(iii), (iv), (v), and (vi) of section
6103(l)(13)(D) of the Internal Revenue
Code (IRC) of 1986 and under
subsection 494(a) of the HEA (20 U.S.C.
1098h(a)) for the purpose of determining
eligibility for, or repayment obligations
under, IDR plans under title IV of the
HEA with respect to loans under part D
of the HEA (the Direct Loan program),
and redisclosure of FTI under IRC
§ 6103(l)(13)(A) and (C).
The Department is modifying the
section entitled ‘‘PURPOSE(S) OF THE
SYSTEM’’ relating to institutions of
higher education (also referred to herein
as ‘‘educational institutions’’)
participating in and administering title
IV, HEA programs by adding new
purpose (7) to allow an institution of
higher education to report an aid
recipient’s receipt of a FSEOG or
earnings under the FWS program, which
will be used in the SAI calculation and
to assist with expenditure reporting on
the FISAP.
The Department is modifying the
section entitled ‘‘PURPOSE(S) OF THE
SYSTEM’’ relating to the Department’s
administration and oversight of title IV,
HEA programs as follows:
(i) Purpose (9) is being updated to
include the implementation and
evaluation of education policies in
relation to title IV, HEA programs to
better clarify the purpose;
New purpose (12) is being added to
assist eligible lenders in processing IDR
plan requests for eligible aid recipients
by providing the calculated monthly
payment amounts. The Department is
modifying the section entitled
‘‘CATEGORIES OF INDIVIDUALS
COVERED BY THE SYSTEM’’ as
follows:
(i) The FWS and the FSEOG Programs
are added as new categories (10) and
(11), respectively;
(ii) The last phrase in the last
paragraph is relocated, with some
modifications, to the ‘‘CATEGORIES OF
RECORDS IN THE SYSTEM’’ to better
describe the cohort default rates
described therein are categories of
records, not individuals, in the system;
and
(iii) A new last paragraph is added to
include a PSLF qualifying employer’s
authorizing official who has certified an
aid recipient’s employment.
The Department is modifying the
section entitled ‘‘CATEGORIES OF
RECORDS IN THE SYSTEM’’ as follows:
(i) The Department is adding a new
note that explains that the FTI the
Department will directly obtain from the
Internal Revenue Service (IRS) under
the Fostering Undergraduate Talent by
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Unlocking Resources for Education
(FUTURE) Act will not be maintained in
this system of records but in a separate
system of records, which will be
covered by a system of records notice
entitled ‘‘FUTURE Act System (FAS)’’
(18–11–23) that the Department will
publish in the Federal Register;
(ii) Category (2) is modified to include
the incarcerated student indicator flag
and the consent/affirmative approval
both to redisclose Federal Tax
Information (FTI) of such individuals
pursuant to clauses (iii), (iv), (v), and
(vi) of section 6103(l)(13)(D) of the
Internal Revenue Code (IRC) of 1986
and for disclosure under section 494(a)
of the HEA (20 U.S.C. 1098h(a)) to
determine eligibility for, or repayment
obligations under, IDR plans pursuant to
subsection 494(a) of the HEA (20 U.S.C.
1098h(a));
(iii) Category (4) is modified to
include FSEOGs, approved Prison
Education programs (PEPs) (the FAFSA
Simplification Act allows for expanding
access to Federal Pell Grants to include
Federal and State penal facilities’
approved PEPs), and information about
the FWS program, including the amount
of FWS amounts and category/type of
FWS employment;
(iv) Category (9) is modified to
include records related to a request by
an applicant for a Federal Direct PLUS
Loan for a credit appeal including credit
check details, adverse credit history,
credit bureau information, and the
appeal decision;
(v) Category (10) is modified to
include paper or electronic requests to
repay, ‘‘annual recertification of
eligibility for’’, ‘‘ADOI’’, and ‘‘IDR
monthly payment amount based on the
plan selection (as applicable)’’ to
expand the category of records
collected;
(vi) New category (15) is being added
to include information provided and
generated through customer interactions
with contact center support via inbound
and outbound channels (phone, chat,
webform, email, customer satisfaction
survey, fax, physical mail, and digital
engagement platforms). Information
includes, but is not limited to: chat
transcripts, email communications,
audio recordings of customer calls, and
screen recordings of contact center
desktop support during customer
interactions;
(vii) New category (16) is being added
to include borrower defense (BD)
information including an uniquely
generated internal system case ID, a
uniquely generated BD case number for
Department, educational institution and
student tracking, Office of
Postsecondary Education Identification
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Number (OPEID), and the applicable
regulatory year and provision (i.e., 1995,
2016, or 2020) under which the BD case
is being processed; and
(viii) The Department is adding two
new paragraphs at the end of the section
to explain that the system also contains
an aid recipient’s PSLF qualifying
employer’s information (including, but
not limited to, authorizing official’s
name, title, phone number, email
address, and digital signature (including
time and date stamp)) and NSLDS
cohort default rates calculated by the
National Student Loan Data system from
guaranty agency-reported and Federal
Loan Servicer-reported data at the
institution level.
The Department is modifying the
section ‘‘RECORD SOURCE
CATEGORIES’’ as follows:
(i) A new fourth paragraph is added
to explain the process by which the
Department obtains the PSLF qualifying
employer’s information including, but
not limited to, authorizing official name,
title, phone number, email address, and
digital signature (including time and
date stamp), through DocuSign (a secure
digital software used by the Department
to obtain and document digital
signatures) as a service for the aid
recipient and the aid recipient’s PSLF
qualifying employer for the purpose of
processing the aid recipient’s PSLF
application; and
(ii) In the fifth paragraph, category (1)
is updated from the Central Processing
System (CPS) (covered by the
Department’s Privacy Act system of
records notice entitled ‘‘Federal Student
Aid Application File’’ (18–11–01)) to
the Student Aid internet Gateway
(SAIG) (covered by the Department’s
Privacy Act system of records notice
entitled ‘‘Student Aid internet Gateway
(SAIG), Participation Management
System’’ (18–11–10)); category (5),
covering the Customer Engagement
Management System (CEMS) (covered
by the Department’s Privacy Act system
of records notice entitled ‘‘Customer
Engagement Management System
(CEMS)’’ (18–11–11)), is deleted; new
category (6) is added to include the
Federal Tax Information Module (FTIM)
(covered by the Department’s Privacy
Act system of records notice entitled
‘‘FUTURE Act System (FAS)’’ (18–11–
23)); new category (7) is added to
include the Person Authentication
Service (PAS) (covered by the
Department’s Privacy Act system of
records notice entitled ‘‘Person
Authentication Service (PAS)’’ (18–11–
12)); and new category (8) is added to
include the FAFSA Processing System
(covered by the Department’s Privacy
Act system of records notice entitled
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‘‘Aid Awareness and Application
Processing’’ (AAAP) (18–11–21)).
The Department is modifying the
section entitled ‘‘ROUTINE USES OF
RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH
USES’’ to add new routine use (1)(l) to
enable the Department to disclose
records including, but not limited to,
monthly payment amounts and ADOIs,
to eligible lenders to assist such lenders
in processing an aid recipient’s IDR
plan. The Department is modifying the
section entitled ‘‘POLICIES AND
PRACTICES FOR STORAGE OF
RECORDS’’ to indicate that the
Department maintains Alternative
Documentation Of Income (ADOI) and
to include paper or electronic requests
to repay for Direct Loan or Departmentheld Perkins or FFEL.
The Department is modifying the
section entitled ‘‘POLICIES AND
PRACTICES FOR RETRIEVAL OF
RECORDS’’ to include the BD case
number as a why to access a record.
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 (FSA) of the U.S.
Department of Education (Department)
publishes a modified system of records
notice to read as follows:
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SYSTEM NAME AND NUMBER:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Common Origination and
Disbursement (COD) System (18–11–
02).
The authority under which the system
is maintained is title IV of the Higher
Education Act of 1965, as amended
(HEA) (20 U.S.C. 1070 et seq.), the
Higher Education Relief Opportunities
for Students Act of 2003 (20 U.S.C.
1098(b) (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 FAFSA Simplification
Act (Title VII, Division FF of Pub. L.
116–260) (including but not limited to
the following sections of the FAFSA
Simplification Act: subsection 702(m),
which amends section 483 of the HEA,
and section 703, which amends section
401 of the HEA), and the FAFSA
Simplification Act Technical
Corrections Act (Division R of the
Consolidated Appropriations Act, 2022
(Pub. L. 117–103)).
SECURITY CLASSIFICATION:
Unclassified.
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SYSTEM LOCATION:
Program Management Services,
Federal Student Aid (FSA), Union
Center Plaza (UCP), Room 64E1, 830
First St. NE, Washington, DC 20202–
5454.
Amazon Web Services (AWS)
Government Cloud, 1200 12th Ave.,
Suite 1200, Seattle, WA 98114. (This is
the Hosting Center for the COD
application, where all electronic COD
information is processed and
maintained.)
Accenture, 22451 Shaw Rd., Sterling,
VA 20166–4319. (The COD Sterling
Cloud-based operations is located here.)
Accenture DC, 820 First St. NE,
Washington, DC 20202–4227. (This is
the COD operations center.)
Accenture Federal Services, 10931
Laureate Dr., San Antonio, TX 78249.
(This is the COD support center.)
Atlanta Federal Records Center,
National Archives and Records
Administration (NARA), 4712
Southpark Blvd., Ellenwood, GA 30294.
(This is where Direct Loan paper
promissory notes (also referred to as
master promissory notes or MPNs)),
Endorser Addenda, and Power of
Attorney documents are maintained.)
NTT Global Data Centers Americas
(Raging Wire), 44664 Guilford Dr.,
Ashburn, VA 20147. (This is a
datacenter for contact center technical
infrastructure.)
NTT Global Data Centers Americas
(Raging Wire), 2008 Lookout Dr.,
Garland, TX 75044. (This is a datacenter
for contact center technical
infrastructure.)
The following three listings are the
locations of the COD Customer Service
Centers:
ASM Research, 4050 Legato Road,
#1100, Fairfax, VA 22033. (This center
images and maintains all the Direct
Loan paper MPNs and Endorser
Addenda);
Senture, LLC, 4255 W Highway 90,
Monticello, KY 42633–3398; and
Veteran Call Center, 53 Knightsbridge
Rd., Suite 216, Piscataway, NJ 08854–
3925.
SYSTEM MANAGER(S):
Director, COD System, Program
Delivery Services Group, Federal
Student Aid (FSA), U.S. Department of
Education (Department), Union Center
Plaza (UCP), Room 64E1, 830 First
Street NE, Washington, DC 20202–5454.
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PURPOSE(S) OF THE SYSTEM:
The information contained in this
system is maintained for the following
purposes related to aid applicants and
recipients 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 aid applicants’ and
recipients’ eligibility for and benefits
under title IV, HEA programs,
including, but not limited to, receiving
a loan, grant, or scholarship, and
obtaining discharge of eligible loans
under title IV of the HEA;
(2) To maintain data and
documentation, including, but not
limited to, promissory notes and other
agreements that evidence the existence
of a legal obligation to repay funds
disbursed under title IV, HEA programs
and alternative documentation of
income (ADOI) used to support the
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41945
calculation of a monthly payment
amount IDR plans;
(3) To identify whether an aid
recipient may have received title IV,
HEA program funds at more than one
educational institution for the same
enrollment period in violation of title
IV, HEA program regulations;
(4) To identify whether an aid
recipient may have exceeded title IV,
HEA program fund award limits in
violation of title IV, HEA program
regulations;
(5) To identify an aid applicant or
recipient who completed an electronic
Direct Consolidation Loan Application
and promissory note or a Special Direct
Consolidation Loan application and
promissory note;
(6) To identify an aid applicant or
recipient who completed entrance and
exit counseling in the Direct Loan or
Teacher Education Assistance for
College and Higher Education (TEACH)
Grant programs;
(7) To identify an aid recipient who
apply to repay, or recertifies their
eligibility to repay, a Direct Loan, a
Department-held Perkins loan, a
Department- or an eligible lender-held
Federal Family Education Loan (FFEL)
Program loan under an IDR plan;
(8) To track student enrollments by
educational program for purposes of
determining educational program
outcomes, including using that
information to obtain average earnings
of students by educational program from
another Federal agency;
(9) To maintain a qualifying employer
database to allow aid recipients who
apply for Public Service Loan
Forgiveness (PSLF), Temporary
Expanded Public Service Loan
Forgiveness (TEPSLF), or the limited
PSLF waiver to search for and select
their PSLF qualifying employer;
(10) 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, and to investigate, respond
to, or resolve aid applicant and recipient
requests for assistance or relief
regarding title IV, HEA program funds;
(11) To enable an aid applicant,
recipient, and, where applicable, an
endorser, to initiate online credit checks
when they complete the electronic
Federal Direct PLUS Loan Application
or an Endorser Addendum (Note: If an
applicant for a Federal Direct PLUS
Loan is determined to be ineligible for
a loan because they have an adverse
credit history, they may still get a loan
if they have a qualified endorser or
complete a credit appeal);
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(12) To identify an aid recipient
obligated to repay title IV, HEA program
funds pursuant to various maintained
data and documentation such as
promissory notes, applications, and
agreements;
(13) To identify an aid recipient who
received a Federal Supplemental
Education Opportunity Grant (FSEOG)
or who earned money under the Federal
Work-Study (FWS) program for use in
the calculation of the Student Aid Index
(SAI) and to assist with expenditure
reporting on the Fiscal Operations
Report and Application to Participate
(FISAP);
(14) To enable an aid recipient to
complete a PSLF application using the
‘‘PSLF Help Tool’’ and to maintain the
aid recipient’s PSLF qualifying
employer’s information including, but
not limited to, authorizing official’s
name, title, phone number, email
address, and digital signature (including
time and date stamp); and
(15) To identify whether an aid
recipient (and where applicable the
spouse) who is applying or recertifies
eligibility for an IDR plan has or has not
provided consent/affirmative approval
both to redisclose Federal Tax
Information (FTI) of such individuals
pursuant to clauses (iii), (iv), (v), and
(vi) of section 6103(l)(13)(D) of the
Internal Revenue Code (IRC) of 1986
and under subsection 494 (a) of the HEA
(20 U.S.C. 1098h(a)) for the purpose of
determining eligibility for, or repayment
obligations under, IDR plans under title
IV of the HEA with respect to loans
under part D of the HEA (the Direct
Loan Program), and redisclosure of FTI
under IRC § 6103(l)(13)(A) and (C).
The information in this system is also
maintained for the following purposes
relating to institutions of higher
education (also referred to herein as
‘‘educational institutions’’) participating
in and administering title IV, HEA
programs:
(1) To enable an institution of higher
education to reconcile, on an aggregate
and recipient-level basis, the amount of
title IV, HEA program funds that an
institution received for disbursements it
made to, or on behalf of, eligible
students (including reconciling
verification codes, reconciling the funds
received with disbursements made by
type of funds received, and making
necessary adjustments);
(2) To enable an institution of higher
education to request online credit
checks on an aid applicant, recipient, or
endorser in connection with the
determination of the aid applicant’s
eligibility for a title IV, HEA Federal
Direct PLUS Loan;
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(3) To assist an institution of higher
education, a software vendor, or a thirdparty servicer with questions about title
IV, HEA program funds;
(4) To assist an institution of higher
education with student loan default
prevention;
(5) To reconcile an institution of
higher education’s cash drawdowns
from the U.S. Department of the
Treasury with its reported
disbursements and to ensure that the
institution of higher education receives
the appropriate amount of funds during
the respective time period;
(6) To collect Campus-Based
expenditure information for the
previous award year and the ability to
apply for Campus-Based program funds
using the FISAP;
(7) To enable an institution of higher
education to report an aid recipient’s
receipt of a FSEOG or earnings under
the FWS program, which will be used
in the SAI calculation and to assist with
expenditure reporting on the FISAP.
The information in this system is also
maintained for the following purposes
relating to the Department’s
administration and oversight of title IV,
HEA programs:
(1) To support the investigation of
possible fraud and abuse and to detect
and prevent fraud and abuse in title IV,
HEA programs;
(2) To confirm that an institution of
higher education, or a program offered
by an institution of higher education, is
eligible to receive title IV, HEA program
funds, and to limit student aid
eligibility for ineligible institutions or
programs accordingly;
(3) To set and adjust program funding
authorization levels for each institution;
(4) To enforce institutional
compliance with Department reporting
deadlines;
(5) To apply appropriate title IV, HEA
funding controls;
(6) To ensure that Federal, State,
local, and Tribal statutory, regulatory,
contractual, and program requirements
are met by educational and financial
institutions, and the Department’s
contractors including Federal Loan
Servicers and the Federal Perkins Loan
Servicer;
(7) To help governmental entities at
the Federal, State, Tribal, and local
levels to 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); to
investigate, respond to, or resolve
complaints regarding the practices or
processes of the Department and/or the
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Department’s contractors; and to update
information or correct errors contained
in Department records regarding title IV,
HEA program funds;
(8) To provide reporting capabilities
for educational institutions, guaranty
agencies, lenders, Department
contractors including Federal Loan
Servicers, and the Federal Perkins Loan
Servicer for use in title IV, HEA
administrative functions, and for use by
the Department or Federal, State, Tribal,
or local agencies for oversight and
compliance;
(9) To support research, analysis, and
development, and the implementation
and evaluation of educational policies
in relation to title IV, HEA programs;
(10) To support the Department in
detecting and mitigating improper
payments in title IV, HEA programs;
(11) To conduct testing, analysis, or
take other administrative actions needed
to prepare for or execute programs
under title IV of the HEA; and
(12) To assist eligible lenders in
processing IDR plan requests for eligible
aid recipients by providing the
calculated monthly payment amounts.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system contains records of aid
applicants, aid applicants’ parents,
spouses of aid applicants, and where
applicable, endorsers, who apply for
title IV, HEA programs including, but
not limited to, the:
(1) Federal Pell Grant Program;
(2) Federal Perkins Loans Program;
(3) Academic Competitiveness Grant
(ACG) Program;
(4) National Science and Mathematics
Access to Retain Talent (National
SMART) Grant Program;
(5) TEACH Grant Program;
(6) Iraq and Afghanistan Service Grant
(IASG) Program;
(7) Direct Loan Program, which
includes Federal Direct Stafford/Ford
Loans, Federal Direct Unsubsidized
Stafford/Ford Loans, Federal Direct
PLUS Loans, and Federal Direct
Consolidation Loans;
(8) FFEL Program;
(9) Federal Insured Student Loan
(FISL) Program;
(10) FWS Program; and
(11) FSEOG Program.
The COD System also contains
records of aid recipients under title IV
of the HEA, parents of dependent aid
applicants or recipients and the spouse
of independent applicant or recipient.
The COD System also maintains records
on a PSLF qualifying employer’s
authorizing official who has certified an
aid recipient’s employment.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Note: The Federal Tax Information
(FTI) that the Department will obtain
directly from the Internal Revenue
Service (IRS) under the Fostering
Undergraduate Talent by Unlocking
Resources for Education (FUTURE) Act
will be maintained in a separate system
of records, which will be covered by a
system of records notice entitled
‘‘FUTURE Act System (FAS)’’ (18–11–
23) that the Department will publish in
the Federal Register.
Records in the COD System include,
but are not limited to, the following data
about aid applicants and recipients,
endorsers, aid applicants’ and
recipients’ parents, and spouses of aid
applicants and recipients who are part
of an aid applicant’s title IV, HEA aid
application or receive title IV, HEA aid:
(1) Identifier information, including
name, Social Security number (SSN),
date of birth (DOB), mailing address,
email address, driver’s license number,
and telephone number;
(2) Aid applicant and recipient
demographic information, including
demographic information of the aid
applicant’s and recipient’s parent(s) and
aid applicant’s and recipient’s spouse (if
applicable), incarcerated student
indicator flag, expected student
enrollment, list of participating title IV,
HEA institutions of higher education
designated by the aid applicant to
receive the Free Application For Federal
Student Aid (FAFSA®) form data along
with residency plans, and the financial
profile of an aid applicant, an aid
applicant’s parent(s), or an aid
applicant’s spouse, as reported and
calculated through the FAFSA form,
and to also include processing flags,
indicators, rejections, and overrides;
and the consent/affirmative approval to
disclose personally identifiable
information to the IRS and to obtain FTI
in order to determine eligibility for, or
repayment obligations under, IDR plans
pursuant to subsection 494 (a) of the
HEA (20 U.S.C. 1098h(a));
(3) Aid recipient’s loan information
including information about Direct
Loans, FFEL program loans, Perkins
loans, and FISL program loans. This
includes information about the period
from the origination of the loan through
final payment, and milestones,
including, but not limited to: discharge,
consolidation, or other final disposition
including details such as loan amount,
date of disbursement, disbursement
amounts, balances, loan status,
repayment plan and related information,
collections, claims, deferments,
forbearances, refunds, and guaranty
agencies, lender(s), holder(s), and
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servicer(s) of an aid recipient’s FFEL
program loan(s);
(4) Information about Federal grant
aid recipients, including recipients of
Pell Grants, ACG, National SMART
Grants, TEACH Grants, Iraq and
Afghanistan Service Grants, and
FSEOGs, including grant amounts, grant
awards, verification status, lifetime
eligibility used (LEU), IASG eligible
veteran’s dependent indicator, Children
of Fallen Heroes Scholarship eligibility
indicator, Pell Grant additional
eligibility indicator, approved Prison
Education programs (PEPs) (the FAFSA
Simplification Act allows for expanding
access to Federal Pell Grants to include
Federal and State penal facilities’
approved PEPS; and information about
the FWS program, including the amount
of FWS earnings and category/type of
FWS employment;
(5) Pell Grant collection status
indicator and overpayment collection
information;
(6) Promissory notes including
promissory note identification numbers,
loan type, current servicer, principal
balance, and the accrued interest for
Direct Loans, Federal Direct PLUS
Loans, or Department-held FFEL
program loans;
(7) TEACH Agreements to Serve;
(8) Direct Loan Entrance Counseling
forms, Federal Student Loan Exit
Counseling forms, Federal Direct PLUS
Loan Counseling forms, the Annual
School Loan Acknowledgement (ASLA),
Federal Direct PLUS Loan Requests,
endorser addendums, and counseling in
the Direct Loan and TEACH Grant
programs, such as the date that the aid
applicant completed counseling;
(9) Credit report information for
Federal Direct PLUS Loan applicants,
recipients, and endorsers and if
applicable, documents related to a
Federal Direct PLUS Loan applicant’s
request for a credit appeal including
credit check details, adverse credit
history, credit bureau information, and
applicant provided appeal support
documentation and the Department’s
appeal decision,
(10) Aid applicant, endorser, or
spouse identifier information for a paper
or electronic request to repay or annual
recertification of an Direct Loan or
Department-held Perkins or FFEL loans
or annual recertification of eligibility
for, an IDR plan, such as SSN; the date
that the IDR plan application was
completed; ADOI; IDR monthly
payment amount based on the plan
selection (as applicable); and current
loan balances;
(11) Electronic Direct Consolidation
Loan or Special Direct Consolidation
Loan aid recipient identifier
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information, such as the aid recipient’s
SSN, the date that the aid recipient
completed the Federal Direct
Consolidation Loan application and
promissory note, and current loan
balances;
(12) Information concerning the date
of any default on a loan;
(13) Demographic and contact
information for aid recipient accounts
that the Department places with the
Federal Loan Servicer(s) for collection
of the aid recipient’s title IV, HEA loans;
(14) Information obtained pursuant to
matching programs or other information
exchanges with Federal and State
agencies, and other external entities, to
assist in identifying aid recipients who
may be eligible for benefits related to
their title IV, HEA loans or other title IV,
HEA obligations, including, but not
limited to, Total and Permanent
Disability discharges, loan deferments,
interest rate reductions, PSLF, and other
Federal and State loan repayment,
discharge benefits, or for the purpose of
recouping payments or delinquent debts
under title IV, HEA programs;
(15) Information provided and
generated through customer interactions
with contact center support via inbound
and outbound channels (phone, chat,
webform, email, customer satisfaction
survey, fax, physical mail, and digital
engagement platforms). Information
includes, but is not limited to: chat
transcripts, email communications,
audio recordings of customer calls, and
screen recordings of contact center
desktop support during customer
interactions; and
(16) Borrower defense (BD)
information including a uniquely
generated internal system case ID, a
uniquely generated BD case number for
Department, educational institution and
student tracking, Office of
Postsecondary Education Identification
Number (OPEID), and the applicable
regulatory year and provisions (i.e.,
1995, 2016, or 2020) under which the
BD case is being processed.
The system also contains the
following data about students provided
by institutions of higher education that
participate in an experiment under the
Experimental Sites Initiative: award
year, experiment number, OPEID,
student SSN, student last name, and any
data collection instrument elements
authorized under the Information
Collection Request associated with each
experiment.
The system also contains records from
2014–2021 on the level of study,
Classification of Instructional Program
code (field of study), and published
length of an educational program in
which a student receiving title IV, HEA
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Federal student aid was enrolled to
limit their 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 an aid recipient who enrolled
after reaching the 150 percent limit
would have been responsible for the
accruing interest on outstanding Direct
Subsidized Loans.
The system also contains an aid
recipient’s PSLF qualifying employer’s
information including, but not limited
to, authorizing official’s name, title,
phone number, email address, and
digital signature (including time and
date stamp).
Finally, the system maintains cohort
default rates (CDRs) calculated by the
National Student Loan Data System
(NSLDS) from guaranty agency-reported
and Federal Loan Servicer-reported data
at the institution level.
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RECORD SOURCE CATEGORIES:
This system includes records obtained
from aid applicants and recipients, aid
applicants’ and recipients’ parents, and
spouses of aid applicants and recipients
who are part of an applicant’s or
recipient’s title IV, HEA aid application,
or who have received title IV, HEA
program assistance. These records
include information provided by
applicants for and recipients of title IV,
HEA program assistance, via, for
example, Federal Direct Consolidation
Loan or Special Direct Loan
Consolidation application forms and
promissory notes, the parents of
dependent aid applicants and
recipients, and the spouses of aid
applicants and recipients who request to
repay a Direct Loan, or recertifies their
eligibility for, an IDR plan.
This system also includes Federal
grant and Direct Loan origination and
disbursement records provided to the
Department by institutions of higher
education or their agents. The system
also receives completion information for
Direct Loan and TEACH Grant program
counseling through Studentaid.gov (the
student-facing portion of the website) or
from institutions of higher education, or
both.
The system also receives information
on Federal Direct PLUS Loan
applicants, recipients, and endorsers
from consumer reporting agencies.
Information is also obtained from
other Federal, State, Tribal, and local
agencies, guaranty agencies, consumer
reporting agencies, educational
institutions, financial institutions,
servicers.
Information is also obtained about a
PSLF qualifying employer through
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DocuSign (a secure digital software used
by the Department to obtain and
document digital signatures). The
process through which the Department
obtains the information using DocuSign
is as follows:
(1) The aid recipient completes the
PSLF application via the ‘‘Helptool,’’
which includes the employer’s name
and email address;
(2) The Department sends the
information to DocuSign; and DocuSign
sends an email to the employer, which
includes a randomly generated code;
(3) If the employer does not opt out,
the employer logs in to DocuSign with
the randomly generated code to ensure
the employer is accessing the correct
recipient certification in DocuSign;
(4) The employer certifies the aid
recipient’s employment, provides the
employer’s authorizing official’s name,
title, email address, and phone number,
and electronically signs the PSLF
certification; and
DocuSign returns to the Department
the PSLF qualifying employer’s
information. Information is also
obtained from other Department
systems, including the following
systems, or their successor systems:
(a) The Student Aid Internet Gateway
(SAIG) (covered by the Department’s
Privacy Act of 1974, as amended
(Privacy Act) system of records notice
entitled ‘‘Student Aid Internet Gateway,
Participant Management System’’ (18–
11–10));
(b) The National Student Loan Data
System (NSLDS) (covered by the
Department’s Privacy Act of 1974, as
amended (Privacy Act) system of
records notice entitled ‘‘National
Student Loan Data System’’ (18–11–06));
(c) The Financial Management System
(FMS) (covered by the Department’s
Privacy Act system of records notice
entitled ‘‘Financial Management System
(FMS)’’ (18–11–17));
(d) The Postsecondary Education
Participants System (PEPS) (covered by
the Department’s Privacy Act system of
records notice entitled ‘‘Postsecondary
Education Participants System (PEPS)’’
(18–11–09));
(e) The Common Services for
Borrowers (CSB) system (covered by the
Department’s Privacy Act system of
records notice entitled ‘‘Common
Services for Borrowers (CSB)’’ (18–11–
16);
(f) The Federal Tax Information
Module (FTIM) (covered by the
Department’s Privacy Act system of
records notice entitled ‘‘FUTURE Act
System (FAS)’’ (18–11–23));
(g) The Person Authentication Service
(PAS) (covered by the Department’s
Privacy Act system of records notice
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entitled ‘‘Person Authentication Service
(PAS)’’ (18–11–12)); and
(h) The FAFSA Processing System
(covered by the Department’s Privacy
Act system of records notice entitled
‘‘Aid Awareness and Application
Processing (AAAP’’) (18–11–21)).
The system may also obtain
information from other persons or
entities from which data is obtained
following a disclosure under the 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
without the consent of the individual if
the disclosure is compatible with the
purposes for which the record was
collected. The Department may make
these disclosures on a case-by-case basis
or, if the Department has complied with
the computer matching requirements of
the Privacy Act, under a computer
matching agreement.
(1) Program Disclosures. The
Department may disclose records from
the system of records for the following
program purposes:
(a) To assist with the determination of
program eligibility and benefits, the
Department may disclose records to
institutions of higher education,
financial institutions, third-party
servicers, and Federal, State, Tribal, or
local agencies;
(b) To maintain data that supports the
existence of a legal obligation to repay
funds disbursed under title IV, HEA
programs, including documentation
such as promissory notes and other
agreements, the Department may
disclose records to institutions of higher
education, third-party servicers, and
Federal agencies;
(c) To identify whether an aid
recipient may have received title IV,
HEA program funds at more than one
institution of higher education for the
same enrollment period in violation of
title IV, HEA regulations, the
Department may disclose records to
institutions of higher education, thirdparty servicers, and Federal, State, or
local agencies;
(d) To identify whether an aid
recipient may have exceeded the award
limits under title IV, HEA program
funds in violation of title IV, HEA
regulations, the Department may
disclose records to institutions of higher
education, third-party servicers, and
Federal agencies;
(e) To enable institutions of higher
education to reconcile, on an aggregate
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and recipient-level basis, the amount of
title IV, HEA program funds that an
institution received with the
disbursements it made to, or on behalf
of, eligible students (including
reconciling verification codes,
reconciling the funds received with
disbursements made by type of funds
received, and making necessary
corrections and adjustments), the
Department may disclose records to
institutions of higher education, thirdparty servicers, and Federal, State, or
local agencies;
(f) To enable an institution of higher
education to request online credit
checks of aid applicants, aid recipients,
or endorsers as part of the process for
determining the eligibility of aid
applicants and recipients for a title IV,
HEA Federal Direct PLUS Loan,
disclosures may be made to institutions
of higher education, third-party
servicers, consumer reporting agencies,
and Federal agencies;
(g) To assist individuals, institutions
of higher education, third-party
servicers, or software vendors with
questions about title IV, HEA program
funds, disclosures may be made to
institutions of higher education,
software vendors, third-party servicers,
and Federal, State, or local agencies;
(h) To support the investigation of
possible fraud and abuse and to detect
and prevent fraud and abuse in title IV,
HEA program funds, disclosures may be
made to institutions of higher
education, third-party servicers, and
Federal, State, local, or Tribal agencies;
(i) To assist institutions of higher
education with student loan default
prevention, disclosures may be made to
institutions of higher education as to
whether an aid applicant or recipient
has completed required counseling in
the Direct Loan or TEACH Grant
programs;
(j) To assist the Department in
determining eligibility for a Federal
Direct PLUS Loan, disclosures may be
made to consumer reporting agencies;
(k) To help Federal, State, Tribal, and
local governmental 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
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
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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;
(l) To assist an eligible lender in
processing an aid recipient’s IDR plan,
the Department may disclose records,
including, but not limited to, the
calculated monthly payment amount
based on the IDR plan selected and
ADOIs, to eligible lenders.
(2) Congressional Member Disclosure.
The Department may disclose the
records of an individual to a member of
Congress or the member’s staff when
necessary to respond to an inquiry from
the member made at the written request
of that individual and on behalf of that
individual. The member’s right to the
information is no greater than the right
of the individual who requested it.
(3) Enforcement Disclosure. If
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 investigating or
prosecuting that violation or charged
with enforcing or implementing the
statute, regulation, or order issued
pursuant thereto.
(4) 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 judicial or
administrative litigation or ADR, the
Department may disclose certain
records from this system of records to
the parties described in paragraphs (b),
(c), and (d) of this routine use under the
conditions specified in those
paragraphs:
(i) The Department or any of its
components;
(ii) Any Department employee in his
or her official capacity;
(iii) Any Department employee in his
or her individual capacity if the U.S.
Department of Justice (DOJ) has been
requested to or has agreed to provide or
arrange for representation of the
employee;
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(iv) Any Department employee in his
or her individual capacity when the
Department has agreed to represent the
employee; and
(v) The United States when the
Department determines that the
litigation is likely to affect the
Department or any of its components.
(b) Disclosure to DOJ. If the
Department determines that disclosure
of certain records to DOJ is relevant and
necessary to judicial or administrative
litigation or ADR, the Department may
disclose those records as a routine use
to DOJ.
(c) Adjudicative Disclosure. If the
Department determines that it is
relevant and necessary to judicial or
administrative litigation or ADR to
disclose certain records from this
system of records to an adjudicative
body before which the Department is
authorized to appear or to a person or
an entity designated by the Department
or otherwise empowered to resolve or
mediate disputes, the Department may
disclose those records as a routine use
to the adjudicative body, person, or
entity.
(d) Disclosure to Parties, Counsel,
Representatives, and Witnesses. If the
Department determines that disclosure
of certain records to a party, counsel,
representative, or witness 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.
(5) Employment, Benefit, and
Contracting Disclosure.
(a) For Decisions by the Department.
The Department may disclose
information from this system of records
to a Federal, State, or local agency, or
to another public authority or
professional organization, maintaining
civil, criminal, or other relevant
enforcement or other pertinent records,
if necessary to obtain information
relevant to a Department decision
concerning the hiring or retention of an
employee or other personnel action; the
issuance of a security clearance; the
letting of a contract; or the issuance of
a license, grant, or other benefit.
(b) For Decisions by Other Public
Agencies or their Agents and
Contractors, Professional Organizations,
or the Department’s Contractors. The
Department may disclose records to a
Federal, State, local, or other public
agency or an agent or contractor of such
a public agency, professional
organization, or the Department’s
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
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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.
(6) 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 the record in the course of
investigation, fact-finding, or
adjudication to any party to the
grievance, complaint, or action; to the
party’s counsel or representative; to a
witness; or to a designated fact-finder,
mediator, or other person designated to
resolve issues or decide the matter. The
disclosure may only be made during the
course of investigation, fact- finding, or
adjudication.
(7) Labor Organization Disclosure.
The Department may disclose a record
to an arbitrator to resolve disputes
under a negotiated grievance procedure
or to officials of a labor organization
recognized under 5 U.S.C. chapter 71
when relevant and necessary to their
duties of exclusive representation.
(8) Freedom of Information Act
(FOIA) and Privacy Act Advice
Disclosure. The Department may
disclose records to the DOJ or the Office
of Management and Budget (OMB) if the
Department concludes that disclosure is
desirable or necessary in determining
whether particular records are required
to be disclosed under the FOIA or the
Privacy Act.
(9) Disclosure to the DOJ. The
Department may disclose records to 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.
(10) Contract Disclosure. If the
Department contracts with an entity to
perform any function that requires
disclosure of records in this system to
employees of the contractor, 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.
(11) Research Disclosure. The
Department may disclose records to a
researcher if the Department determines
that the individual or organization to
which the disclosure would be made is
qualified to carry out specific research
related to the functions or purposes of
this system of records. The Department
may disclose records from this system of
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records to that researcher solely for the
purpose of carrying out that research
related to the functions or purposes of
this system of records. The researcher
shall be required to agree to establish
and maintain safeguards to protect the
security and confidentiality of the
disclosed records.
(12) Disclosure to OMB and the
Congressional Budget Office (CBO) for
Federal Credit Reform Act (CRA)
Support. The Department may disclose
records to OMB and CBO as necessary
to fulfill CRA requirements in
accordance with 2 U.S.C. 661b.
(13) Disclosure in the Course of
Responding to a Breach of Data. The
Department may disclose records from
this system of records to appropriate
agencies, entities, and persons when (a)
the Department suspects or has
confirmed that 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.
(14) 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.
(15) 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 to a consumer reporting agency
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Frm 00077
Fmt 4703
Sfmt 4703
the following information 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 section
under 5 U.S.C. 552a(b)(12) and the
procedures contained in 31 U.S.C.
3711(e). A consumer reporting agency to
which these disclosures may be made is
defined at 15 U.S.C. 1681a(f) and 31
U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The Department electronically
maintains, for the entire Federal Student
Aid lifecycle from application through
loan payoff, student and applicant
demographic, and title IV, HEA aid data
such as, but not limited to, FFEL
program, FISL program, and Perkins
loan records, on hard disk at the AWS
Government Cloud in Seattle,
Washington. The Department maintains
electronic master promissory notes,
electronic Special Direct Consolidation
Loan opportunity applications and
promissory notes, paper or electronic
requests to repay or a recertification a
Direct Loan or Department-held Perkins
or FFEL under an IDR plan, and Federal
Direct Consolidation Loan applications,
ADOIs, and promissory notes on hard
disk at the AWS Government Cloud in
Seattle, Washington. Paper Direct Loan
promissory notes and endorser
addendums are maintained in locked
vaults in ASM Research in Niagara
Falls, New York, and at the NARAoperated Atlanta Federal Records Center
near Atlanta, Georgia. Data obtained
from the paper promissory notes are
maintained on hard disks at the AWS
Government Cloud in Seattle,
Washington. This data is referred to as
metadata and is used by the system to
link promissory notes to aid recipient
data. The Department also creates and
maintains electronic images of the paper
promissory notes at the ASM Research
facility in Niagara Falls, New York. For
information on the maintenance of other
documents, see the section entitled
‘‘SYSTEM LOCATION.’’
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records in the COD System are
retrieved by the individual’s SSN or
name, BD case number, or by the
institution’s OPEID.
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POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
All records are retained and disposed
of in accordance with Department
Records Schedule 072: FSA
Application, Origination, and
Disbursement Records (DAA–0441–
2013–0002) (ED 072). ED 072 is being
amended, pending approval by NARA.
Records will not be destroyed until
NARA-approved amendments to ED 072
are in effect, as applicable.
ddrumheller on DSK120RN23PROD with NOTICES1
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Physical access to the sites of the
Department’s contractors, where this
system of records is maintained, is
controlled and monitored by security
personnel who check each individual
entering the buildings for their
employee or visitor badge.
In accordance with the Department’s
Administrative Communications System
Directive ACSD–OFO–013 entitled
‘‘Contractor Employee Personnel
Security Screenings,’’ all contract and
Department personnel who have facility
access and system access must undergo
a security clearance investigation.
Individuals requiring access to Privacy
Act data are required to hold, at a
minimum, a moderate-risk security
clearance level. These individuals are
required to undergo periodic screening
at five-year intervals.
In addition to undergoing security
clearances, contract and Department
employees are required to complete
security awareness training on an
annual basis. Annual security awareness
training is required to ensure that
contract and Department users are
appropriately trained in safeguarding
Privacy Act data.
The computer system employed by
the Department offers a high degree of
resistance to tampering and
circumvention. This security system
limits data access to Department and
contract staff on a ‘‘need-to-know’’ basis
and controls individual users’ ability to
access and alter records within the
system. All users of this system of
records are given unique user
identification. The Department’s FSA
Information Security and Privacy Policy
requires the enforcement of a complex
password policy. In addition to the
enforcement of the complex password
policy, users are required to change
their password at least every 90 days in
accordance with the Department’s
information technology standards.
In accordance with the Federal
Information Security Management Act
of 2002 (FISMA), as amended by the
Federal Information Security
Modernization Act of 2014, every
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Department system must receive a
signed Authorization to Operate (ATO)
from a designated Department official.
The ATO process includes a rigorous
assessment of security and privacy
controls, a plan of actions and
milestones to remediate any identified
deficiencies, and a continuous
monitoring program.
Security and privacy 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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
RECORD ACCESS PROCEDURES:
DEPARTMENT OF EDUCATION
If you wish to gain access to a record
in this system, contact the system
manager at the address listed above.
You must provide necessary particulars
of your name, DOB, SSN, 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
in 34 CFR 5b.5.
[Docket No.: ED–2023–SCC–0114]
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of
your personal record within the system
of records, contact the system manager
at the address listed above and provide
your name, DOB, and SSN. Identify the
specific items to be changed and
provide a written justification for the
change.
Requests to amend a record must meet
the requirements in 34 CFR 5b.7.
NOTIFICATION PROCEDURES:
If you wish to determine whether a
record exists regarding you in the
system of records, contact the system
manager at the address listed above.
You must provide necessary particulars
such as your name, DOB, SSN, and any
other identifying information requested
by the Department while processing the
request to distinguish between
individuals with the same name.
Requests must meet the requirements in
34 CFR 5b.5.
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Fmt 4703
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None.
HISTORY:
The system of records entitled
‘‘Common Origination and
Disbursement (COD) System’’ (18–11–
02) was last modified and published in
full in the Federal Register on
September 13, 2022 (87 FR 56015–
56025). Prior to this, the Department
modified and published in full this
system of records notice in the Federal
Register on August 16, 2019 (84 FR
41979–41987). The Department
renamed its previous system of records
entitled, ‘‘Recipient Financial
Management System’’ (RFMS) (18–11–
02), as the ‘‘Common Origination and
Disbursement (COD) System’’ (18–11–
02), on September 27, 2010 (75 FR
59242–59246). The Department
previously published the RFMS system
of records notice on June 4, 1999 (64 FR
30106, 30161–30162).
[FR Doc. 2023–13698 Filed 6–27–23; 8:45 am]
BILLING CODE 4000–01–P
Agency Information Collection
Activities; Comment Request;
Evaluation of the Professional
Learning Resources of the REL NW
Toolkit for Using Technology To
Support Postsecondary Student
Learning
Institute of Education Sciences
(IES), Department of Education (ED).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act (PRA) of
1995, the Department is proposing a
new information collection request
(ICR).
SUMMARY:
Interested persons are invited to
submit comments on or before August
28, 2023.
ADDRESSES: To access and review all the
documents related to the information
collection listed in this notice, please
use https://www.regulations.gov by
searching the Docket ID number ED–
2023–SCC–0114. Comments submitted
in response to this notice should be
submitted electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov by selecting the
Docket ID number or via postal mail,
commercial delivery, or hand delivery.
If the regulations.gov site is not
available to the public for any reason,
the Department will temporarily accept
comments at ICDocketMgr@ed.gov.
DATES:
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Agencies
[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41942-41951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13698]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
[Docket ID ED-2023-FSA-0076]
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 U.S. Department of Education (Department) publishes
this notice of a modified system of records entitled ``Common
Origination and Disbursement (COD) System'' (18-11-02). The information
contained in this system is maintained for various purposes relating to
aid applicants and recipients including determining their eligibility
for Federal student financial assistance under the programs authorized
by title IV of the Higher Education Act of 1965, as amended (HEA);
institutions of higher education participating in and administering
title IV, HEA programs; and the Department's oversight of title IV, HEA
programs.
DATES: Submit your comments on this modified system of records notice
on or before July 28, 2023.
This modified system of records notice will become applicable upon
publication in the Federal Register on June 28, 2023, except for the
new routine use (1)(l) that is outlined in the section entitled
``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING
CATEGORIES OF USERS AND PURPOSES OF SUCH USES,'' which will be
effective on July 28, 2023, unless it needs 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: Comments must be submitted via the Federal eRulemaking
Portal at regulations.gov. However, if you require an accommodation or
cannot otherwise submit your comments via regulations.gov, please
contact the program contact person listed under FOR FURTHER INFORMATION
CONTACT. The Department will not accept comments submitted by fax or by
email, or comments submitted after the comment period closes. To ensure
that the Department does not receive
[[Page 41943]]
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
``FAQ'' tab.
Privacy Note: The Department's policy is to make 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: Shannon Mahan, Acting Director,
Program Delivery Services Group, Union Center Plaza, room 64E1, 830
First Street NE, Washington, DC 20202-5454. Telephone: 202-377-3019.
Email: [email protected].
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:
In accordance with the Privacy Act, the Department proposes to
modify the system of records notice entitled, ``Common Origination and
Disbursement (COD) System'' (18-11-02), which was last published in
full in the Federal Register on September 13, 2022 (87 FR 56015).
The Department is modifying this system of records by making a
global change to delete and replace ``store'' or ``stored'' with
``maintain'' or ``maintained'', as applicable, to better align with the
terminology used in the Privacy Act.
The Department is modifying the section entitled ``SYSTEM
LOCATION'' as follows:
(i) To update the description of the Amazon Web Services (AWS) from
a ``computer'' to ``hosting'' center to better align with industry
terminology; and
(ii) To update the address of ASM Research from Niagara Falls, NY,
to Fairfax, VA.
The Department is modifying the section entitled ``AUTHORITY FOR
THE MAINTENANCE OF THE SYSTEM'' to add ``the FAFSA Simplification Act
(Title VII, Division FF of Pub. L. 116-260) (including, but not limited
to the following Sections of the FAFSA Simplification Act: Subsection
702(m), which amends Section 483 of the HEA, and Section 703 that
amends Section 401 of the HEA), and the FAFSA Simplification Act
Technical Corrections Act (Division R of the Consolidated
Appropriations Act, 2022 (Pub. L. 117-103))'' to improve the financial
aid application experience and expand title IV, HEA eligibility.
The Department is modifying the section entitled ``PURPOSE(S) OF
THE SYSTEM'' relating to aid applicants and recipients under title IV
of the HEA as follows:
(i) The list of data and documentation maintained in the COD System
set forth in purpose (2) is expanded to include alternative
documentation of income (ADOI), as an alternative to Federal Tax
Information (FTI), used to support the calculation of a monthly payment
amount for Income-Driven Repayment (IDR) plans;
(ii) Purpose (7) is updated to identify an aid recipient who
applies to repay or recertifies their eligibility to repay, an eligible
lender-held Federal Family Education Loan (FFEL);
(iii) New purpose (13) is added to identify an aid recipient who
received a Federal Supplemental Education Opportunity Grant (FSEOG) or
who earned money under the Federal Work-Study (FWS) program for use in
the calculation of the Student Aid Index (SAI) and to assist with
expenditure reporting on the Fiscal Operations Report and Application
to Participate (FISAP);
(v) New purpose (14) is added to enable an aid recipient to
complete a Public Service Loan Forgiveness (PSLF) application using the
``PSLF Help Tool'' and to maintain the aid recipient's PSLF qualifying
employer's information including, but not limited to, authorizing
official's name, title, phone number, email address, and digital
signature (including time and date stamp); and
(vi) New purpose (15) is added to identify whether an aid recipient
(and where applicable the spouse), who is applying for or recertifies
eligibility for an IDR plan has or has not provided consent/affirmative
approval both to redisclose Federal Tax Information (FTI) of such
individuals pursuant to clauses (iii), (iv), (v), and (vi) of section
6103(l)(13)(D) of the Internal Revenue Code (IRC) of 1986 and under
subsection 494(a) of the HEA (20 U.S.C. 1098h(a)) for the purpose of
determining eligibility for, or repayment obligations under, IDR plans
under title IV of the HEA with respect to loans under part D of the HEA
(the Direct Loan program), and redisclosure of FTI under IRC Sec.
6103(l)(13)(A) and (C).
The Department is modifying the section entitled ``PURPOSE(S) OF
THE SYSTEM'' relating to institutions of higher education (also
referred to herein as ``educational institutions'') participating in
and administering title IV, HEA programs by adding new purpose (7) to
allow an institution of higher education to report an aid recipient's
receipt of a FSEOG or earnings under the FWS program, which will be
used in the SAI calculation and to assist with expenditure reporting on
the FISAP.
The Department is modifying the section entitled ``PURPOSE(S) OF
THE SYSTEM'' relating to the Department's administration and oversight
of title IV, HEA programs as follows:
(i) Purpose (9) is being updated to include the implementation and
evaluation of education policies in relation to title IV, HEA programs
to better clarify the purpose;
New purpose (12) is being added to assist eligible lenders in
processing IDR plan requests for eligible aid recipients by providing
the calculated monthly payment amounts. The Department is modifying the
section entitled ``CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM'' as
follows:
(i) The FWS and the FSEOG Programs are added as new categories (10)
and (11), respectively;
(ii) The last phrase in the last paragraph is relocated, with some
modifications, to the ``CATEGORIES OF RECORDS IN THE SYSTEM'' to better
describe the cohort default rates described therein are categories of
records, not individuals, in the system; and
(iii) A new last paragraph is added to include a PSLF qualifying
employer's authorizing official who has certified an aid recipient's
employment.
The Department is modifying the section entitled ``CATEGORIES OF
RECORDS IN THE SYSTEM'' as follows:
(i) The Department is adding a new note that explains that the FTI
the Department will directly obtain from the Internal Revenue Service
(IRS) under the Fostering Undergraduate Talent by
[[Page 41944]]
Unlocking Resources for Education (FUTURE) Act will not be maintained
in this system of records but in a separate system of records, which
will be covered by a system of records notice entitled ``FUTURE Act
System (FAS)'' (18-11-23) that the Department will publish in the
Federal Register;
(ii) Category (2) is modified to include the incarcerated student
indicator flag and the consent/affirmative approval both to redisclose
Federal Tax Information (FTI) of such individuals pursuant to clauses
(iii), (iv), (v), and (vi) of section 6103(l)(13)(D) of the Internal
Revenue Code (IRC) of 1986 and for disclosure under section 494(a) of
the HEA (20 U.S.C. 1098h(a)) to determine eligibility for, or repayment
obligations under, IDR plans pursuant to subsection 494(a) of the HEA
(20 U.S.C. 1098h(a));
(iii) Category (4) is modified to include FSEOGs, approved Prison
Education programs (PEPs) (the FAFSA Simplification Act allows for
expanding access to Federal Pell Grants to include Federal and State
penal facilities' approved PEPs), and information about the FWS
program, including the amount of FWS amounts and category/type of FWS
employment;
(iv) Category (9) is modified to include records related to a
request by an applicant for a Federal Direct PLUS Loan for a credit
appeal including credit check details, adverse credit history, credit
bureau information, and the appeal decision;
(v) Category (10) is modified to include paper or electronic
requests to repay, ``annual recertification of eligibility for'',
``ADOI'', and ``IDR monthly payment amount based on the plan selection
(as applicable)'' to expand the category of records collected;
(vi) New category (15) is being added to include information
provided and generated through customer interactions with contact
center support via inbound and outbound channels (phone, chat, webform,
email, customer satisfaction survey, fax, physical mail, and digital
engagement platforms). Information includes, but is not limited to:
chat transcripts, email communications, audio recordings of customer
calls, and screen recordings of contact center desktop support during
customer interactions;
(vii) New category (16) is being added to include borrower defense
(BD) information including an uniquely generated internal system case
ID, a uniquely generated BD case number for Department, educational
institution and student tracking, Office of Postsecondary Education
Identification Number (OPEID), and the applicable regulatory year and
provision (i.e., 1995, 2016, or 2020) under which the BD case is being
processed; and
(viii) The Department is adding two new paragraphs at the end of
the section to explain that the system also contains an aid recipient's
PSLF qualifying employer's information (including, but not limited to,
authorizing official's name, title, phone number, email address, and
digital signature (including time and date stamp)) and NSLDS cohort
default rates calculated by the National Student Loan Data system from
guaranty agency-reported and Federal Loan Servicer-reported data at the
institution level.
The Department is modifying the section ``RECORD SOURCE
CATEGORIES'' as follows:
(i) A new fourth paragraph is added to explain the process by which
the Department obtains the PSLF qualifying employer's information
including, but not limited to, authorizing official name, title, phone
number, email address, and digital signature (including time and date
stamp), through DocuSign (a secure digital software used by the
Department to obtain and document digital signatures) as a service for
the aid recipient and the aid recipient's PSLF qualifying employer for
the purpose of processing the aid recipient's PSLF application; and
(ii) In the fifth paragraph, category (1) is updated from the
Central Processing System (CPS) (covered by the Department's Privacy
Act system of records notice entitled ``Federal Student Aid Application
File'' (18-11-01)) to the Student Aid internet Gateway (SAIG) (covered
by the Department's Privacy Act system of records notice entitled
``Student Aid internet Gateway (SAIG), Participation Management
System'' (18-11-10)); category (5), covering the Customer Engagement
Management System (CEMS) (covered by the Department's Privacy Act
system of records notice entitled ``Customer Engagement Management
System (CEMS)'' (18-11-11)), is deleted; new category (6) is added to
include the Federal Tax Information Module (FTIM) (covered by the
Department's Privacy Act system of records notice entitled ``FUTURE Act
System (FAS)'' (18-11-23)); new category (7) is added to include the
Person Authentication Service (PAS) (covered by the Department's
Privacy Act system of records notice entitled ``Person Authentication
Service (PAS)'' (18-11-12)); and new category (8) is added to include
the FAFSA Processing System (covered by the Department's Privacy Act
system of records notice entitled ``Aid Awareness and Application
Processing'' (AAAP) (18-11-21)).
The Department is modifying the section entitled ``ROUTINE USES OF
RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES'' to add new routine use (1)(l) to enable the
Department to disclose records including, but not limited to, monthly
payment amounts and ADOIs, to eligible lenders to assist such lenders
in processing an aid recipient's IDR plan. The Department is modifying
the section entitled ``POLICIES AND PRACTICES FOR STORAGE OF RECORDS''
to indicate that the Department maintains Alternative Documentation Of
Income (ADOI) and to include paper or electronic requests to repay for
Direct Loan or Department-held Perkins or FFEL.
The Department is modifying the section entitled ``POLICIES AND
PRACTICES FOR RETRIEVAL OF RECORDS'' to include the BD case number as a
why to access a record.
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
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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 (FSA) of the U.S. Department of Education
(Department) publishes a modified system of records notice to read as
follows:
[[Page 41945]]
SYSTEM NAME AND NUMBER:
Common Origination and Disbursement (COD) System (18-11-02).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Program Management Services, Federal Student Aid (FSA), Union
Center Plaza (UCP), Room 64E1, 830 First St. NE, Washington, DC 20202-
5454.
Amazon Web Services (AWS) Government Cloud, 1200 12th Ave., Suite
1200, Seattle, WA 98114. (This is the Hosting Center for the COD
application, where all electronic COD information is processed and
maintained.)
Accenture, 22451 Shaw Rd., Sterling, VA 20166-4319. (The COD
Sterling Cloud-based operations is located here.)
Accenture DC, 820 First St. NE, Washington, DC 20202-4227. (This is
the COD operations center.)
Accenture Federal Services, 10931 Laureate Dr., San Antonio, TX
78249. (This is the COD support center.)
Atlanta Federal Records Center, National Archives and Records
Administration (NARA), 4712 Southpark Blvd., Ellenwood, GA 30294. (This
is where Direct Loan paper promissory notes (also referred to as master
promissory notes or MPNs)), Endorser Addenda, and Power of Attorney
documents are maintained.)
NTT Global Data Centers Americas (Raging Wire), 44664 Guilford Dr.,
Ashburn, VA 20147. (This is a datacenter for contact center technical
infrastructure.)
NTT Global Data Centers Americas (Raging Wire), 2008 Lookout Dr.,
Garland, TX 75044. (This is a datacenter for contact center technical
infrastructure.)
The following three listings are the locations of the COD Customer
Service Centers:
ASM Research, 4050 Legato Road, #1100, Fairfax, VA 22033. (This
center images and maintains all the Direct Loan paper MPNs and Endorser
Addenda);
Senture, LLC, 4255 W Highway 90, Monticello, KY 42633-3398; and
Veteran Call Center, 53 Knightsbridge Rd., Suite 216, Piscataway,
NJ 08854-3925.
SYSTEM MANAGER(S):
Director, COD System, Program Delivery Services Group, Federal
Student Aid (FSA), U.S. Department of Education (Department), Union
Center Plaza (UCP), Room 64E1, 830 First Street NE, Washington, DC
20202-5454.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The authority under which the system is maintained is title IV of
the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1070 et
seq.), the Higher Education Relief Opportunities for Students Act of
2003 (20 U.S.C. 1098(b) (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 FAFSA Simplification Act (Title VII, Division
FF of Pub. L. 116-260) (including but not limited to the following
sections of the FAFSA Simplification Act: subsection 702(m), which
amends section 483 of the HEA, and section 703, which amends section
401 of the HEA), and the FAFSA Simplification Act Technical Corrections
Act (Division R of the Consolidated Appropriations Act, 2022 (Pub. L.
117-103)).
PURPOSE(S) OF THE SYSTEM:
The information contained in this system is maintained for the
following purposes related to aid applicants and recipients 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 aid applicants' and recipients' eligibility for
and benefits under title IV, HEA programs, including, but not limited
to, receiving a loan, grant, or scholarship, and obtaining discharge of
eligible loans under title IV of the HEA;
(2) To maintain data and documentation, including, but not limited
to, promissory notes and other agreements that evidence the existence
of a legal obligation to repay funds disbursed under title IV, HEA
programs and alternative documentation of income (ADOI) used to support
the calculation of a monthly payment amount IDR plans;
(3) To identify whether an aid recipient may have received title
IV, HEA program funds at more than one educational institution for the
same enrollment period in violation of title IV, HEA program
regulations;
(4) To identify whether an aid recipient may have exceeded title
IV, HEA program fund award limits in violation of title IV, HEA program
regulations;
(5) To identify an aid applicant or recipient who completed an
electronic Direct Consolidation Loan Application and promissory note or
a Special Direct Consolidation Loan application and promissory note;
(6) To identify an aid applicant or recipient who completed
entrance and exit counseling in the Direct Loan or Teacher Education
Assistance for College and Higher Education (TEACH) Grant programs;
(7) To identify an aid recipient who apply to repay, or recertifies
their eligibility to repay, a Direct Loan, a Department-held Perkins
loan, a Department- or an eligible lender-held Federal Family Education
Loan (FFEL) Program loan under an IDR plan;
(8) To track student enrollments by educational program for
purposes of determining educational program outcomes, including using
that information to obtain average earnings of students by educational
program from another Federal agency;
(9) To maintain a qualifying employer database to allow aid
recipients who apply for Public Service Loan Forgiveness (PSLF),
Temporary Expanded Public Service Loan Forgiveness (TEPSLF), or the
limited PSLF waiver to search for and select their PSLF qualifying
employer;
(10) 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, and to investigate, respond to, or
resolve aid applicant and recipient requests for assistance or relief
regarding title IV, HEA program funds;
(11) To enable an aid applicant, recipient, and, where applicable,
an endorser, to initiate online credit checks when they complete the
electronic Federal Direct PLUS Loan Application or an Endorser Addendum
(Note: If an applicant for a Federal Direct PLUS Loan is determined to
be ineligible for a loan because they have an adverse credit history,
they may still get a loan if they have a qualified endorser or complete
a credit appeal);
[[Page 41946]]
(12) To identify an aid recipient obligated to repay title IV, HEA
program funds pursuant to various maintained data and documentation
such as promissory notes, applications, and agreements;
(13) To identify an aid recipient who received a Federal
Supplemental Education Opportunity Grant (FSEOG) or who earned money
under the Federal Work-Study (FWS) program for use in the calculation
of the Student Aid Index (SAI) and to assist with expenditure reporting
on the Fiscal Operations Report and Application to Participate (FISAP);
(14) To enable an aid recipient to complete a PSLF application
using the ``PSLF Help Tool'' and to maintain the aid recipient's PSLF
qualifying employer's information including, but not limited to,
authorizing official's name, title, phone number, email address, and
digital signature (including time and date stamp); and
(15) To identify whether an aid recipient (and where applicable the
spouse) who is applying or recertifies eligibility for an IDR plan has
or has not provided consent/affirmative approval both to redisclose
Federal Tax Information (FTI) of such individuals pursuant to clauses
(iii), (iv), (v), and (vi) of section 6103(l)(13)(D) of the Internal
Revenue Code (IRC) of 1986 and under subsection 494 (a) of the HEA (20
U.S.C. 1098h(a)) for the purpose of determining eligibility for, or
repayment obligations under, IDR plans under title IV of the HEA with
respect to loans under part D of the HEA (the Direct Loan Program), and
redisclosure of FTI under IRC Sec. 6103(l)(13)(A) and (C).
The information in this system is also maintained for the following
purposes relating to institutions of higher education (also referred to
herein as ``educational institutions'') participating in and
administering title IV, HEA programs:
(1) To enable an institution of higher education to reconcile, on
an aggregate and recipient-level basis, the amount of title IV, HEA
program funds that an institution received for disbursements it made
to, or on behalf of, eligible students (including reconciling
verification codes, reconciling the funds received with disbursements
made by type of funds received, and making necessary adjustments);
(2) To enable an institution of higher education to request online
credit checks on an aid applicant, recipient, or endorser in connection
with the determination of the aid applicant's eligibility for a title
IV, HEA Federal Direct PLUS Loan;
(3) To assist an institution of higher education, a software
vendor, or a third-party servicer with questions about title IV, HEA
program funds;
(4) To assist an institution of higher education with student loan
default prevention;
(5) To reconcile an institution of higher education's cash
drawdowns from the U.S. Department of the Treasury with its reported
disbursements and to ensure that the institution of higher education
receives the appropriate amount of funds during the respective time
period;
(6) To collect Campus-Based expenditure information for the
previous award year and the ability to apply for Campus-Based program
funds using the FISAP;
(7) To enable an institution of higher education to report an aid
recipient's receipt of a FSEOG or earnings under the FWS program, which
will be used in the SAI calculation and to assist with expenditure
reporting on the FISAP.
The information in this system is also maintained for the following
purposes relating to the Department's administration and oversight of
title IV, HEA programs:
(1) To support the investigation of possible fraud and abuse and to
detect and prevent fraud and abuse in title IV, HEA programs;
(2) To confirm that an institution of higher education, or a
program offered by an institution of higher education, is eligible to
receive title IV, HEA program funds, and to limit student aid
eligibility for ineligible institutions or programs accordingly;
(3) To set and adjust program funding authorization levels for each
institution;
(4) To enforce institutional compliance with Department reporting
deadlines;
(5) To apply appropriate title IV, HEA funding controls;
(6) To ensure that Federal, State, local, and Tribal statutory,
regulatory, contractual, and program requirements are met by
educational and financial institutions, and the Department's
contractors including Federal Loan Servicers and the Federal Perkins
Loan Servicer;
(7) To help governmental entities at the Federal, State, Tribal,
and local levels to 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); to investigate, respond to, or resolve complaints
regarding the practices or processes of the Department and/or the
Department's contractors; and to update information or correct errors
contained in Department records regarding title IV, HEA program funds;
(8) To provide reporting capabilities for educational institutions,
guaranty agencies, lenders, Department contractors including Federal
Loan Servicers, and the Federal Perkins Loan Servicer for use in title
IV, HEA administrative functions, and for use by the Department or
Federal, State, Tribal, or local agencies for oversight and compliance;
(9) To support research, analysis, and development, and the
implementation and evaluation of educational policies in relation to
title IV, HEA programs;
(10) To support the Department in detecting and mitigating improper
payments in title IV, HEA programs;
(11) To conduct testing, analysis, or take other administrative
actions needed to prepare for or execute programs under title IV of the
HEA; and
(12) To assist eligible lenders in processing IDR plan requests for
eligible aid recipients by providing the calculated monthly payment
amounts.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records of aid applicants, aid applicants'
parents, spouses of aid applicants, and where applicable, endorsers,
who apply for title IV, HEA programs including, but not limited to,
the:
(1) Federal Pell Grant Program;
(2) Federal Perkins Loans Program;
(3) Academic Competitiveness Grant (ACG) Program;
(4) National Science and Mathematics Access to Retain Talent
(National SMART) Grant Program;
(5) TEACH Grant Program;
(6) Iraq and Afghanistan Service Grant (IASG) Program;
(7) Direct Loan Program, which includes Federal Direct Stafford/
Ford Loans, Federal Direct Unsubsidized Stafford/Ford Loans, Federal
Direct PLUS Loans, and Federal Direct Consolidation Loans;
(8) FFEL Program;
(9) Federal Insured Student Loan (FISL) Program;
(10) FWS Program; and
(11) FSEOG Program.
The COD System also contains records of aid recipients under title
IV of the HEA, parents of dependent aid applicants or recipients and
the spouse of independent applicant or recipient. The COD System also
maintains records on a PSLF qualifying employer's authorizing official
who has certified an aid recipient's employment.
[[Page 41947]]
CATEGORIES OF RECORDS IN THE SYSTEM:
Note: The Federal Tax Information (FTI) that the Department will
obtain directly from the Internal Revenue Service (IRS) under the
Fostering Undergraduate Talent by Unlocking Resources for Education
(FUTURE) Act will be maintained in a separate system of records, which
will be covered by a system of records notice entitled ``FUTURE Act
System (FAS)'' (18-11-23) that the Department will publish in the
Federal Register.
Records in the COD System include, but are not limited to, the
following data about aid applicants and recipients, endorsers, aid
applicants' and recipients' parents, and spouses of aid applicants and
recipients who are part of an aid applicant's title IV, HEA aid
application or receive title IV, HEA aid:
(1) Identifier information, including name, Social Security number
(SSN), date of birth (DOB), mailing address, email address, driver's
license number, and telephone number;
(2) Aid applicant and recipient demographic information, including
demographic information of the aid applicant's and recipient's
parent(s) and aid applicant's and recipient's spouse (if applicable),
incarcerated student indicator flag, expected student enrollment, list
of participating title IV, HEA institutions of higher education
designated by the aid applicant to receive the Free Application For
Federal Student Aid (FAFSA[supreg]) form data along with residency
plans, and the financial profile of an aid applicant, an aid
applicant's parent(s), or an aid applicant's spouse, as reported and
calculated through the FAFSA form, and to also include processing
flags, indicators, rejections, and overrides; and the consent/
affirmative approval to disclose personally identifiable information to
the IRS and to obtain FTI in order to determine eligibility for, or
repayment obligations under, IDR plans pursuant to subsection 494 (a)
of the HEA (20 U.S.C. 1098h(a));
(3) Aid recipient's loan information including information about
Direct Loans, FFEL program loans, Perkins loans, and FISL program
loans. This includes information about the period from the origination
of the loan through final payment, and milestones, including, but not
limited to: discharge, consolidation, or other final disposition
including details such as loan amount, date of disbursement,
disbursement amounts, balances, loan status, repayment plan and related
information, collections, claims, deferments, forbearances, refunds,
and guaranty agencies, lender(s), holder(s), and servicer(s) of an aid
recipient's FFEL program loan(s);
(4) Information about Federal grant aid recipients, including
recipients of Pell Grants, ACG, National SMART Grants, TEACH Grants,
Iraq and Afghanistan Service Grants, and FSEOGs, including grant
amounts, grant awards, verification status, lifetime eligibility used
(LEU), IASG eligible veteran's dependent indicator, Children of Fallen
Heroes Scholarship eligibility indicator, Pell Grant additional
eligibility indicator, approved Prison Education programs (PEPs) (the
FAFSA Simplification Act allows for expanding access to Federal Pell
Grants to include Federal and State penal facilities' approved PEPS;
and information about the FWS program, including the amount of FWS
earnings and category/type of FWS employment;
(5) Pell Grant collection status indicator and overpayment
collection information;
(6) Promissory notes including promissory note identification
numbers, loan type, current servicer, principal balance, and the
accrued interest for Direct Loans, Federal Direct PLUS Loans, or
Department-held FFEL program loans;
(7) TEACH Agreements to Serve;
(8) Direct Loan Entrance Counseling forms, Federal Student Loan
Exit Counseling forms, Federal Direct PLUS Loan Counseling forms, the
Annual School Loan Acknowledgement (ASLA), Federal Direct PLUS Loan
Requests, endorser addendums, and counseling in the Direct Loan and
TEACH Grant programs, such as the date that the aid applicant completed
counseling;
(9) Credit report information for Federal Direct PLUS Loan
applicants, recipients, and endorsers and if applicable, documents
related to a Federal Direct PLUS Loan applicant's request for a credit
appeal including credit check details, adverse credit history, credit
bureau information, and applicant provided appeal support documentation
and the Department's appeal decision,
(10) Aid applicant, endorser, or spouse identifier information for
a paper or electronic request to repay or annual recertification of an
Direct Loan or Department-held Perkins or FFEL loans or annual
recertification of eligibility for, an IDR plan, such as SSN; the date
that the IDR plan application was completed; ADOI; IDR monthly payment
amount based on the plan selection (as applicable); and current loan
balances;
(11) Electronic Direct Consolidation Loan or Special Direct
Consolidation Loan aid recipient identifier information, such as the
aid recipient's SSN, the date that the aid recipient completed the
Federal Direct Consolidation Loan application and promissory note, and
current loan balances;
(12) Information concerning the date of any default on a loan;
(13) Demographic and contact information for aid recipient accounts
that the Department places with the Federal Loan Servicer(s) for
collection of the aid recipient's title IV, HEA loans;
(14) Information obtained pursuant to matching programs or other
information exchanges with Federal and State agencies, and other
external entities, to assist in identifying aid recipients who may be
eligible for benefits related to their title IV, HEA loans or other
title IV, HEA obligations, including, but not limited to, Total and
Permanent Disability discharges, loan deferments, interest rate
reductions, PSLF, and other Federal and State loan repayment, discharge
benefits, or for the purpose of recouping payments or delinquent debts
under title IV, HEA programs;
(15) Information provided and generated through customer
interactions with contact center support via inbound and outbound
channels (phone, chat, webform, email, customer satisfaction survey,
fax, physical mail, and digital engagement platforms). Information
includes, but is not limited to: chat transcripts, email
communications, audio recordings of customer calls, and screen
recordings of contact center desktop support during customer
interactions; and
(16) Borrower defense (BD) information including a uniquely
generated internal system case ID, a uniquely generated BD case number
for Department, educational institution and student tracking, Office of
Postsecondary Education Identification Number (OPEID), and the
applicable regulatory year and provisions (i.e., 1995, 2016, or 2020)
under which the BD case is being processed.
The system also contains the following data about students provided
by institutions of higher education that participate in an experiment
under the Experimental Sites Initiative: award year, experiment number,
OPEID, student SSN, student last name, and any data collection
instrument elements authorized under the Information Collection Request
associated with each experiment.
The system also contains records from 2014-2021 on the level of
study, Classification of Instructional Program code (field of study),
and published length of an educational program in which a student
receiving title IV, HEA
[[Page 41948]]
Federal student aid was enrolled to limit their 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 an aid recipient who enrolled after reaching the 150
percent limit would have been responsible for the accruing interest on
outstanding Direct Subsidized Loans.
The system also contains an aid recipient's PSLF qualifying
employer's information including, but not limited to, authorizing
official's name, title, phone number, email address, and digital
signature (including time and date stamp).
Finally, the system maintains cohort default rates (CDRs)
calculated by the National Student Loan Data System (NSLDS) from
guaranty agency-reported and Federal Loan Servicer-reported data at the
institution level.
RECORD SOURCE CATEGORIES:
This system includes records obtained from aid applicants and
recipients, aid applicants' and recipients' parents, and spouses of aid
applicants and recipients who are part of an applicant's or recipient's
title IV, HEA aid application, or who have received title IV, HEA
program assistance. These records include information provided by
applicants for and recipients of title IV, HEA program assistance, via,
for example, Federal Direct Consolidation Loan or Special Direct Loan
Consolidation application forms and promissory notes, the parents of
dependent aid applicants and recipients, and the spouses of aid
applicants and recipients who request to repay a Direct Loan, or
recertifies their eligibility for, an IDR plan.
This system also includes Federal grant and Direct Loan origination
and disbursement records provided to the Department by institutions of
higher education or their agents. The system also receives completion
information for Direct Loan and TEACH Grant program counseling through
Studentaid.gov (the student-facing portion of the website) or from
institutions of higher education, or both.
The system also receives information on Federal Direct PLUS Loan
applicants, recipients, and endorsers from consumer reporting agencies.
Information is also obtained from other Federal, State, Tribal, and
local agencies, guaranty agencies, consumer reporting agencies,
educational institutions, financial institutions, servicers.
Information is also obtained about a PSLF qualifying employer
through DocuSign (a secure digital software used by the Department to
obtain and document digital signatures). The process through which the
Department obtains the information using DocuSign is as follows:
(1) The aid recipient completes the PSLF application via the
``Helptool,'' which includes the employer's name and email address;
(2) The Department sends the information to DocuSign; and DocuSign
sends an email to the employer, which includes a randomly generated
code;
(3) If the employer does not opt out, the employer logs in to
DocuSign with the randomly generated code to ensure the employer is
accessing the correct recipient certification in DocuSign;
(4) The employer certifies the aid recipient's employment, provides
the employer's authorizing official's name, title, email address, and
phone number, and electronically signs the PSLF certification; and
DocuSign returns to the Department the PSLF qualifying employer's
information. Information is also obtained from other Department
systems, including the following systems, or their successor systems:
(a) The Student Aid Internet Gateway (SAIG) (covered by the
Department's Privacy Act of 1974, as amended (Privacy Act) system of
records notice entitled ``Student Aid Internet Gateway, Participant
Management System'' (18-11-10));
(b) The National Student Loan Data System (NSLDS) (covered by the
Department's Privacy Act of 1974, as amended (Privacy Act) system of
records notice entitled ``National Student Loan Data System'' (18-11-
06));
(c) The Financial Management System (FMS) (covered by the
Department's Privacy Act system of records notice entitled ``Financial
Management System (FMS)'' (18-11-17));
(d) The Postsecondary Education Participants System (PEPS) (covered
by the Department's Privacy Act system of records notice entitled
``Postsecondary Education Participants System (PEPS)'' (18-11-09));
(e) The Common Services for Borrowers (CSB) system (covered by the
Department's Privacy Act system of records notice entitled ``Common
Services for Borrowers (CSB)'' (18-11-16);
(f) The Federal Tax Information Module (FTIM) (covered by the
Department's Privacy Act system of records notice entitled ``FUTURE Act
System (FAS)'' (18-11-23));
(g) The Person Authentication Service (PAS) (covered by the
Department's Privacy Act system of records notice entitled ``Person
Authentication Service (PAS)'' (18-11-12)); and
(h) The FAFSA Processing System (covered by the Department's
Privacy Act system of records notice entitled ``Aid Awareness and
Application Processing (AAAP'') (18-11-21)).
The system may also obtain information from other persons or
entities from which data is obtained following a disclosure under the
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 without the consent of the individual if the disclosure is
compatible with the purposes for which the record was collected. The
Department may make these disclosures on a case-by-case basis or, if
the Department has complied with the computer matching requirements of
the Privacy Act, under a computer matching agreement.
(1) Program Disclosures. The Department may disclose records from
the system of records for the following program purposes:
(a) To assist with the determination of program eligibility and
benefits, the Department may disclose records to institutions of higher
education, financial institutions, third-party servicers, and Federal,
State, Tribal, or local agencies;
(b) To maintain data that supports the existence of a legal
obligation to repay funds disbursed under title IV, HEA programs,
including documentation such as promissory notes and other agreements,
the Department may disclose records to institutions of higher
education, third-party servicers, and Federal agencies;
(c) To identify whether an aid recipient may have received title
IV, HEA program funds at more than one institution of higher education
for the same enrollment period in violation of title IV, HEA
regulations, the Department may disclose records to institutions of
higher education, third-party servicers, and Federal, State, or local
agencies;
(d) To identify whether an aid recipient may have exceeded the
award limits under title IV, HEA program funds in violation of title
IV, HEA regulations, the Department may disclose records to
institutions of higher education, third-party servicers, and Federal
agencies;
(e) To enable institutions of higher education to reconcile, on an
aggregate
[[Page 41949]]
and recipient-level basis, the amount of title IV, HEA program funds
that an institution received with the disbursements it made to, or on
behalf of, eligible students (including reconciling verification codes,
reconciling the funds received with disbursements made by type of funds
received, and making necessary corrections and adjustments), the
Department may disclose records to institutions of higher education,
third-party servicers, and Federal, State, or local agencies;
(f) To enable an institution of higher education to request online
credit checks of aid applicants, aid recipients, or endorsers as part
of the process for determining the eligibility of aid applicants and
recipients for a title IV, HEA Federal Direct PLUS Loan, disclosures
may be made to institutions of higher education, third-party servicers,
consumer reporting agencies, and Federal agencies;
(g) To assist individuals, institutions of higher education, third-
party servicers, or software vendors with questions about title IV, HEA
program funds, disclosures may be made to institutions of higher
education, software vendors, third-party servicers, and Federal, State,
or local agencies;
(h) To support the investigation of possible fraud and abuse and to
detect and prevent fraud and abuse in title IV, HEA program funds,
disclosures may be made to institutions of higher education, third-
party servicers, and Federal, State, local, or Tribal agencies;
(i) To assist institutions of higher education with student loan
default prevention, disclosures may be made to institutions of higher
education as to whether an aid applicant or recipient has completed
required counseling in the Direct Loan or TEACH Grant programs;
(j) To assist the Department in determining eligibility for a
Federal Direct PLUS Loan, disclosures may be made to consumer reporting
agencies;
(k) To help Federal, State, Tribal, and local governmental 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 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;
(l) To assist an eligible lender in processing an aid recipient's
IDR plan, the Department may disclose records, including, but not
limited to, the calculated monthly payment amount based on the IDR plan
selected and ADOIs, to eligible lenders.
(2) Congressional Member Disclosure. The Department may disclose
the records of an individual to a member of Congress or the member's
staff when necessary to respond to an inquiry from the member made at
the written request of that individual and on behalf of that
individual. The member's right to the information is no greater than
the right of the individual who requested it.
(3) Enforcement Disclosure. If 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 investigating
or prosecuting that violation or charged with enforcing or implementing
the statute, regulation, or order issued pursuant thereto.
(4) 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 judicial or
administrative litigation or ADR, the Department may disclose certain
records from this system of records to the parties described in
paragraphs (b), (c), and (d) of this routine use under the conditions
specified in those paragraphs:
(i) The Department or any of its components;
(ii) Any Department employee in his or her official capacity;
(iii) Any Department employee in his or her individual capacity if
the U.S. Department of Justice (DOJ) has been requested to or has
agreed to provide or arrange for representation of the employee;
(iv) Any Department employee in his or her individual capacity when
the Department has agreed to represent the employee; and
(v) The United States when the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to DOJ. If the Department determines that disclosure
of certain records to DOJ is relevant and necessary to judicial or
administrative litigation or ADR, the Department may disclose those
records as a routine use to DOJ.
(c) Adjudicative Disclosure. If the Department determines that it
is relevant and necessary to judicial or administrative litigation or
ADR to disclose certain records from this system of records to an
adjudicative body before which the Department is authorized to appear
or to a person or an entity designated by the Department or otherwise
empowered to resolve or mediate disputes, the Department may disclose
those records as a routine use to the adjudicative body, person, or
entity.
(d) Disclosure to Parties, Counsel, Representatives, and Witnesses.
If the Department determines that disclosure of certain records to a
party, counsel, representative, or witness 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.
(5) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose
information from this system of records to a Federal, State, or local
agency, or to another public authority or professional organization,
maintaining civil, criminal, or other relevant enforcement or other
pertinent records, if necessary to obtain information relevant to a
Department decision concerning the hiring or retention of an employee
or other personnel action; the issuance of a security clearance; the
letting of a contract; or the issuance of a license, grant, or other
benefit.
(b) For Decisions by Other Public Agencies or their Agents and
Contractors, Professional Organizations, or the Department's
Contractors. The Department may disclose records to a Federal, State,
local, or other public agency or an agent or contractor of such a
public agency, professional organization, or the Department's
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
[[Page 41950]]
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.
(6) 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 the record in the course of
investigation, fact-finding, or adjudication to any party to the
grievance, complaint, or action; to the party's counsel or
representative; to a witness; or to a designated fact-finder, mediator,
or other person designated to resolve issues or decide the matter. The
disclosure may only be made during the course of investigation, fact-
finding, or adjudication.
(7) Labor Organization Disclosure. The Department may disclose a
record to an arbitrator to resolve disputes under a negotiated
grievance procedure or to officials of a labor organization recognized
under 5 U.S.C. chapter 71 when relevant and necessary to their duties
of exclusive representation.
(8) Freedom of Information Act (FOIA) and Privacy Act Advice
Disclosure. The Department may disclose records to the DOJ or the
Office of Management and Budget (OMB) if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA or the Privacy Act.
(9) Disclosure to the DOJ. The Department may disclose records to
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.
(10) Contract Disclosure. If the Department contracts with an
entity to perform any function that requires disclosure of records in
this system to employees of the contractor, 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.
(11) Research Disclosure. The Department may disclose records to a
researcher if the Department determines that the individual or
organization to which the disclosure would be made is qualified to
carry out specific research related to the functions or purposes of
this system of records. The Department may disclose records from this
system of records to that researcher solely for the purpose of carrying
out that research related to the functions or purposes of this system
of records. The researcher shall be required to agree to establish and
maintain safeguards to protect the security and confidentiality of the
disclosed records.
(12) Disclosure to OMB and the Congressional Budget Office (CBO)
for Federal Credit Reform Act (CRA) Support. The Department may
disclose records to OMB and CBO as necessary to fulfill CRA
requirements in accordance with 2 U.S.C. 661b.
(13) Disclosure in the Course of Responding to a Breach of Data.
The Department may disclose records from this system of records to
appropriate agencies, entities, and persons when (a) the Department
suspects or has confirmed that 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.
(14) 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.
(15) 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 to a consumer reporting agency the following information
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
section under 5 U.S.C. 552a(b)(12) and the procedures contained in 31
U.S.C. 3711(e). A consumer reporting agency to which these disclosures
may be made is defined at 15 U.S.C. 1681a(f) and 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The Department electronically maintains, for the entire Federal
Student Aid lifecycle from application through loan payoff, student and
applicant demographic, and title IV, HEA aid data such as, but not
limited to, FFEL program, FISL program, and Perkins loan records, on
hard disk at the AWS Government Cloud in Seattle, Washington. The
Department maintains electronic master promissory notes, electronic
Special Direct Consolidation Loan opportunity applications and
promissory notes, paper or electronic requests to repay or a
recertification a Direct Loan or Department-held Perkins or FFEL under
an IDR plan, and Federal Direct Consolidation Loan applications, ADOIs,
and promissory notes on hard disk at the AWS Government Cloud in
Seattle, Washington. Paper Direct Loan promissory notes and endorser
addendums are maintained in locked vaults in ASM Research in Niagara
Falls, New York, and at the NARA- operated Atlanta Federal Records
Center near Atlanta, Georgia. Data obtained from the paper promissory
notes are maintained on hard disks at the AWS Government Cloud in
Seattle, Washington. This data is referred to as metadata and is used
by the system to link promissory notes to aid recipient data. The
Department also creates and maintains electronic images of the paper
promissory notes at the ASM Research facility in Niagara Falls, New
York. For information on the maintenance of other documents, see the
section entitled ``SYSTEM LOCATION.''
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in the COD System are retrieved by the individual's SSN or
name, BD case number, or by the institution's OPEID.
[[Page 41951]]
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
All records are retained and disposed of in accordance with
Department Records Schedule 072: FSA Application, Origination, and
Disbursement Records (DAA-0441-2013-0002) (ED 072). ED 072 is being
amended, pending approval by NARA. Records will not be destroyed until
NARA-approved amendments to ED 072 are in effect, as applicable.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Physical access to the sites of the Department's contractors, where
this system of records is maintained, is controlled and monitored by
security personnel who check each individual entering the buildings for
their employee or visitor badge.
In accordance with the Department's Administrative Communications
System Directive ACSD-OFO-013 entitled ``Contractor Employee Personnel
Security Screenings,'' all contract and Department personnel who have
facility access and system access must undergo a security clearance
investigation. Individuals requiring access to Privacy Act data are
required to hold, at a minimum, a moderate-risk security clearance
level. These individuals are required to undergo periodic screening at
five-year intervals.
In addition to undergoing security clearances, contract and
Department employees are required to complete security awareness
training on an annual basis. Annual security awareness training is
required to ensure that contract and Department users are appropriately
trained in safeguarding Privacy Act data.
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a ``need-to-
know'' basis and controls individual users' ability to access and alter
records within the system. All users of this system of records are
given unique user identification. The Department's FSA Information
Security and Privacy Policy requires the enforcement of a complex
password policy. In addition to the enforcement of the complex password
policy, users are required to change their password at least every 90
days in accordance with the Department's information technology
standards.
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
and privacy controls, a plan of actions and milestones to remediate any
identified deficiencies, and a continuous monitoring program.
Security and privacy 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, contact the
system manager at the address listed above. You must provide necessary
particulars of your name, DOB, SSN, 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 in 34 CFR 5b.5.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of your personal record within
the system of records, contact the system manager at the address listed
above and provide your name, DOB, and SSN. Identify the specific items
to be changed and provide a written justification for the change.
Requests to amend a record must meet the requirements in 34 CFR
5b.7.
NOTIFICATION PROCEDURES:
If you wish to determine whether a record exists regarding you in
the system of records, contact the system manager at the address listed
above. You must provide necessary particulars such as your name, DOB,
SSN, and any other identifying information requested by the Department
while processing the request to distinguish between individuals with
the same name. Requests must meet the requirements in 34 CFR 5b.5.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The system of records entitled ``Common Origination and
Disbursement (COD) System'' (18-11-02) was last modified and published
in full in the Federal Register on September 13, 2022 (87 FR 56015-
56025). Prior to this, the Department modified and published in full
this system of records notice in the Federal Register on August 16,
2019 (84 FR 41979-41987). The Department renamed its previous system of
records entitled, ``Recipient Financial Management System'' (RFMS) (18-
11-02), as the ``Common Origination and Disbursement (COD) System''
(18-11-02), on September 27, 2010 (75 FR 59242-59246). The Department
previously published the RFMS system of records notice on June 4, 1999
(64 FR 30106, 30161-30162).
[FR Doc. 2023-13698 Filed 6-27-23; 8:45 am]
BILLING CODE 4000-01-P