94-31242. Privacy Act of 1974; Amendments to a Notice of a New System of Records for the National Student Loan Data System  

  • [Federal Register Volume 59, Number 243 (Tuesday, December 20, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-31242]
    
    
    [[Page Unknown]]
    
    [Federal Register: December 20, 1994]
    
    
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    DEPARTMENT OF EDUCATION
    
     
    
    Privacy Act of 1974; Amendments to a Notice of a New System of 
    Records for the National Student Loan Data System
    
    AGENCY: Department of Education.
    
    ACTION: Notice of changes to a system of records.
    
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    SUMMARY: On June 29, 1994, the Department of Education published a 
    notice of a new system of records for the National Student Loan Data 
    System (NSLDS). The Department solicited comments on the routine uses 
    for the system and submitted a report of the system to the Office of 
    Management and Budget (OMB) and Congress. The Department received 
    comments from one commenter and some suggestions from OMB regarding 
    improvements to the notice. Several changes have been made to the 
    system as a result of this input and are discussed in the supplementary 
    information portion of this notice.
    
    DATES: This amended system of records becomes effective December 20, 
    1994.
    
    FOR FURTHER INFORMATION CONTACT: Susan Pentecost; Branch Chief, 
    National Student Loan Data System; U. S. Department of Education; 600 
    Independence Avenue, SW.; GSA Regional Office Building 3, Room 4640; 
    Washington DC 20202-5175; (202) 708-8125. Individuals who use a 
    telecommunications device for the deaf (TDD) may call the Federal 
    Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 
    p.m., Eastern time, Monday through Friday.
    
    SUPPLEMENTARY INFORMATION: The Department published in the Federal 
    Register on June 29, 1994 (59 FR 33491) a notice of a new system of 
    records for the National Student Loan Data System (18-40-0039). The 
    Department received comments from one commenter and some suggestions 
    for improvement to the system notice from OMB. As a result, several 
    changes have been made to the system notice. Those changes are 
    discussed below.
        Regarding the categories of individuals clause, it was noted that 
    the phrase ``borrowers who have applied for loans under the FFEL 
    (Federal Family Education Loan) Program will be tracked on this new 
    system . . .'' implies that the system will maintain data on all 
    students who have applied for aid under Title IV of the Higher 
    Education Act of 1965 (Title IV, HEA) not just those who have received 
    aid. The Department did not intend to cover under this system 
    applicants who may apply for but do not receive aid and this clause has 
    been modified to refer to individuals who applied for and received 
    certain Title IV loans. In addition, because the system notice only 
    covers individuals, references to persons who have died are removed, 
    because persons who have died are not considered individuals under the 
    Privacy Act. However, as a practical matter, the Department will 
    maintain information about these persons as necessary to manage the 
    Title IV program.
        Regarding the categories of records clause, the entry ``an 
    applicant's demographic background'' has been removed because it was 
    only descriptive of the categories of information that followed.
        Regarding the routine uses for the system, the following paragraphs 
    discuss the changes the Department is making to the system and issues 
    raised by the comments.
        Routine use (a): Program purposes. Paragraph (2) has been removed 
    and the entities for which each disclosure is appropriate have been 
    included with the program purpose disclosures. A number of program 
    purpose routine uses were dropped from the notice because the 
    Department does not disclose individually identifiable information in 
    connection with certain purposes that were included in the original 
    Privacy Act notice. The program purposes have been broken out into a 
    series of eight (8) separate routine uses. Also, the program purpose 
    routine uses are recast to focus on the purpose of each disclosure 
    rather than the end results of the disclosure. Disclosure to OMB under 
    the Credit Reform Act (CRA) is removed from the program purpose routine 
    uses and stated as a separate routine use. The General Accounting 
    Office (GAO) is removed as a recipient under the program purpose 
    routine uses because it can get records under 5 U.S.C. 552a(b)(10) in 
    the course of performing its duties. Finally, consistent with the 
    preamble of the initial notice of this system and as stated in the 
    purposes of the system, disclosures from this system of records may be 
    made to enforce the terms of a loan and to collect a loan. This purpose 
    for disclosure is clarified now in routine use (a).
        Routine use (b)(2): Litigation Disclosure. OMB suggested that the 
    Department clarify the routine use permitting disclosure to counsel to 
    clearly indicate that this routine use authorized disclosure only to 
    opposing counsel. OMB also asked that the Department clarify the 
    distinctions among the various types of disclosures made under routine 
    use (b)(2). Routine use (b) has been restructured to address these 
    concerns. OMB commented that a routine use was not appropriate for 
    disclosures to a court, as specified in (b)(2) of the notice, because 
    these disclosures should be made under a court order, pursuant to 5 
    U.S.C. 552a(b)(11). Therefore, disclosure to courts has been removed 
    from this routine use.
        One of the commenters was concerned that disclosure to opposing 
    counsel and other parties in administrative proceedings under (b)(2) 
    would be inappropriate because these disclosures should be obtained 
    under a court order. The Assistant Secretary disagrees because he 
    believes that such a requirement would create an unnecessary burden on 
    the public and the Department. For example, if the Department is 
    involved in administrative litigation with a school regarding the 
    school's default rate calculation, the school would have access to 
    information pursuant to the program purpose routine use. However, the 
    school may need to disclose to its outside counsel certain individually 
    identifiable information obtained from the Department. Disclosure to 
    the school's counsel in this case, in the interest of ensuring proper 
    adjudication of default rate challenges, would certainly be consistent 
    with the purposes for which the records in this system are maintained. 
    However, if the school had to obtain a court order from the district 
    court before it could make such a disclosure, the administrative 
    litigation would be unnecessarily burdened. Thus, the Assistant 
    Secretary has decided to keep in this routine use disclosures to 
    opposing counsels and other representatives of parties in 
    administrative litigation with the Department.
        Routine use (d): Contract Disclosure. This routine use has been 
    rewritten to clarify its meaning.
        Routine use (e): Employee Grievance, Complaint or Conduct 
    Disclosure. This routine use has been revised to make it clearer.
        Routine use (f): Labor Organization Disclosure. It was suggested 
    that the Department remove this routine use as unnecessary. However, 
    the Assistant Secretary foresees the possibility of a case in which a 
    supervisor takes an action against an employee and cites specific 
    alleged mishandling of Privacy Act information by the employee as the 
    basis for the action. The employee is entitled to representation by a 
    union representative who might need access to the individually 
    identifiable information in order to adequately protect the interests 
    of the employee. This routine use is consistent with the purposes of 
    the system in that it ensures that questions about proper handling of 
    confidential information are properly addressed to the benefit of the 
    individuals on whom the Department maintains information in this system 
    of records.
        Routine use (g): Research Disclosure. This routine use has been 
    removed because 5 U.S.C. 552a(b)(5) adequately covers the needs 
    intended to be served by this routine use.
        Routine use (i): FOIA Advice Disclosure. The Office of Management 
    and Budget suggested that disclosure to OMB of individually 
    identifiable information be removed because the Department can obtain 
    sufficient advice on Privacy Act matters from OMB without disclosing 
    individually identifiable information. The reference to OMB disclosures 
    has been removed.
        Routine use (j): Subpoena Disclosure. This routine use is removed 
    because it appears inconsistent with certain judicial decisions 
    relating to the Privacy Act.
        Regarding the Safeguards clause for the system, the description of 
    the safeguards has been rewritten to indicate more precisely the nature 
    of the safeguards used to protect this system.
        Regarding the Retention and Disposal clause for the system, the 
    details regarding optical disk storage as a means of archiving data has 
    been changed to clarify that the shelf life of the archived information 
    will be enhanced through an optical disk maintenance program and will 
    be maintained for a total of ten years after the loan is closed.
        The commenter was concerned about the timeframe for implementation 
    of the NSLDS system and the enhancements to its own system so that it 
    can report information to the NSLDS. The commenter was also concerned 
    that the Department appeared to be making changes to data elements in 
    the system and believed that the Department should continue to involve 
    program participants in the implementation strategies for NSLDS, 
    including setting the appropriate implementation timeframes. Contrary 
    to the commenter's understanding, the data elements that will require 
    system enhancements are not required to be reported until July 1995, 
    and the Department is now making changes to data elements that will be 
    submitted to NSLDS. The Department has worked closely with program 
    participants during the design phase of this system and intends to 
    continue working closely with them.
        The system notice is being republished in its entirety to assist 
    readers in understanding the context for the changes that are being 
    made.
    
        Dated: December 14, 1994.
    David A. Longanecker,
    Assistant Secretary for Postsecondary Education.
    
        Accordingly, the Assistant Secretary revises the system of records 
    ``National Student Loan Data System'' (System Number 18-40-0039) to 
    read as follows:
    18-40-0039
        National Student Loan Data System.
         None.
        E-Systems, Greenville Division, PO Box 6056, Greenville, Texas 
    75403-6056.
        Borrowers who have applied for and received loans under the William 
    D. Ford Federal Direct Loan Program; borrowers who applied for and 
    received loans under the Federal Insured Student Loan (FISL) Program; 
    borrowers who applied for and received loans under the Federal Family 
    Education Loan (FFEL) Program; borrowers who applied for and received 
    loans under the Federal Perkins Loan Program (including National 
    Defense Student Loans and National Direct Student Loans); borrowers who 
    had a loan discharged in bankruptcy under the FISL Program and on which 
    the Department of Education (ED) paid a claim to the holder of the 
    loan; borrowers who defaulted on their loans or became disabled; 
    borrowers whose loans were guaranteed by a guaranty agency and who 
    defaulted under the FFEL Program if those loans were assigned by the 
    guaranty agency to ED; FFEL borrowers whose lenders have reported them 
    delinquent or reported their locations as unknown; FFEL borrowers whose 
    loans were cancelled due to borrower's total and permanent disability, 
    or whose loans were discharged in bankruptcy under the FFEL Program; 
    FFEL borrowers whose loans were discharged under certain circumstances 
    due to a school closing or a false loan certification; borrowers under 
    the Federal Perkins Loan Program whose loans have been assigned to ED 
    because of default; borrowers whose loans were serviced by guaranty 
    agencies for which ED has assumed management responsibility; and 
    Federal Pell and Federal Supplemental Educational Opportunity Grants on 
    which overpayments are collected by the Department.
        Contains records regarding (1) loan and educational status; (2) 
    data on family income; (3) name; (4) social security number; (5) 
    address; (6) amount of claim; (7) forbearance; (8) cancellation; (9) 
    disability; (10) deferment information; (11) profile information on 
    schools, lenders and guaranty agencies; (12) student/borrower date of 
    birth; (13) details regarding each loan received by a student; (14) 
    school(s) attended by student who has received aid to attend at least 
    one school; (15) loan repayment information; (16) student/borrower 
    anticipated school completion date; (17) an indication which loans were 
    obtained from a lender-of-last-resort; (18) loan refund/cancellation 
    information; and (19) grant overpayment date and amount.
         Higher Education Act of 1965, Title IV-A through IV-G, as amended, 
    (20 U.S.C. 1092b)
        This system of records is maintained for the purposes of: (1) 
    Providing pre-screening for Title IV aid eligibility; (2) providing 
    default rate calculations for schools, guaranty agencies, and lenders; 
    (3) reporting changes in student/borrower enrollment status (Student 
    Status Confirmation Reporting (SSCR)); (4) preparing electronic 
    financial aid transcript information; (5) assisting guaranty agencies 
    in helping lenders collect delinquent loans (pre-claims assistance 
    (PCA)/supplemental PCA support); (6) providing audit and program review 
    planning; (7) supporting research studies and policy development; (8) 
    conducting budget analysis and development; (9) tracking loan transfers 
    from one entity to another; (10) assessing FFEL Program administration 
    of guaranty agencies, schools, and lenders; (11) tracking borrowers; 
    (12) providing information that will support Credit Reform Act of 1992 
    requirements; (13) providing information to track refunds/
    cancellations; and (14) collecting debts owed to the Department under 
    Title IV of HEA.
        ED may disclose information contained in a record in this system of 
    records without the consent of the individual if the disclosure is 
    compatible with the purpose for which the record was collected only as 
    needed to achieve a program objective under the following routine uses:
        (a) Program purposes. Records may be disclosed for the following 
    program purposes:
        (1) To verify the identity of the applicant and assist with the 
    determination of program eligibility and benefits, disclosures may be 
    made to appropriate guaranty agencies, educational and financial 
    institutions, and appropriate Federal agencies;
        (2) To provide default rate calculations, disclosures may be made 
    to guaranty agencies, educational and financial institutions, and State 
    agencies;
        (3) To assist students in locating the holders of their loan(s) 
    (loan transfer tracking), disclosures may be made to guaranty agencies, 
    educational and financial institutions, and State or Local agencies;
        (4) To provide a standardized student status confirmation report 
    for schools to efficiently submit student enrollment status changes, 
    disclosures may be made to guaranty agencies, and educational and 
    financial institutions;
        (5) To provide financial aid transcript information, disclosures 
    may be made to educational institutions;
        (6) To assist guaranty agencies and lenders in the collection of 
    loans (pre-claims assistance/supplemental pre-claims assistance 
    notification), disclosures may be made to guaranty agencies, 
    educational and financial institutions, and State or Local agencies; 
    and
        (7) To enforce the terms of a loan and assist in the collection of 
    a loan, disclosures may be made to guaranty agencies, educational and 
    financial institutions, and Federal, State, or Local agencies.
        (b) Litigation disclosure.
        (1) In the event that one of the parties listed below is involved 
    in litigation, or has an interest in litigation, ED may disclose 
    certain records to the parties described in paragraphs (2), (3) and (4) 
    of this routine use under the conditions specified in those paragraphs:
        (i) ED, or any component of the Department; or
        (ii) Any ED employee in his or her official capacity; or
        (iii) Any employee of ED in his or her individual capacity where 
    the Department of Justice has agreed to provide or arrange for 
    representation for the employee; or
        (iv) Any employee of ED in his or her individual capacity where the 
    agency has agreed to represent the employee; or
        (v) The United States where ED determines that the litigation is 
    likely to affect the Department or any of its components.
        (2) Disclosure to the Department of Justice. If ED determines that 
    disclosure of certain records to the Department of Justice or attorneys 
    engaged by the Department of Justice is relevant and necessary to 
    litigation and is compatible with the purpose for which the records 
    were collected, ED may disclose those records as a routine use to the 
    Department of Justice.
        (3) Administrative Disclosures. If ED determines that disclosure of 
    certain records to an adjudicative body before which ED is authorized 
    to appear, individual or entity designated by ED or otherwise empowered 
    to resolve disputes is relevant and necessary to the administrative 
    litigation and is compatible with the purpose for which the records 
    were collected, ED may disclose those records as a routine use to the 
    adjudicative body, individual or entity.
        (4) Opposing counsels, representatives and witnesses. If ED 
    determines that disclosure of certain records to an opposing counsel, 
    representative or witness in an administrative proceeding is relevant 
    and necessary to the litigation and is compatible with the purpose for 
    which the records were collected, ED may disclose those records as a 
    routine use to the counsel, representative or witness.
        (c) Enforcement disclosure. In the event that information in this 
    system of records indicates, either on its face or in connection with 
    other information, a violation or potential violation of any applicable 
    statute, regulation, or order of a competent authority, the relevant 
    records in the system of records may be referred, as a routine use, to 
    the appropriate agency, whether foreign, Federal, State, Tribal, or 
    local, charged with the responsibility of investigating or prosecuting 
    such violation or charged with enforcing or implementing the statute, 
    or executive order or rule, regulation, or order issued pursuant 
    thereto.
        (d) Contract disclosure. If ED contracts with an entity for the 
    purpose of performing any function that requires disclosure of records 
    in this system to employees of the contractor, ED may disclose the 
    records as a routine use to those employees. Before entering into such 
    a contract, ED shall require the contractor to maintain Privacy Act 
    safeguards as required under 5 U.S.C. 552a(m) with respect to the 
    records in the system.
        (e) Disclosure to the Office of Management and Budget (OMB) for 
    Credit Reform Act (CRA) Support. ED may disclose individually 
    identifiable information to OMB as necessary to fulfill CRA 
    requirements. (These requirements currently include transfer of data on 
    lender interest benefits and special allowance payments, defaulted loan 
    balances, and supplemental preclaims assistance payments information.).
        (f) Employee grievance, complaint or conduct disclosure. If a 
    record is relevant and necessary to an employee grievance, complaint, 
    or disciplinary action, ED may disclose the record in the course of 
    investigation, factfinding, or adjudication to any witness, designated 
    factfinder, mediator, or other person designated to resolve issues or 
    decide the matter.
        (g) Labor organization disclosure. Where a contract between a 
    component of ED and a labor organization recognized under 5 U.S.C., 
    Chapter 71, provides that the Department will disclose personal records 
    relevant and necessary to the organization's mission, records in this 
    system of records may be disclosed as a routine use to such an 
    organization.
        (h) Computer matching disclosure. Any information from this system 
    of records, including personal information obtained from other agencies 
    through computer matching programs, may be disclosed to a Federal or 
    State agency under a computer matching agreement in connection with an 
    individual's application for, or participation in, any grant or loan 
    program administered by ED. The purposes of these disclosures may be to 
    determine program eligibility and benefits, enforce the condition and 
    terms of a loan or grant, permit the servicing and collecting of the 
    loan or grant, prosecute or enforce debarment, suspension, and 
    exclusionary actions, counsel the individual in repayment efforts, 
    investigate possible fraud and verify compliance with program 
    regulations, locate a delinquent or defaulted debtor, and initiate 
    legal action against an individual involved in program fraud or abuse.
        (i) FOIA advice disclosure. In the event that ED deems it desirable 
    or necessary in determining whether particular records are required to 
    be disclosed under the Freedom of Information Act, disclosure may be 
    made to the Department of Justice for the purpose of obtaining its 
    advice.
        (j) Disclosure to the Department of Justice. ED may disclose 
    information from this system of records as a routine use to the 
    Department of Justice to the extent necessary for obtaining its advice 
    on any matter relevant to an audit, inspection, or other inquiry 
    related to the Department's responsibilities under Title IV of the 
    Higher Education Act of 1965.
        (k) Congressional member disclosure. ED may disclose information 
    from this system of records to a congressional office from the record 
    of an individual in response to an inquiry from the congressional 
    office made at the written request of that individual; the Member's 
    right to the information is no greater than the right of the individual 
    who requested it.
        Disclosure pursuant to 5 U.S.C. 552a(b)(12): The Department may 
    disclose to a consumer reporting agency information regarding a claim 
    which is determined to be valid and overdue as follows: (1) The name, 
    taxpayer identification number and other information necessary to 
    establish the identity of the individual responsible for the claim; (2) 
    the amount, status, and history of the claim; and (3) the program under 
    which the claim arose. The Department may disclose the information 
    specified in this paragraph under 5 U.S.C. 552a(b)(12) and the 
    procedures contained in 31 U.S.C. 3711 (f). 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).
        The records are maintained on magnetic tape and computer disk 
    media.
        Data are retrieved by matching social security number, name and 
    date of birth.
        All physical access to the sites of the contractor where this 
    system of records is maintained, is controlled and monitored by 
    security personnel who check each individual entering the building for 
    his or her employee or visitor badge. The computer system employed by 
    the Department of Education offers a high degree of resistance to 
    tampering and circumvention by use of software that requires user 
    access to be defined down to the individual data element. This security 
    system limits data access to Department of Education and contract staff 
    on a ``need to know'' basis, including external users of the system 
    (guaranty agency and school personnel) and controls individual users' 
    ability to access and alter records within the system. All users of 
    this system are given a unique user ID with a personal identifier. The 
    software monitors and tracks changes to any data element. Any change to 
    the database is recorded, together with the identity of the individual 
    user who made the change.
        Records of individual loans will be archived twelve months after a 
    loan is closed. The loan will be archived to optical disk for 
    economical and efficient storage. An Optical Disk Maintenance Program 
    will be implemented to lengthen the shelf-life of the exposure on the 
    optical disk. The Department will retain and dispose of NSLDS records 
    in accordance with the ED Comprehensive Records Disposition Schedule, 
    Part 10 item 16(a)(b)(c)(d)(e), which permits retention for a maximum 
    period of ten years after the loan is closed.
        Director, Division of Program Systems Service, U. S. Department of 
    Education, Office of Postsecondary Education, 600 Independence Avenue, 
    SW., Washington, DC 20202-5175.
        If an individual wishes to determine whether a record exists 
    regarding him or her in this system of records, the individual must 
    provide the system manager his or her name, date of birth, social 
    security number, and the name of the school or lender from which the 
    loan or grant was obtained. Requests for notification about an 
    individual must meet the requirements of the Department of Education's 
    Privacy Act regulations at 34 CFR 5b.5.
        If an individual wishes to gain access to a record in this system, 
    he or she must contact the system manager and provide information as 
    described in the notification procedures.
        If an individual wishes to change the content of a record in the 
    system of records, he or she must contact the system manager with the 
    information described in the notification procedures, identify the 
    specific item(s) to be changed, and provide a written justification for 
    the change, including any supporting documentation. Requests to amend a 
    record must meet the requirements of the Department of Education 
    Privacy Act regulations at 34 CFR 5b.7.
        Information is obtained from guaranty agencies, schools, and the 
    Title IV Program Files (Privacy Act System of Records Number 18-4000-
    24). However, lenders and guaranty agencies are not a source of 
    information for participants in the William D. Ford Federal Direct Loan 
    Program because the Department maintains individual records of 
    borrowers.
        None.
    
    [FR Doc. 94-31242 Filed 12-19-94; 8:45 am]
    BILLING CODE 4000-01-P
    
    
    

Document Information

Effective Date:
12/20/1994
Published:
12/20/1994
Department:
Education Department
Entry Type:
Uncategorized Document
Action:
Notice of changes to a system of records.
Document Number:
94-31242
Dates:
This amended system of records becomes effective December 20, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: December 20, 1994