Federal Student Aid; Notice of an altered system of records. [FSA]

FR Doc 05-1651
[Federal Register: January 28, 2005 (Volume 70, Number 18)]
[Notices]
[Page 4112-4115]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja05-69]

Download:
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

Privacy Act of 1974; System of Records

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

ACTION: Notice of an altered system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act), 5 United States Code (U.S.C.) 552a, the Department of
Education (Department) publishes this notice of an altered system of
records entitled ``Student Aid Internet Gateway (SAIG), Participation
Management System'' for the purpose of providing telecommunications
support for the delivery and administration of Federal student aid
programs authorized under Title IV of the Higher Education Act of 1965,
as amended (HEA). This system stores personally identifiable data from
individuals who elect to participate in the transfer of electronic data
via the SAIG, or enroll in the Financial Aid Administration (FAA)
Online Access system for access to either the Central Processing System
(CPS) Online or eCampus Online. (The eCampus-Based Web site allows
users to submit FISAP information, access Campus-Based account data,
and view reports.) The Department is revising this system of records as
a result of a system application change and other technical changes to
the Title IV Wide Area Network (Title IV WAN 18-11-10) system notice.
This altered system of records notice also changes the name of the
system from Title IV WAN to Student Aid Internet Gateway (SAIG),
Participation Management System; adds two new routine use disclosures;
deletes number two under the ``Purposes'' statement, which refers to
billing for customer service calls and ISIR data requests; and revises
the safeguards and record retention and disposal sections to reflect
the current safeguards and record retentions for the paper and
electronic (Web-based) records and information.

DATES: The Department seeks comments on the altered system of records
described in this notice, in accordance with the requirements of the
Privacy Act. We must receive your comments on the proposed routine uses
for this system of records on or before February 28, 2005.
The Department has filed a report describing the altered system of
records with the Chair of the Senate Committee on Governmental Affairs,
the Chair of the House Committee on Government Reform, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), on January 24, 2005. This
altered system of records will become effective at the later date of:
(1) The expiration of the 40-day period for OMB review on March 7, 2005
or (2) February 28, 2005, unless the system of records needs to be
changed as a result of public comment or OMB review.

ADDRESSES: Address all comments on the proposed routine uses of this
system, and requests for information about this system, to Gregory
James, Application Processing, Students Channel, Federal Student Aid,
U.S. Department of Education, Union Center Plaza, 830 First Street,
NE., Room 31C4, Washington, DC 20202.
If you prefer to send your comments through the Internet, use the
following address: Comments@ed.gov. You must include the term ``SAIG
comments'' in the subject line of your electronic message.
During and after the comment period, you may inspect all comments
about this notice at Federal Student Aid (FSA), U.S. Department of
Education, Union Center Plaza, 830 First Street, NE., Room 31C4,
Washington, DC 20202

[[Page 4113]]

between the hours of 8:30 a.m. and 4 p.m., eastern time, Monday through
Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record

On request, we will supply an appropriate aid, such as a reader or
print magnifier, 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 aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Gregory James, Telephone: (202) 377-
3386. If you use a telecommunications device for the deaf (TDD), you
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.

Introduction

The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to
publish in the Federal Register a notice of altered systems of records
managed by the Department. The Department's regulations implementing
the Privacy Act are contained in the Code of Federal Regulations (CFR)
in 34 CFR part 5b.
The Privacy Act applies to a record about an individual that is
maintained in a system of records from which information is retrieved
by a unique identifier associated with each individual, such as a name
or social security number. The information about each individual is
called a ``record,'' and the system, whether manual or computer-driven,
is called a ``system of records.'' The Privacy Act requires each agency
to publish a systems of records notice in the Federal Register and to
prepare reports to OMB and Congressional Committees whenever the agency
publishes a new or ``altered'' system of records.

Electronic Access to This Document

You may view this document, as well as all other documents of this
Department published in the Federal Register, in text or Adobe Portable
Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/fedregister
.

To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.

Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html
.

Dated: January 24, 2005.
Theresa S. Shaw,
Chief Operating Officer, Federal Student Aid.

For the reasons discussed in the preamble, the Chief Operating
Officer, Federal Student Aid, U.S. Department of Education, publishes a
notice of an altered system of records to read as follows:
18-11-10

System Name:
Student Aid Internet Gateway (SAIG), Participant Management System.

Security Classification:
None.

System Location:
Pearson Government Solutions, 2450 Oakdale Boulavard, Coralville,
Iowa 52241.
Virtual Data Center (VDC), c/o Computer Science Corporation, 71
Deerfield Lane, Meriden, CT 06450-7151.

Categories of Individuals Covered by the System:
This system contains records on those individuals who elect to
participate in the electronic exchange of data with the Department of
Education via the SAIG, or enroll in the Financial Aid Administration
system for access to either the Central Processing System (CPS) Online
or eCampus Online. Those eligible to participate include: financial aid
administrators, authorized employees or representatives of
postsecondary institutions, authorized employees or representatives of
third-party servicers, authorized employees or representatives of
lenders, authorized employees or representatives of guaranty agencies,
and authorized employees or representatives of state scholarship
programs.

Categories of Records in the System:
This system consists of demographic contact information that
individuals affiliated with an authorized entity provide to request
electronic access to Title IV Student Aid Systems.
Demographic information includes the individual's name, address,
and authentication information (mother's maiden name, Social Security
Number, and date of birth).

Authority for Maintenance of the System:
20 U.S.C. 1082, 1085, 1094, 1099C, Executive Order 9937.

Purpose(s):
The SAIG, Participant Management System performs the following:
processes stored data from the SAIG Enrollment Forms (Web and paper
versions); maintains the SAIG Enrollment Web site (named
FSAWebEnrollment.ed.gov); manages the assignment of individual ID
numbers (TG Numbers); and authenticate user's of the CPS Online and e-
Campus Online systems.

Routine Uses of Records Maintained in the System, Including Categories
of Users and the 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.
These disclosures may be made on a case-by-case basis or, if the
Department has complied with the computer matching requirements of the
Privacy Act, under a computer matching agreement.
(1) Program disclosures. The Department may disclose records for
the following program purposes:
(a) Federal Direct Loan Program--For participation in the Direct
Loan Program including the submission of origination records and the
reporting of disbursement records that require the transmission of data
over the SAIG.
(b) Central Processing System (CPS)--Student application data
including corrections can be entered and obtained over the SAIG.
(c) Federal Pell Grant--Program origination and disbursement
records must be reported electronically via the SAIG.
(d) Fiscal Operations Report and Application to Participate in the
Federal Campus-Based Programs (FISAP)--Participating institutions are
required to submit their annual Fiscal Operations and Application to
Participate to the Department via the SAIG.
(e) National Student Loan Data Service (NSLDS)--Institutions must
be provided access to NSLDS to perform online Enrollment Reporting
(formerly Student Status Confirmation Reporting

[[Page 4114]]

(SSCR)) for updating student enrollment data, and overpayment updates.
Additionally, institutions will be able to receive their cohort default
rate (CDR) notification (which includes eligibility letters and loan
record detail reports) via the SAIG.
(f) Lender Reporting System (LaRS)--Lender institutions or their
servicers have the option to send financial reporting information to
Federal Student Aid's Financial Management System via SAIG.
(2) Freedom of Information Act (FOIA) advice disclosure. The
Department may disclose records to the Department of Justice (DOJ) and
the Office of Management and Budget if the Department seeks advice
regarding whether records maintained in the system of records are
required to be released under the FOIA and the Privacy Act of 1974.
(3) Disclosure to the DOJ. The Department May disclose records to
the DOJ to the extent necessary for obtaining DOJ advice on any matter
relevant to an audit, inspection, or other inquiry related to the
programs covered by this system.
(4) Contract Disclosure. If the Department contracts with an entity
for the purposes of performing any function that requires disclosure of
records in this system to employees of the contractor, the Department
may disclose the records to those employees. Before entering into such
a contract, the Department 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.
(5) Litigation and Alternative Dispute Resolution (ADR)
disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR, or has an interest in litigation or
ADR, the Department may disclose certain records to the parties
described in paragraphs (b), (c), and (d) of this routine use under the
conditions specified in those paragraphs:
(i) The Department of Education, or any component of the
Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to the Department of Justice (DOJ). If the
Department determines that disclosure of certain records to the DOJ, or
attorneys engaged by DOJ, is relevant and necessary to litigation or
ADR, and is compatible with the purpose for which the records were
collected, the Department may disclose those records as a routine use
to the DOJ.
(c) Adjudicative disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the litigation or ADR, the Department may
disclose those records as a routine use to the adjudicative body,
individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(6) Research disclosure. The Department may disclose records to a
researcher if an appropriate official of the Department determines that
the individual or organization to which the disclosure would be made is
qualified to carry out specific research related to functions or
purposes of this system of records. The official may disclose records
from this system of records to that researcher solely for the purpose
of carrying out that research related to the functions or purposes of
this system of records. The researcher shall be required to maintain
Privacy Act safeguards with respect to the disclosed records.
(7) Congressional Member disclosure. The Department may disclose
records to a member of Congress from the record of an individual in
response to an inquiry from the member made at the written request of
that individual. The Member's right to the information is no greater
than the right of the individual who requested it.
(8) Disclosure for use by law enforcement agencies. The Department
may disclose information to any Federal, State, local or other agencies
responsible for enforcing, investigating, or prosecuting violations of
administrative, civil, or criminal law or regulation if that
information is relevant to any enforcement, regulatory, investigative
or prosecutorial responsibility within the entity's jurisdiction.
(9) Enforcement disclosure. In the event that information in this
system of records indicates, either on its face or in connection with
other information, a violation or potential violation of any applicable
statute, regulation, or order of a competent authority, the Department
may disclose the relevant records to the appropriate agency, whether
foreign, Federal, State, tribal, or local, charged with the
responsibility of investigating or prosecuting that violation or
charged with enforcing or implementing the statute, Executive Order,
rule, regulation, or order issued pursuant thereto.
(10) Employment, benefit, and contracting disclosure. (a) Decisions
by the Department. The Department may disclose a record to a Federal,
State, or local agency maintaining civil, criminal, or other relevant
enforcement or other pertinent records, or to another public authority
or professional organization, if necessary to obtain information
relevant to a 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) Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose a record to a Federal,
State, local, or foreign agency or other public authority or
professional organization, in connection with the hiring or retention
of an employee or other personnel action, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit, to the extent that the record is relevant and necessary to the
receiving entity's decision on the matter.
(11) Employee grievance, complaint or conduct disclosure. The
Department may disclose a record in this system of records to another
agency of the Federal Government if the record is relevant to one of
the following proceedings regarding a present or former employee of the
Department: Complaint, grievance, discipline or competence
determination proceedings. The disclosure may only be made during the
course of the proceeding.
(12) Labor organization disclosure. The Department may disclose
records from this system of records to an arbitrator to resolve
disputes under a negotiated grievance procedure or to officials of
labor organizations recognized under 5 U.S.C. chapter 71

[[Page 4115]]

when relevant and necessary to their duties of exclusive
representation.

Disclosure to Consumer Reporting Agencies:
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,
address, and other information necessary to establish the identity of
the individual responsible for the claim; and (2) the program under
which the claim arose. The Department may disclose the information
specified in this paragraph under 5 U.S.C. 552a(b)(12) and the
procedures contained in subsection 31 U.S.C. 3711(e).
A consumer-reporting agency to which these disclosures may be made
is defined at 31 U.S.C. 3701(a)(3).

Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are maintained on a computer database as well as in hard
copy. All hard copy forms are loaded into an imaging system accessible
through internal systems only. Paper is stored in file cabinets at the
Pearson Government Solutions facility in Coralville, Iowa.

Retrievability:
The records are retrieved by the names of the individual user and/
or unique system User ID.

Safeguards:
All users of this system will have a unique user ID with a personal
identifier.
This system does not use persistent cookies (data that a Web server
causes to be placed on a user's hard drive) to implement
personalization. It is the policy of the Department to prohibit the use
of persistent cookies on Department Web sites except when: there is a
compelling need; there are appropriate safeguards in place; the use is
personally approved by the Secretary of Education; and there is clear
and conspicuous notice to the public.
All physical access to the Department site, and the sites of
Department contractors 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 offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a ``need-to-
know'' basis, and controls individual users'' ability to access and
alter records within the system.
All users of this system of records are given a unique user ID with
personal identifiers.
All interactions by individual users with the system are recorded.

Retention and Disposal:
SAIG, Participation Management enrollment forms will be retained by
the manager of the SAIG Participation Management System (Pearson
Government Solutions) for 6 years after the expiration of the contract.

System Manager(s) and Address:
Sue O'Flaherty, Deputy Director, Application Processing, U.S.
Department of Education, Students Channel, Federal Student Aid, Union
Center Plaza, 830 First Street NE., Room 32E2, Washington, DC 20202.

Notification Procedure:
If you wish to determine whether a record exists regarding you in
the system of records, contact the system manager. Your request must
meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.5, including proof of identity.

Record Access Procedures:
If you wish to gain access to a record regarding you in the system
of records, contact the system manager. Your request must meet the
requirements of the Department's Privacy Act regulations at 34 CFR
5b.5, including proof of identity.

Contesting Record Procedures:
If you wish to contest the content of a record regarding you in the
system of records, contact the system manager. Your request must meet
the requirements of the Department's Privacy Act regulations at 34 CFR
5b.7.

Record Source Categories:
Information in this system is obtained from the following entities:
financial aid administrators, postsecondary institutions, third-party
servicers, lenders, guaranty agencies, and state scholarship programs.

System Exempted From Certain Provision of the Privacy Act:
None.

[FR Doc. 05-1651 Filed 1-27-05; 8:45 am]

BILLING CODE 4000-01-P