FR Doc 2010-8959
[Federal Register: April 19, 2010 (Volume 75, Number 74)]
[Notices]               
[Page 20346-20350]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap10-26]              
         

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DEPARTMENT OF EDUCATION

 
Privacy Act of 1974; System of Records

AGENCY: Federal Student Aid, Department of Education.

ACTION: Notice of an altered system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), 5 United States Code (U.S.C.) 552a, the Chief Operating 
Officer for Federal Student Aid (FSA) of the U.S. Department of 
Education (the Department) publishes this notice proposing to revise 
the system of records entitled ``Student Aid Internet Gateway (SAIG), 
Participation Management System'' (18-11-10).
    The SAIG, Participation Management System is a system of records 
containing contact information that individuals affiliated with an 
authorized entity provide to request electronic access to the 
Department's Title IV Federal Student Aid Systems. This notice updates 
the categories of individuals covered by this system to include 
individuals affiliated with secondary schools, local educational 
agencies (LEAs) and States who are authorized by the Department and 
their respective secondary school, LEA or State to access the 
Department's Title IV Federal Student Aid Systems.
    This change to the SAIG, Participation Management System is needed 
to enable the Department to implement a program designed to improve 
access and promote enrollment in postsecondary education by 
facilitating students' completion of the Free Application for Federal 
Student Aid (FAFSA). As part of this program (the FAFSA Completion 
program), the Department will authorize a small number of secondary 
schools and LEAs to enroll through the SAIG,

[[Page 20347]]

Participation Management System to enable these entities to use the 
Department's Title IV Federal Student Aid Systems to obtain information 
about their students' completion of the FAFSA. In future years, the 
Department may seek to expand the FAFSA Completion program to other 
secondary schools, LEAs, and States across the Nation, which would 
substantially expand the number of secondary schools, LEAs and States 
approved by the Department to access the Department's Title IV Federal 
Student Aid Systems to determine whether their students have completed 
the FAFSA.
    While the FAFSA Completion program provided the initial impetus for 
the Department to update the SAIG, Participation Management System, the 
Department has also determined that other changes are appropriate. 
Specifically, through this notice, the Department proposes to update 
the system locations, the categories of records maintained in this 
system, the system's purposes, and the system's routine uses (by, for 
example, adding an additional routine use, as required by the Office of 
Management and Budget (OMB)).

DATES: We must receive your comments about this proposed system of 
records on or before May 19, 2010.
    The Department filed a report describing the altered system of 
records covered by this notice with the Chair of the Senate Committee 
on Homeland Security and Governmental Affairs, the Chair of the House 
Committee on Oversight and Government Reform, and the Administrator of 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget (OMB) on April 14, 2010. 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 May 24, 2010; or (2) the expiration of a 30-
day OMB Review period on May 19, 2010, if OMB grants the Department's 
request for a 10-day waiver of the review period, unless the system of 
records needs to be changed as a result of public comment or OMB 
review.

ADDRESSES: Address all comments about the proposed altered system of 
records to Director, Application Processing Division, Program 
Management Systems, 830 First Street, NE., room 63C4, Union Center 
Plaza (UCP), Washington, DC 20202-5454. If you prefer to send your 
comments through the Internet, use the following address: 
comments@ed.gov.
    You must include the term ``Student Aid Internet Gateway, 
Participation Management System'' in the subject line of your 
electronic message.
    During and after the comment period, you may inspect all public 
comments about this notice in room 44D2, UCP, 4th Floor, 830 First 
Street, NE., Washington, DC, between the hours of 8 a.m. and 4:30 p.m., 
local 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: Director, Application Processing 
Division, Program Management Systems, 830 First Street, NE., room 63C4, 
UCP, Washington, DC 20202-5454. Telephone number: (202) 377-3205. If 
you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
accessible format (e.g., braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION:

Preamble

    The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to 
publish in the Federal Register this notice of an altered system of 
records maintained 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-based, 
is called a ``system of records.''
    The Privacy Act requires each agency to publish notices of altered 
systems of records in the Federal Register and to prepare, whenever the 
agency publishes a new system of records or makes a significant change 
to an established system of records, reports to the Chair of House 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Chair of the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Administrator of the 
Office of Information and Regulatory Affairs, OMB.
    A system of records is considered ``altered'' whenever an agency 
expands the types or categories of information maintained, 
significantly expands the types or categories of individuals about whom 
records are maintained, changes the purpose for which the information 
is used, changes the equipment configuration in a way that creates 
substantially greater access to the records, or adds a routine use 
disclosure to the system. Since the last correction to this system of 
records, which was published in the Federal Register on January 28, 
2005 (70 FR 4112-4115), a number of changes are needed to update the 
current system of records. Most significantly, this notice updates the 
categories of individuals covered by this system to include individuals 
affiliated with secondary schools, LEAs and States who are authorized 
by the Department and their respective secondary school, LEA or State 
to access the Department's Title IV Federal Student Aid Systems. This 
notice also updates the system locations, the categories of records 
maintained in the system, the system's purposes, adds an additional 
routine use disclosure that is required by OMB, and makes other minor 
updates to the system.

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/index.html.
    To use PDF you must have the Adobe Acrobat Reader, which is 
available free at this site.

    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: April 14, 2010.
William J. Taggart,
Chief Operating Officer, Federal Student Aid U.S. Department of 
Education.
    For the reasons discussed in the preamble, the Chief Operating 
Officer, Federal Student Aid of the U.S.

[[Page 20348]]

Department of Education (Department) publishes a notice of an altered 
system of records to read as follows:
System Number:
    18-11-10.

SYSTEM NAME:
    Student Aid Internet Gateway (SAIG), Participation Management 
System.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Pearson, PLC, 2510 N. Dodge, Iowa City IA 52245-0030. (This 
facility hosts the database for the Participation Management System.)
    Vangent, Inc., 2450 Oakdale Boulevard, Coralville IA 52241-9728. 
(This facility stores paper documents that are held for less than 12 
months.)
    Iron Mountain, 4437 121st Street, Urbandale, IA 50323-2313. (This 
facility stores paper documents for documents that are held for more 
than 12 months.)
    Virtual Data Center (VDC), Dell Perot System, 2300 West Plano 
Parkway, Plano, TX 75075-8427. (This facility hosts the SAIG Enrollment 
Web site (titled FSAWebEnrollment.ed.gov) through which users enroll 
for electronic access to the Department's Title IV Federal Student Aid 
Systems.)

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on those individuals who are eligible 
to participate in the Department's Title IV Federal Student Aid 
Systems--to participate in the electronic exchange of data with the 
Department of Education via the SAIG, or enroll in the Participation 
Management System for access to the Department's Central Processing 
System (CPS) Online, eCampus-Based (eCB) System, National Student Loan 
Data System (NSLDS) Online, Common Origination and Disbursement (COD) 
System, Financial Management System (FMS), Debt Management and 
Collections System (DMCS), Title IV Additional Servicers (TIVAS), and 
Access Information Management System (AIMS). Those individuals eligible 
to participate include: student 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, authorized employees 
or representatives of State scholarship programs, authorized employees 
or representatives of States, authorized employees or representatives 
of LEAs, and authorized employees or representatives of secondary 
schools.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of contact information that individuals 
affiliated with an authorized entity (i.e., postsecondary institutions, 
third party servicers, lenders, guaranty agencies, State scholarship 
programs, States, LEAs and secondary schools that the Department 
authorizes to access the Department's Title IV Federal Student Aid 
Systems) provide to request electronic access to the Department's Title 
IV Federal Student Aid Systems. This contact information includes the 
individual's name, address, and other authentication information 
(mother's maiden name, user's Social Security number, and the user's 
date of birth).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title IV of the Higher Education Act of 1965, as amended (HEA); 20 
U.S.C. 1070 et seq. The collection of Social Security numbers of users 
of this system is authorized by 31 U.S.C. 7701 and Executive Order 
9397, as amended by Executive Order 13478 (November 18, 2008).

PURPOSE(S):
    The information in this system is maintained for the purposes of: 
(1) Processing stored data from the SAIG Enrollment Forms (Web and 
paper versions); (2) maintaining the SAIG Enrollment Web site (titled 
FSAWebEnrollment.ed.gov); (3) managing the assignment of individual 
electronic SAIG mailbox numbers, known as ``TG numbers''; and (4) 
authenticating users of the CPS Online, eCB System, NSLDS Online, COD 
System, FMS, DMCS, TIVAS, and AIMS.

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 
of 1974, as amended (Privacy Act), under a computer matching agreement.
    (1) Program Disclosures. The Department may disclose records 
maintained in the SAIG, Participation Management System for the purpose 
of allowing authorized users who are eligible to participate in the 
electronic exchange of data with the Department to transmit files to 
and from the following Department databases and access the Department's 
Web sites online, based on the approved program functions of each of 
the Department's systems that include, but are not limited to the 
following:
    (a) COD System;
    (b) CPS, under the Federal Student Aid Application File;
    (c) eCB System;
    (d) NSLDS;
    (e) FMS;
    (f) DMCS, under Common Services for Borrowers (CSB);
    (g) TIVAS; and
    (h) AIMS.
    (2) Freedom of Information Act (FOIA) or Privacy Act Advice 
Disclosure. The Department may disclose records to the Department of 
Justice (DOJ) or the Office of Management and Budget (OMB) if the 
Department seeks advice regarding whether records maintained in this 
system of records are required to be disclosed under the FOIA or the 
Privacy Act.
    (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 
to perform any function that requires disclosing records to the 
contractor's employees, the Department may disclose the records to 
those employees. Before entering into such a contract, the Department 
shall require the contractor to establish and maintain the safeguards 
required under the Privacy Act (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 following parties 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, 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 
where the DOJ agrees to or has been requested to provide or arrange for 
representation of the employee;

[[Page 20349]]

    (iv) Any Department employee in his or her individual capacity 
where the Department has agreed to represent the employee;
    (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 DOJ. If the Department determines that disclosure 
of certain records to the 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 or to 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, 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 the 
litigation or ADR, 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 in response to an inquiry from the 
Member made at the written request of the individual whose records are 
being disclosed. The Member's right to the information is no greater 
than the right of the individual who requested it.
    (8) Disclosure for Use by Other Law Enforcement Agencies. The 
Department may disclose information to any Federal, State, or local 
authority 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 receiving 
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) For Decisions by the Department. The Department may disclose a 
record to a Federal, State, or local agency maintaining civil, 
criminal, or other relevant enforcement or other pertinent records, or 
to another public authority or professional organization, if necessary 
to obtain information relevant to a 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 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. If a 
record is relevant and necessary to an employee grievance, complaint, 
or disciplinary action, 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 process 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.
    (13) Disclosure in the Course of Responding to a Breach of Data. 
The Department may disclose records from this system to appropriate 
agencies, entities, and persons when (a) the Department suspects or has 
confirmed that the security or confidentiality of information in the 
system of records has been compromised; (b) the Department has 
determined that as a result for the suspected or confirmed compromise 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by the Department or 
another agency or entity) that rely upon the compromised information; 
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 compromise and 
prevent, minimize, or remedy such harm.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosure pursuant to 5 U.S.C. 552a(b)(12): The Department may 
disclose the following information to a consumer-reporting agency 
regarding a valid overdue claim of the Department: (1) The name, 
address, taxpayer identification number and other information necessary 
to establish the identity of the individual responsible for the claim; 
(2) the amount, status, and history of the claim; and (3) the program 
under which the claim arose. The Department may disclose the 
information specified in this paragraph under 5 U.S.C. 552a(b)(12) and 
the procedures contained in 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).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in 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 documents less than 12-months old 
are stored in locked file cabinets at the Vangent, Inc.

[[Page 20350]]

facility in Coralville, Iowa. Paper documents older than 12 months are 
stored at Iron Mountain secure storage facility. Documents are stored 
for three years after final contract payment. After the three-year 
period, documents are subsequently sent to the Federal Records Center 
for storage.

RETRIEVABILITY:
    All individuals affiliated with authorized entities that have been 
granted access (``users of the SAIG, Participant Management System'') 
to the Department's Title IV Federal Student Aid Systems whose 
information is included in this system of records have a unique user 
identification (ID) with a password. Records are retrieved by the names 
of the individual user and/or their unique system User ID.

SAFEGUARDS:
    All users of the SAIG, Participation Management System will have a 
unique user ID with a password.
    All physical access to the data housed at the Pearson location and 
within the VDC, and the locations 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 interactions by users of the SAIG, Participation Management 
System are recorded.

RETENTION AND DISPOSAL:
    Documents are stored for 3 years after a user of the SAIG, 
Participation Management System's individual enrollment account is 
terminated or closed. Thereafter, documents are sent to the Federal 
Records Center for storage. These records are covered by the General 
Records Schedule (GRS) 24, Item 6(a). The retention requirement is to 
destroy/delete the record 6 years after the user account is terminated 
or password is altered, or when no longer needed for investigative or 
security purposes, whichever is later.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Application Processing Division, Program Management 
Systems, 830 First Street, NE., room 63C4, Union Center Plaza (UCP), 
Washington, DC 20202-5454.

NOTIFICATION PROCEDURE:
    If you wish to determine whether a record exists regarding you in 
this system of records, you must provide the system manager your name, 
date of birth, and Social Security number. Requests for notification 
about whether the system of records contains information about an 
individual 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 in this system, you must 
contact the system manager and provide information as described in the 
Notification Procedures. Such requests 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 or change the content of a record about you 
in the system of records, you must contact the system manager with the 
information described in the notification procedures. Requests to amend 
a record 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: 
student financial aid administrators, postsecondary institutions, 
third-party servicers, lenders, guaranty agencies, State scholarship 
programs, States, LEAs, and secondary schools.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2010-8959 Filed 4-16-10; 8:45 am]
BILLING CODE 4000-01-P