[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Notices]
[Pages 12081-12085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05015]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2016-FSA-0014]
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 U.S.C. 552a, the Chief Operating Officer, Federal
Student Aid, of the U.S. Department of Education (Department) publishes
this notice proposing an altered system of records for the Office of
the Student Loan Ombudsman Records (18-11-11).
The Department created the Office of the Student Loan Ombudsman
Records system to support the administration of title IV of the Higher
Education Act of 1965, as amended (HEA); to receive, review, and
attempt to resolve complaints from customers of Federal Student Aid
programs, and to resolve such complaints within the Department and with
institutions of higher education, lenders, guaranty agencies, loan
servicers, and other participants in the loan programs; and to compile
and analyze data on borrower complaints and make appropriate
recommendations.
The Department seeks comments on the altered system of records
described in this notice, in accordance with the requirements of the
Privacy Act.
DATES: Submit your comments on this notice of an altered system of
records on or before April 7, 2016.
The Department filed a report describing the altered system of
records covered by this notice with the Chair of the Senate Committee
on Homeland
[[Page 12082]]
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 February 23, 2016. This altered system of records will become
effective on the later date of: (1) The expiration of the 40-day period
for OMB review on April 4, 2016, unless OMB waives 10 days of the 40-
day review period for compelling reasons shown by the Department; or
(2) April 7, 2016, unless the system of records requires changes as a
result of public comment or OMB review. The Department will publish any
changes to the altered system of records resulting from public comment
or OMB review.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID and the term ``Office of the Student Loan Ombudsman Records''
at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under the ``Help'' tab.
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about this system of records, address
them to: Joyce DeMoss, Ombudsman/Director, Ombudsman Group, Customer
Experience, Federal Student Aid, U.S. Department of Education, 830
First Street NE., 4th Floor/MC-5144, Union Center Plaza (UCP),
Washington, DC 20202-5144. Telephone: (202) 377-3992.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request, we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Ombudsman/Director, Ombudsman Group,
Customer Experience, Federal Student Aid, U.S. Department of Education,
830 First Street NE., 4th Floor/MC-5144, Union Center Plaza (UCP),
Washington, DC 20202-5144. Telephone: (202) 377-3992.
If you use a telecommunications device for the deaf or text
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., braille, large print, audiotape, or compact
disc) on request to the contact person listed in this section.
SUPPLEMENTARY INFORMATION:
Preamble
The Privacy Act (5 U.S.C. 552a (e)(4) and (11)) requires the
Department to publish in the Federal Register this notice of an altered
system of records. 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 information about an individual that is
maintained in a system of records from which information is retrieved
by a unique identifier associated with the individual, such as a name
or Social Security number (SSN). The information about the individual
is called a ``record,'' and the system, whether manual or computer
based, is called a ``system of records.''
The Privacy Act requires agencies to publish a notice in the
Federal Register and to prepare a report to the Administrator of the
Office of Information and Regulatory Affairs, OMB whenever the agency
publishes a new system of records or makes a significant change to an
established system of records. Each agency is also required to send
copies to the Chair of the Senate Committee on Homeland Security and
Governmental Affairs and the Chair of the House Committee on Oversight
and Government Reform. These reports are intended to permit an
evaluation of the probable or potential effect of the proposal on the
privacy rights of individuals.
This system collects records on individuals who are, were, or may
be participants in any of the Student Financial Assistance Programs
under title IV of the HEA, and who request assistance, directly or
through a designated third party, from the Ombudsman. The Office of the
Student Loan Ombudsman Records system collects the information for a
number of purposes related to the duties and responsibilities of the
Ombudsman, including: Verifying the identities of individuals;
recording complaints and comments; tracking individual cases through
final resolution; reporting trends; analyzing the data to recommend
improvements in Student Financial Assistance Programs; and assisting in
the resolution of disputes.
The Office of the Student Loan Ombudsman Records system consists of
a variety of records that identify the individuals' complaints,
requests for assistance, or other inquiries. Records include, but are
not limited to: Written documentation of the individual's complaint,
request for assistance, or other comment or inquiry; and information
pertaining to the student's or parent's title IV Student Financial
Assistance Program account(s), such as the person's name, SSN, date of
birth, address, telephone number(s), and Federal Student Aid ID (FSA
ID). Additionally, records include the name, address, and phone numbers
of school(s), lender(s), secondary holder(s) or lender(s), guaranty
agency(ies), servicer(s), and private collection agency(ies), if
applicable.
On December 27, 1999, the Department published the first Privacy
Act System of Record Notice (SORN) issuance for the Office of the
Student Loan Ombudsman Records. This SORN has not been amended since
this original date of publication. Given the amount of time that has
passed, we have provided a summary of the changes and the corresponding
rationale.
First, we altered the system location section because the Office of
the Student Loan Ombudsman Records system will now be hosted by a cloud
provider.
Second, we amended routine uses (1), (2), and (3). We modified
routine use (1), Program Disclosure, to permit disclosures to be made
for additional programmatic reasons to private collection agencies and
Federal agencies in order to obtain further information about a
complaint, request for assistance, or other inquiry before it can be
resolved. Routine use (2), Disclosure for Use by Other Law Enforcement
Agencies, and routine use (3), Enforcement Disclosure, were both
modified to remove the limitation that disclosures could only be made
for possible violations of criminal laws and
[[Page 12083]]
civil fraud and to permit disclosures to be made for other possible
civil or administrative violations of the law.
Third, we added new routine uses (9), (10), and (11). Routine use
(9), Borrower Complaint Disclosure, was added to accommodate sharing
data regarding borrower complaints that were filed by borrowers with
other agencies, such as the Consumer Financial Protection Bureau
(CFPB). We added routine use (10), Freedom of Information Act (FOIA)
and Privacy Act Advice Disclosure, so that we could make disclosures
from this system to OMB and the Department of Justice (DOJ) to obtain
advice on FOIA and Privacy Act requests for records in this system of
records.
Lastly, we added routine use (11), Disclosure in the Course of
Responding to a Breach of Data, to comply with OMB's guidance, in OMB
Memorandum 07-16, which advised the Department to add this routine use
to appropriate systems.
Electronic Access to This Document: 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 via the Federal Digital System
at: www.gpo.gov/fdsys. 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.
Dated: March 2, 2016.
James W. Runcie,
Chief Operating Officer, Federal Student Aid.
For the reasons discussed in the preamble, the Chief Operating
Officer of Federal Student Aid of the U.S. Department of Education
(Department) publishes a notice of an altered system of records to read
as follows:
SYSTEM NUMBER:
18-11-11
SYSTEM NAME:
Office of the Student Loan Ombudsman Records.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Salesforce Data Center, primary data center in 44521 Hastings
Drive, Ashburn, VA 20147. The system is accessible via the Internet to
different categories of users, including Department personnel,
customers, and designated agents of the Department. As a result, these
users may be at any location where they have Internet access.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individuals who are, were, or may
be participants in any of the Student Financial Assistance Programs
under title IV of the Higher Education Act of 1965, as amended (HEA),
and who request assistance, directly or through a designated third
party, from the Ombudsman.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of a variety of records that identify the
individuals' complaints, requests for assistance, or other inquiries.
Records include, but are not limited to: Written documentation of the
individual's complaint, request for assistance, or other comment or
inquiry; and information pertaining to the student's or parent's title
IV Student Financial Assistance Program account(s), such as the
person's name, Social Security number (SSN), date of birth, address,
telephone number(s), and Federal Student Aid ID (FSA ID). Additionally,
records will include the name, address, and phone numbers of school(s),
lender(s), secondary holder(s) or lender(s), guaranty agency(ies),
servicer(s), and private collection agency(ies), if applicable.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 141(f) of the HEA (20 U.S.C. 1018(f)).
PURPOSE(S):
The information contained in this system will be used for a number
of purposes related to the duties and responsibilities of the
Ombudsman, including: Verifying the identities of individuals;
recording complaints and comments; tracking individual cases through
final resolution; reporting trends; analyzing the data to recommend
improvements in Student Financial Assistance Programs; and assisting in
the resolution of disputes.
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 Disclosure. The Department may disclose records to
Federal agencies, State agencies, schools, lenders, guaranty agencies,
servicers, and private collection agencies when it is necessary to
obtain further information about the complaint, request for assistance,
or other inquiry before it can be resolved.
(2) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public 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.
(3) 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.
(4) 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 such litigation
or ADR, the Department may disclose certain records to the parties
described in paragraphs (b), (c), and (d) of this routine use under the
conditions specified in those paragraphs:
(i) The Department, or any component of the Department;
(ii) Any Department employee in his or her official capacity;
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has been requested to or has agreed to
provide or arrange for representation for the employee;
[[Page 12084]]
(iv) Any Department employee in his or her individual capacity if
the Department has agreed to represent the employee; or
(v) The United States if the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to the DOJ. If the Department determines that
disclosure of certain records to the DOJ is relevant and necessary to
litigation or ADR, the Department may disclose those records as a
routine use to the DOJ.
(c) Adjudicative Disclosures. If the Department determines that it
is relevant and necessary to the litigation or ADR to disclose certain
records to an adjudicative body before which the Department is
authorized to appear, to an individual, or to 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, individual, or entity.
(d) Disclosures to parties, counsels, 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) Borrower Complaint Disclosure. If a record is relevant and
necessary to a borrower complaint regarding participants in any Student
Financial Assistance Programs under title IV of the HEA, the Department
may disclose a record from this system of records in the course of
investigating, fact-finding, or adjudicating the complaint to: Any
party to the complaint; the party's counsel or representative; a
witness; or 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 the investigation, fact-finding, or
adjudication.
(10) Freedom of Information Act (FOIA) and Privacy Act Advice
Disclosure. The Department may disclose records from this system of
records to the DOJ or 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.
(11) 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 the security or confidentiality of
information in this system has been compromised; (b) the Department has
determined that as a result of 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 by
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 the Department's efforts to respond to
the suspected or confirmed compromise and prevent, minimize, or remedy
such harm.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records will be maintained either in hard copy or in an
electronic database.
RETRIEVABILITY:
Records are indexed by SSN, name, date of birth, and case tracking
number.
SAFEGUARDS:
Access to and use of these records shall be limited to those
persons whose official duties require access. This includes staff
members of the Office of the Student Loan Ombudsman, other Department
offices, and agents of the Department. All physical access to the site
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 offers a high degree of resistance to tampering
and circumvention. This security system limits data access to 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 IDs with personal identifiers. All
interactions by individual users with the system are recorded.
RETENTION AND DISPOSAL:
The records are retained for 10 years after cut off on close of
case or final determination, and then destroyed in accordance with the
Department's records retention and disposition schedule 052 FSA
Ombudsman Case Files.
SYSTEM MANAGER(S) AND ADDRESS:
Ombudsman, Federal Student Aid, U.S. Department of Education, 830
First Street NE., Room 41I1, 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.
[[Page 12085]]
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 is obtained from the individuals (e.g., borrowers),
Federal agencies, State agencies, schools, lenders, private collection
agencies, and guaranty agencies.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2016-05015 Filed 3-7-16; 8:45 am]
BILLING CODE 4000-01-P