Notice2024-01356
Privacy Act of 1974; System of Records
Primary source
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Published
January 24, 2024
Effective
January 24, 2024
Issuing agencies
National Science Foundation
Abstract
The National Science Foundation (NSF) is establishing a new system of records, "Student Loan Repayment Program Case Files, NSF- 82," in connection with the recruitment of highly qualified job candidates and retention of highly qualified employees by paying off their Federally insured student loans. The agency will use this system to maintain and retrieve applications from individuals seeking such student loan repayment benefits, service agreements signed by individuals receiving such benefits, lender information, loan balances and repayment history, and other related program information and documentation for such individuals. Information in this system of records will be collected through various sources, including directly from the individual to whom the information applies, and from NSF officials, official NSF documents, student loan lenders or other agencies or third parties.
Full Text
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<title>Federal Register, Volume 89 Issue 16 (Wednesday, January 24, 2024)</title>
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[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Notices]
[Pages 4628-4631]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01356]
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NATIONAL SCIENCE FOUNDATION
Privacy Act of 1974; System of Records
AGENCY: National Science Foundation.
ACTION: Notice of a new system of records.
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SUMMARY: The National Science Foundation (NSF) is establishing a new
system of records, ``Student Loan Repayment Program Case Files, NSF-
82,'' in connection with the recruitment of highly qualified job
candidates and retention of highly qualified employees by paying off
their Federally insured student loans. The agency will use this system
to maintain and retrieve applications from individuals seeking such
student loan repayment benefits, service agreements signed by
individuals receiving such benefits, lender information, loan balances
and repayment history, and other related program information and
documentation for such individuals. Information in this system of
records will be collected through various sources, including directly
from the individual to whom the information applies, and from NSF
officials, official NSF documents, student loan lenders or other
agencies or third parties.
DATES: This system of records notice is effective as of January 24,
2024. The routine uses described in this notice will take effect on
February 26, 2024, unless modified by a subsequent notice to
incorporate comments received from the public. Submit comments on or
before February 23, 2024.
ADDRESSES: You may submit comments, identified as ``SORN NSF-82
(Student Loan Repayment Program),'' by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Email: Jennifer Carter, Human Resources Specialist, at
<a href="/cdn-cgi/l/email-protection#553f30363427213027153b26337b323a23"><span class="__cf_email__" data-cfemail="a9c3cccac8dbddccdbe9c7dacf87cec6df">[email protected]</span></a>. Include ``SORN NSF-82 (Student Loan Repayment
Program)'' in the subject line of the message.
<bullet> Mail: Jennifer Carter, Human Resources Specialist,
Division of Human Resource Management, National Science Foundation,
2415 Eisenhower Ave., Alexandria, VA 22314.
Instructions: NSF will post all comments on the NSF's website
(<a href="https://www.nsf.gov/">https://www.nsf.gov/</a>). All comments submitted in response to this
Notice will become a matter of public record. Therefore, you should
submit only information that you wish to make publicly available.
FOR FURTHER INFORMATION CONTACT: Jennifer Carter, Human Resources
Specialist, <a href="/cdn-cgi/l/email-protection#e8828d8b899a9c8d9aa8869b8ec68f879e"><span class="__cf_email__" data-cfemail="0e646b6d6f7c7a6b7c4e607d6820696178">[email protected]</span></a>, 703-292-8060, or Sandra Evans, NSF FOIA/
PA Officer, <a href="/cdn-cgi/l/email-protection#f88b9d8e99968bb8968b9ed69f978e"><span class="__cf_email__" data-cfemail="661503100708152608150048010910">[email protected]</span></a>, 703-292-8060.
SUPPLEMENTARY INFORMATION: The Student Loan Repayment Program authority
(5 U.S.C. 5379) is one of several hiring flexibilities made available
to agencies to attract and retain highly qualified individuals for
Federal service by allowing agencies to repay their Federally insured
student loans. Individuals approved for this benefit must agree to
complete a specified period of service with the agency, or to reimburse
the agency if they fail to complete that term of service or violate
certain other conditions of their service agreement. See 5 CFR part 537
(Office of Personnel Management (OPM) student loan repayment
regulations). This NSF system of records will be used to document
requests (applications) from such individuals for such repayment
benefits, service agreements signed by individuals approved to receive
such benefits, benefit amounts, lender and loan history, and other loan
repayment or loan benefit reimbursement information (including any
request to waive the reimbursement obligation) specific to each
individual. Information maintained in this system will be used to
administer, document, and track the repayment of these loans (or
reimbursement of the loan repayment benefit, where applicable), to make
individual case files available to, and prepare annual reports for, OPM
on NSF's use of the student loan repayment program authority, and to
seek and collect reimbursement from individuals who fail to fulfill
their service obligation or violate other terms and conditions of their
agreement.
SYSTEM NAME AND NUMBER:
Student Loan Repayment Program Case Files, NSF-82.
SECURITY CLASSIFICATION:
Unclassified.
[[Page 4629]]
SYSTEM LOCATION:
National Science Foundation (NSF), 2415 Eisenhower Ave.,
Alexandria, VA 22314.
SYSTEM MANAGER(S):
Branch Chief, Division of Human Resource Management, NSF, 2415
Eisenhower Ave., Alexandria, VA 22314.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 5379; 5 CFR part 537.
PURPOSE(S) OF THE SYSTEM:
These records are maintained in order to process requests
(applications) from or on behalf of highly qualified current or
prospective NSF employees for student loan repayment benefits; to
determine their eligibility for such benefits; to administer and
document the agency's repayment of such loans, including service
agreements that these individuals must sign in order to receive loan
repayment benefits; and for debt collection purposes, in the case of
individuals who fails to fulfill that agreement and must reimburse the
agency, if the agency does not waive that obligation. In such cases,
records may be incorporated, as relevant and necessary, into NSF's
Privacy Act system of delinquent debtor files, and routinely used and
disclosed as described in the system of records notice (SORN) for that
system, SORN NSF-57. Furthermore, where the records indicate false
statements, fraud, or other possible law violations, they may also be
referred to law enforcement for investigation, prosecution, or other
enforcement action. The records in this system are also used by NSF to
prepare reports for OPM, and to make loan repayment case records
available for OPM inspection upon request, as required by 5 CFR part
537.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records (Including related correspondence)
retrieved by the name or other identifier(s) personally assigned to
individuals who have been or are being considered for student loan
repayment benefits under NSF's Student Loan Repayment Program, which
includes individuals who have been approved for or denied such
benefits.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains correspondence and any other documents or
information relating to or resulting from requests made by highly
qualified job candidates or current NSF employees, or on their behalf,
to receive student loan repayment benefits from NSF. System records
include: (1) Request letters from a selecting official or supervisor of
the individual with supporting documentation; (2) information from or
about these individuals, including names, home and work addresses,
Social Security numbers, student loan account numbers, loan balances,
repayment schedule, repayment history, and repayment status, and copies
of their individual service agreements; (3) information about the
lending institution, servicer, or other holder of an individual's
student loan(s), including's name, address and telephone number; and
(4) agency determinations on requests for loan repayment benefits,
including whether the request was approved or denied, and any
additional correspondence or other documentation relating to the
administration or denial of the loan repayment benefit to the
individual. Where an individual is or may be required to reimburse the
agency for failure to complete the required period of service or to
fulfill other conditions of their service agreement, system records may
also notices, demand letters or other communications with the
individual regarding that obligation, requests from or on behalf of
such individuals for the agency to waive that obligation, and the
agency's determination or disposition of such requests, including any
referral for collection purposes, if the request is denied in whole or
part.
RECORD SOURCE CATEGORIES:
Information in the system of records is obtained from the
individual to whom the information applies, lending institutions
holding student loans for the individual, NSF officials, and from other
NSF or third-party records, as appropriate and necessary.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
The following NSF standard routine uses apply:
1. Members of Congress. Information from a system may be disclosed
to congressional offices in response to inquiries from the
congressional offices made at the request of the individual to whom the
record pertains.
2. Freedom of Information Act/Privacy Act Compliance. Information
from a system may be disclosed to the Department of Justice or the
Office of Management and Budget in order to obtain advice regarding
NSF's obligations under the Freedom of Information Act and the Privacy
Act.
3. Counsel. Information from a system may be disclosed to NSF's
legal representatives, including the Department of Justice and other
outside counsel, where the agency is a party in litigation or has an
interest in litigation and the information is relevant and necessary to
such litigation, including when any of the following is a party to the
litigation or has an interest in such litigation: (a) NSF, or any
component thereof; (b) any NSF employee in his or her official
capacity; (c) any NSF employee in his or her individual capacity, where
the Department of Justice has agreed to, or is considering a request
to, represent the employee; or (d) the United States, where NSF
determines that litigation is likely to affect the agency or any of its
components.
4. National Archives, General Services Administration. Information
from a system may be disclosed to representatives of the General
Services Administration and the National Archives and Records
Administration (NARA) during the course of records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
5. Response to an Actual or Suspected Compromise or Breach of
Personally Identifiable Information. NSF may disclose information from
the system to appropriate agencies, entities, and persons when: (1) NSF
suspects or has confirmed that there has been a breach of the system of
records; (2) NSF has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals; NSF (including
its information systems, programs, and operations); the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with NSF efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm. Furthermore, NSF
may disclose information from the system to another Federal agency or
Federal entity, when NSF determines that information from this system
of records is reasonably necessary to assist the recipient agency or
entity in: (1) Responding to a suspected or confirmed breach; or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
6. Courts. Information from a system may be disclosed to the
Department of Justice or other agencies in the event of a pending court
or formal administrative proceeding, when the information is
[[Page 4630]]
relevant and necessary to that proceeding, for the purpose of
representing the government, or in the course of presenting evidence,
or the information may be produced to parties or counsel involved in
the proceeding in the course of pre-trial discovery.
7. Contractors. Information from a system may be disclosed to
contractors, agents, experts, consultants, or others performing work on
a contract, service, cooperative agreement, job, or other activity for
NSF and who have a need to access the information in the performance of
their duties or activities for NSF.
8. Audit. Information from a system may be disclosed to government
agencies and other entities authorized to perform audits, including
financial and other audits, of the agency and its activities.
9. Law Enforcement. Information from a system may be disclosed,
where the information indicates a violation or potential violation of
civil or criminal law, including any rule, regulation or order issued
pursuant thereto, to appropriate Federal, State, or local agencies
responsible for investigating, prosecuting, enforcing, or implementing
such statute, rule, regulation, or order.
10. Disclosure When Requesting Information. Information from a
system may be disclosed to Federal, State, or local agencies which
maintain civil, criminal, or other relevant enforcement information or
other pertinent information, such as current licenses, if necessary, to
obtain information relevant to an agency decision concerning the hiring
or retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
11. To the news media and the public when: (1) A matter has become
public knowledge, (2) the NSF Office of the Director determines that
disclosure is necessary to preserve confidence in the integrity of NSF
or is necessary to demonstrate the accountability of NSF's officers,
employees, or individuals covered by this system, or (3) the Office of
the Director determines that there exists a legitimate public interest
in the disclosure of the information, except to the extent that the
Office of the Director determines in any of these situations that
disclosure of specific information in the context of a particular case
would constitute an unwarranted invasion of personal privacy.
In addition to the above standard routine uses, the following
routine uses shall apply:
12. Personnel Management Disclosure. NSF may disclose as a routine
use to the U.S. Office of Personnel Management (OPM) any records or
information in this system of records that OPM requests or requires
pursuant to OPM's oversight and regulatory functions of this program.
13. Salary Offset or Debt Collection Disclosures. NSF may disclose
records in this system to other Federal agencies, hearing or court
officials, and present employers of the subject individual in order for
NSF to obtain repayment, if the individual fails to complete the period
of employment under a service agreement and fails to reimburse NSF the
amount of any student loan repayment benefits the individual received
from NSF. (Records may also be incorporated where relevant and
necessary into NSF's system of delinquent debtor files, and routinely
used and disclosed in accordance with the system of records (SORN)
notice for that system. See SORN NSF-57, or any successor SORN.)
14. Disclosure to other Federal agencies. NSF may disclose records
in this system to its payroll processing provider in order to calculate
tax withholdings and disburse payments of student loan repayment
benefits to loan holders on behalf of employees approved to receive
this benefit.
15. Disclosure to Student Lending Institutions or Loan Holders. NSF
may disclose to student lending institutions or loan holders records
from this system as a routine use disclosure in order to obtain
information (such as the borrower's account number, original and
current loan balance, repayment schedule, repayment history, and
current repayment status) to allow NSF to determine an individual's
initial and continuing eligibility for this program, to facilitate
accurate payments to student loan holders on behalf of eligible
individuals, and to ensure NSF discontinues making student loan
repayments to individuals who do not remain eligible for them during
the period of the service agreement. For the same reason, and to ensure
that loan payments made by the agency do not exempt an employee from
his or her responsibility and/or liability for any loan(s) the
individual has taken out, NSF also may disclose to loan holders records
from this system of records as a routine use disclosure in the event it
becomes known to NSF during the course of its program eligibility
determinations that an individual is past due, delinquent, or in
default of a federally insured student loan.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored electronically in secure
facilities or on paper. Electronic records are maintained in a secure
password-protected environment. Permission-level assignments will allow
internal agency users access only to those functions for which they are
authorized. All paper records are maintained in secure, access-
controlled areas or buildings. Paper records are stored in a locked
drawer, behind a locked door or at a secure offsite location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by an individual's name or other personally
assigned identifier such as an email address or phone number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
System records are retained and destroyed in accordance with the
NARA Records Schedule 2.4; item 090 (incentive package records).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable law, rules, and policies, including all applicable NSF
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information that
is being stored. Access to the computer system containing electronic
records in this system is limited to those individuals who have a need
to know the information for the performance of their official duties.
These records are maintained in a secure password-protected
environment. All users are required to take annual NSF IT Security and
Privacy Awareness Training, which covers the procedures for handling
Controlled Unclassified Information, including personally identifiable
information (PII).
RECORD ACCESS PROCEDURES:
Individuals seeking to access information about themselves
contained in this system are required to follow the procedures found at
45 CFR part 613.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest information about themselves
contained in this system are required to follow the procedures found at
45 CFR part 613.
NOTIFICATION PROCEDURES:
Individuals requesting access to or contesting records contained in
this
[[Page 4631]]
system will be notified according to the procedures found at 45 CFR
part 613.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Dated: January 19, 2024.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science Foundation.
[FR Doc. 2024-01356 Filed 1-23-24; 8:45 am]
BILLING CODE 7555-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.