[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Notices]
[Pages 4628-4631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01356]


=======================================================================
-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Privacy Act of 1974; System of Records

AGENCY: National Science Foundation.

ACTION: Notice of a new system of records.

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

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:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: Jennifer Carter, Human Resources Specialist, at 
[email protected]. Include ``SORN NSF-82 (Student Loan Repayment 
Program)'' in the subject line of the message.
     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 
(https://www.nsf.gov/). 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, [email protected], 703-292-8060, or Sandra Evans, NSF FOIA/
PA Officer, [email protected], 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