Page:United States Statutes at Large Volume 112 Part 2.djvu/732

 112 STAT. 1616 PUBLIC LAW 105-244 —OCT. 7, 1998 for the electronic transmission of information necessary for the administration of programs under title IV. "(b) PARTICIPATION IN STANDARD SETTING ORGANIZATIONS.— "(1) The Chief Operating Officer shall participate in the activities of standard setting organizations in carrying out the provisions of this section. "(2) The Chief Operating Officer shall encourage higher education groups seeking to develop common forms, standards, and procedures in support of the delivery of Federal student financial assistance to conduct these activities within a standard setting organization. "(3) The Chief Operating Officer may pay necessary dues and fees associated with participating in standard setting organizations pursuEmt to this subsection. "(c) ADOPTION OF VOLUNTARY CONSENSUS STANDARDS.— Except with respect to the common financial reporting form under section 483(a), the Secretary shall consider adopting voluntary consensus standards agreed to by the organization described in subsection (b) for transactions required under title IV, and common data elements for such transactions, to enable information to be exchanged electronically between systems administered by the Department and among participants in the Federal student aid delivery system. "(d) USE OF CLEARINGHOUSES. — Nothing in this section shall restrict the ability of participating institutions and lenders from using a clearinghouse or servicer to comply with the standards for the exchange of information established under this section. "(e) DATA SECURITY.—Any entity that maintains or transmits information under a transaction covered by this section shall maintain reasonable and appropriate administrative, technical, and physical safeguards— "(1) to ensure the integrity and confidentiality of the information; and "(2) to protect against any reasonably anticipated security threats, or unauthorized uses or disclosures of the information. "(f) DEFINITIONS. — " (1) CLEARINGHOUSE. —The term 'clearinghouse' means a public or private entity that processes or facilitates the processing of nonstandard data elements into data elements conforming to standards adopted under this section. "(2) STANDARD SETTING ORGANIZATION. — The term 'standard setting organization' means an organization that— "(A) is accredited by the American National Standards Institute; "(B) develops standards for information transactions, data elements, or any other standard that is necessary to, or will facilitate, the implementation of this section; and "(C) is open to the participation of the various entities engaged in the delivery of Federal student financial assistance. "(3) VOLUNTARY CONSENSUS STANDARD. —The term 'voluntary consensus standard' means a standard developed or used by a standard setting organization described in paragraph (2).". (b) REPEAL OF OLD GENERAL PROVISIONS. —Title XII (20 U.S.C. 1141 et seq.) is repealed.

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