Page:United States Statutes at Large Volume 122.djvu/3327

 12 2 STA T .3 3 04PUBLIC LA W 110 – 31 5— AU G .14 , 200 8(B)inpar a g rap h ( 5 )(a s a d d e d byPu b l i cL a w10 1 –6 10) , bys t ri k ing ‘ ‘e f fecti v eness .’ ’ and inserting ‘‘effective - ness ’’; and ( C ) by redesignating paragraph (5) (as added by Public Law 101– 234 ) as paragraph (6); (2) by redesignating subsecti o ns (d) through (g) as sub- sections (e) through (h), respectively; and (3) by inserting after subsection (c) the following

‘‘(d) P RINC I PLESFO R ADM INIS T ERIN G T H E DA TA SY STEM. —I n m anaging the N ational Student Loan Data System, the Secretary shall take actions necessary to maintain confidence in the data system, including, at a minimum— ‘‘(1) ensuring that the primary purpose of access to the data system by guaranty agencies, eligible lenders, and eligible institutions of higher education is for legitimate program oper- ations, such as the need to verify the eligibility of a student, potential student, or parent for loans under part B, D, or E ‘‘(2) prohibiting nongovernmental researchers and policy analysts from accessing personally identifiable information; ‘‘(3) creating a disclosure form for students and potential students that is distributed when such students complete the common financial reporting form under section 4 8 3, and as apartofthee x it counseling process under section 485(b), that— ‘‘(A) informs the students that any title I V grant or loan the students receive will be included in the National Student Loan Data System, and instructs the students on how to access that information; ‘‘(B) describes the categories of individuals or entities that may access the data relating to such grant or loan through the data system, and for what purposes access is allowed; ‘‘(C) defines and explains the categories of information included in the data system; ‘‘(D) provides a summary of the provisions of section 444 of the G eneral Education Provisions Act (the F amily Educational R ights and Privacy Act of 1 97 4) and other applicable Federal privacy statutes, and a statement of the students’ rights and responsibilities with respect to such statutes; ‘‘(E) explains the measures taken by the Department to safeguard the students’ data; and ‘‘(F) includes other information as determined appro- priate by the Secretary; ‘‘(4) re q uiring guaranty agencies, eligible lenders, and eligible institutions of higher education that enter into an agree- ment with a potential student, student, or parent of such stu- dent regarding a loan under part B, D, or E, to inform the student or parent that such loan shall be— ‘‘(A) submitted to the data system; and ‘‘(B) accessible to guaranty agencies, eligible lenders, and eligible institutions of higher education determined by the Secretary to be authori z ed users of the data system; ‘‘(5) regularly reviewing the data system to— ‘‘(A) delete inactive users from the data system;

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