12 2 STA T .3 3 05PUBLIC LA W 110 – 315 — AU G .1 4, 200 8‘ ‘ (B)ensur e tha t the d ata i nthedatas y ste m are n o t b ein g used f or mar k eting p urposes
and ‘‘( C ) monitor the use of the data system by guaranty agen c ies and e l igible lenders to determine w hether an agency or lender is accessing the records of students in which the agency or lender has no e x isting financial interest; and ‘‘( 6 )de v eloping standardi z ed protocols for limiting access to the data system that include — ‘‘( A ) collecting data on the usage of the data system to monitor whether access has been or is being used con - trary to the purposes of the data system; ‘‘(B) defining the steps necessary for determining whether , and how, to deny or restrict access to the data system; and ‘‘(C) determining the steps necessary to reopen access to the data system following a denial or restriction of access .’ ’; and ( 4 ) by striking subsection (e) (as redesignated by paragraph ( 1 )) and inserting the following
‘‘(e) REPORTS TO CO NG RESS.— ‘‘(1) ANN UAL REPORT.— N ot later than S eptember 30 of each fiscal year, the Secretary shall prepare and submit to the authorizing committees a report describing— ‘‘(A) the effectiveness of existing privacy safeguards in protecting student and parent information in the data system; ‘‘(B) the success of any new authorization protocols in more effectively preventing abuse of the data system; ‘‘(C) the ability of the Secretary to monitor how the system is being used, relative to the intended purposes of the data system; and ‘‘( D ) any protocols developed under subsection (d)(6) during the preceding fiscal year. ‘‘( 2 ) STU DY .— ‘‘(A) I N GENERAL.— T he Secretary shall conduct a study regarding— ‘‘(i) available mechanisms for providing students and parents with the ability to opt in or opt out of allowing eligible lenders to access their records in the National Student L oan Data System; and ‘‘(ii) appropriate protocols for limiting access to the data system, based on the risk assessment re q uired under subchapter III of chapter 3 5 of title 44, U nited States Code. ‘‘(B) SU BMI SSION O F STUDY.—Not later than three years after the date of enactment of the H igher E ducation O ppor- tunity Act, the Secretary shall prepare and submit a report on the findings of the study under subparagraph (A) to the authorizing committees.’’. SEC.490 .E ARLY A W ARE N ESS OF F I NANCIAL AI D ELI G I B ILI T Y. P art G of title I V (20 U.S.C. 10 8 8 et seq.) is amended by inserting after section 485D (20 U.S.C. 10 9 2c) the following: ‘ ‘SEC. 4 85 E. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY. ‘‘(a) IN GENERAL.—The Secretary shall implement, in coopera- tion with States, institutions of higher education, secondary schools, 20USC1 0 9 2 f.
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