Privacy Act of 1974; System of Records-Office of Hearings and Appeals (OHA) Records System, 62605-62609 [2013-24688]
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Notices
62605
Component
Description
Submission method
Electronic Other—Corrections ........
With the applicant’s permission, corrections can be made by a FAA
using the EDE.
Paper SAR—This is a SAR and an
option for corrections.
The full paper summary that is mailed to paper applicants who did
not provide an e-mail address and to applicants whose records
were rejected due to critical errors during processing. Applicants
can write corrections directly on the paper SAR and mail for processing.
An institution can use FAA Access to correct the FAFSA ....................
The FAA may be using their mainframe computer or software to
facilitate the EDE process.
Mailed by the applicant.
FAA Access—Corrections ...............
Internal Department Corrections .....
The Department will submit an applicant’s record for system-generated corrections.
FSAIC Corrections ..........................
Any applicant, with their Data Release Number (DRN), can change
the postsecondary institutions listed on their FAFSA or change
their address by calling FSAIC.
The eSAR is an online version of the SAR that is available on FOTW
to all applicants with a PIN. Notifications for the eSAR are sent to
students who applied electronically or by paper and provided an email address. These notifications are sent by e-mail and include a
secure hyperlink that takes the user to the FOTW site.
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SAR Electronic (eSAR) ...................
This information collection also
documents an estimate of the annual
public burden as it relates to the
application process for federal student
aid. The Applicant Burden Model
(ABM), measures applicant burden
through an assessment of the activities
each applicant conducts in conjunction
with other applicant characteristics and
in terms of burden, the average
applicant’s experience. Key
determinants of the ABM include:
D The total number of applicants that
will potentially apply for federal
student aid;
D How the applicant chooses to
complete and submit the FAFSA (e.g.,
by paper or electronically via FOTW);
D How the applicant chooses to
submit any corrections and/or updates
(e.g., the paper SAR or electronically via
FOTW Corrections);
D The type of SAR document the
applicant receives (eSAR, SAR
acknowledgment, or paper SAR);
D The formula applied to determine
the applicant’s EFC (full need analysis
formula, Simplified Needs Test or
Automatic Zero); and
D The average amount of time
involved in preparing to complete the
application.
The ABM is largely driven by the
number of potential applicants for the
application cycle. The total application
projection for 2014–2015 is based upon
two factors—estimates of the total
enrollment in all degree-granting
institutions and the percentage change
in FAFSA submissions for the last
completed or almost completed
application cycle. The ABM is also
based on the application options
available to students and parents. The
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Department accounts for each
application component based on Web
trending tools, survey information, and
other Department data sources.
For 2014–2015, the Department is
reporting a net burden increase of
204,513 hours attributed to the increase
in applicants.
In response to the 60-day comment
period, the Department has made some
changes to the application explained in
the Summary of Enhancements (see
Summary of Enhancements to the 2014–
2015 Free Application for Federal
Student Aid). We project that these
changes will not substantively impact
burden.
Dated: October 17, 2013.
Stephanie Valentine,
Acting Director, Information Collection
Clearance Division, Privacy, Information and
Records Management Services, Office of
Management.
[FR Doc. 2013–24672 Filed 10–21–13; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of
Records—Office of Hearings and
Appeals (OHA) Records System
Office of Hearings & Appeals,
Office of Management, Department of
Education.
ACTION: Notice of a new system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), the Department of
Education (Department) publishes this
notice of a new system of records
SUMMARY:
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Submitted through www.faaacess.
ed.gov by a FAA on behalf of an
applicant.
There is no burden to the applicants under this correction type
as these are system-based corrections.
These changes are made directly
in the CPS system by a FSAIC
representative.
Cannot be submitted for processing.
entitled ‘‘The Office of Hearings &
Appeals (OHA) Records System’’ (18–
05–19).
DATES: Submit your comments on the
system of records in this notice on or
before November 21, 2013. The
Department filed a report describing the
new system of records covered by this
notice with the Chair of the Senate
Committee on Homeland Security and
Governmental Affairs, the Chair of the
House Committee on Oversight and
Government Reform, and the
Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB) on September 26, 2013. This
system of records will become effective
at the later date of—(1) the expiration of
the 40 day period for OMB review on
November 5, 2013, unless OMB waives
10 days of the 40-day review period for
compelling reasons shown by the
Department, or (2) November 21, 2013,
unless the system of records needs to be
changed as a result of public comment
or OMB review. The Department will
publish any changes to the system of
records or routine uses that result from
public comment or OMB review.
ADDRESSES: Address all comments about
this new system of records notice to
Frank Furey, Director, Office of
Hearings & Appeals, Office of
Management, U.S. Department of
Education, 400 Maryland Avenue SW.,
Suite 2100A, Washington, DC 20202–
4416. If you prefer to send your
comments through the Internet, use the
following address: comments@ed.gov.
You must include the term ‘‘OHA
system of records’’ in the subject line of
your electronic message.
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Notices
During and after the comment period,
you may inspect all comments about
this notice at the U.S. Department of
Education in room 2100A, 400
Maryland Avenue SW., Washington,
DC, between the hours of 8:00 a.m. and
4:30 p.m., Eastern Time, Monday
through Friday of each week except
Federal holidays.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record
On request we will supply an
appropriate accommodation or auxiliary
aid to an individual with a disability,
such as a reader or print magnifier, who
needs assistance to review the
comments or other documents in the
public rulemaking record for this notice.
If you want to schedule an appointment
for this type of accommodation or
auxiliary aid, please contact the person
listed under FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT:
Frank Furey, Director, Office of
Hearings & Appeals, Office of
Management, U.S. Department of
Education, 400 Maryland Avenue SW.,
Suite 2100A, Washington, DC 20202–
4416.
If you use a telecommunications
device for the deaf (TDD) or text
telephone (TTY), you may call the
Federal Relay Service (FRS), toll free, at
1–800–877–8339.
SUPPLEMENTARY INFORMATION:
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Introduction
The Privacy Act requires the
Department to publish in the Federal
Register this notice of a new system of
records maintained by the Department
(5 U.S.C. 552a(e)(4) and (11)). The
Department’s regulations implementing
the Privacy Act are contained in the
Code of Federal Regulations (CFR) in 34
CFR part 5b.
The Privacy Act applies to any record
about an individual that is maintained
in a system of records from which
individually identifying information is
retrieved by a unique identifier
associated with each individual, such as
a name or Social Security number. The
information about each individual is
called a ‘‘record,’’ and the system,
whether manual or computer-based, is
called a ‘‘system of records.’’
The Privacy Act requires each agency
to publish a notice of a system of
records in the Federal Register and to
prepare and send a report to OMB
whenever the agency publishes a new
system of records or makes a significant
change to an established system of
records. Each agency is also required to
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send copies of the report to the Chair of
the Senate Committee on Homeland
Security and Governmental Affairs and
the Chair of the House Committee on
Oversight and Government Reform.
These reports are included to permit an
evaluation of the probable effect of the
proposal on the privacy rights of
individuals.
‘‘The Office of Hearings & Appeals
(OHA) Records System’’ reflects how
the Office of Hearings and Appeals
processes its records, including the
development of a case tracking database
and the use of electronic filing designed
to streamline case management. This
system of records also reflects the Office
of Hearings and Appeals’ jurisdiction
over salary offset cases including waiver
requests and hearing requests
challenging the validity of salary
overpayment debts involving current
and former Department employees, and
administrative wage garnishment cases
under the cross servicing program of the
Department and the U.S. Department of
the Treasury.
This notice describes in detail the
system of records, including among
other items, its title, location, authority
for maintenance of the system, routine
uses of records maintained in the
system, policies and practices for
storing, retrieving, accessing, retaining,
and disposing of records in the system
(specifically the retention and disposal
of system records), safeguards that
protect the records in the system, and
system manager’s title and address.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the contact person listed in
the preceding paragraph.
Electronic Access to this Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
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Dated: October 17, 2013.
Denise L. Carter,
Principal Deputy Assistant Secretary for
Management. Delegated the Authority to
Perform the Functions and Duties of the
Assistant Secretary for Management.
For the reasons discussed in the
preamble, the Principal Deputy
Assistant Secretary for Management,
U.S. Department of Education publishes
a notice of a new system of records to
read as follows:
SYSTEM NUMBER: 18–05–19
SYSTEM NAME:
The Office of Hearings & Appeals
(OHA) Records System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
OHA, Office of Management, U.S.
Department of Education, 400 Maryland
Avenue SW., Suite 2100A, 490 L’Enfant
Plaza, Washington, DC 20202–4616.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system of records contains
records about current and former
Department of Education (Department)
employees against whom the
Department has a claim for a salary
overpayment debt who request a waiver
or challenge the validity of a salary
overpayment. It also contains records
regarding recipients subject to
administrative wage garnishments
under the cross servicing program of the
Department and the U.S. Department of
the Treasury (Treasury). Administrative
wage garnishment applies to collection
of any financial obligation owed to the
United States by an individual that
arises under a program the Department
administers with the exception of debts
that arise from an individual’s
obligation to repay a loan or an
overpayment of a grant received under
a student financial assistance program
authorized under title IV of the Higher
Education Act of 1965, as amended.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records notice covers
salary overpayment case files that
contain information that is pertinent to
the particular claim (e.g., a request for
a waiver of a salary overpayment filed
by current or former Department
employees or a salary pre-offset hearing
request filed by a current or former
Department employee), including but
not limited to, documents that contain
the employee’s name, sex, date of birth,
home address, telephone number, email
address, as well as information that is
pertinent to the particular claim being
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asserted, including audits of payroll
accounts during period(s) of
overpayments, earning and leave
statements, identity of debtors and
information pertaining to how debts
arose, and documents relating to
financial hardship.
This system of records also covers
wage garnishment case files that contain
information that is pertinent to the
particular claim (e.g., a wage
garnishment proceeding) including but
not limited to, documents that contain
the individual’s name, sex, date of birth,
home address, telephone number, email
address, as well as information that is
pertinent to the particular claim being
asserted, including documents relating
to the existence, amount, or current
enforceability of the debt, financial
hardship, and payroll documentation.
This system of records does not
include records covered by other
Departmental or governmental system of
records notices, such as the
Department’s systems of records notices
entitled ‘‘Education’s Central
Automated Processing System
(EDCAPS)’’ (18–03–02) and the
‘‘Receivables Management System’’ (18–
03–03) (which the Department soon
expects to delete and include as part of
the EDCAPS system of records notice).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 5584; 31 U.S.C. § 3711 et
seq.;, 34 CFR part 32; 34 CFR part 34;
Federal Claims Collection Standards
(FCCS) 31 CFR chapter IX, parts 900–
904; and the U.S. Department of
Education, Administrative
Communications System, Handbook for
Processing Salary Overpayments
(Handbook ACS–OM–04) (Jan. 19,
2012).
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PURPOSE(S):
The information in this system of
records is used: To adjudicate requests
for waivers of salary overpayments and
claims regarding the validity of salary
overpayments made to current and
former employees and to adjudicate
administrative wage garnishments
under the cross servicing program of the
Department and Treasury. The
Department also uses the OHA Records
System to provide docket management,
including scheduling of hearings, oral
arguments, and determining compliance
with parties’ filing deadlines and to
produce docket reports that may be
distributed internally in the
Department. The authorities identified
in this notice require hearing officers to
preside over and issue decisions
regarding the aforementioned cases.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The Department may disclose
information contained in a record in
this system of records without the
consent of the individual if the
disclosure is compatible with the
purposes for which the record was
collected. The Department may make
these disclosures on a case-by-case basis
or, if the Department has complied with
the computer matching requirements of
the Computer Matching and Privacy
Protection Act of 1988, as amended,
under a computer matching agreement.
(1) Program Purposes. The
Department may disclose records from
this system of records to any agency or
entity administering the Department’s
payroll system to inform them of
decisions regarding salary overpayment
cases.
(2) Debt Servicing. The Department
may disclose records to Treasury or to
the employers of individuals subject to
administrative wage garnishments for
the purpose of collecting debts owed to
the Government by individuals subject
to administrative wage garnishments.
(3) Disclosure for Use by Other Law
Enforcement Agencies. The Department
may disclose information to any
Federal, State, local, or foreign agency
or other public authority responsible for
enforcing, investigating, or prosecuting
violations of administrative, civil, or
criminal law or regulation if that
information is relevant to any
enforcement, regulatory, investigative,
or prosecutorial responsibility within
the receiving entity’s jurisdiction.
(4) Enforcement Disclosure. In the
event that information in this system of
records indicates, either on its face or in
connection with other information, a
violation or potential violation of any
applicable statute, regulation, or order
of a competent authority, the
Department may disclose the relevant
records to the appropriate agency,
whether foreign, Federal, State, Tribal,
or local, charged with the responsibility
of investigating or prosecuting that
violation or charged with enforcing or
implementing the statute, executive
order, rule, regulation, or order issued
pursuant thereto.
(5) Litigation and Alternative Dispute
Resolution (ADR) Disclosures.
(a) Introduction. In the event that one
of the parties listed in this paragraph is
involved in judicial or administrative
litigation or ADR, or has an interest in
judicial or administrative litigation or
ADR, the Department may disclose
certain records to the parties described
in paragraphs (b), (c), and (d) of this
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62607
routine use under the conditions
specified in those paragraphs:
(i) The Department of Education, or
any component of the Department;
(ii) Any Department employee in his
or her official capacity;
(iii) Any Department employee in his
or her individual capacity if the
Department of Justice (DOJ) has been
requested to or has agreed to provide or
arrange for representation for the
employee;
(iv) Any Department employee in his
or her individual capacity where the
agency has agreed to represent the
employee; or
(v) The United States where the
Department determines that the
litigation is likely to affect the
Department or any of its components.
(b) Disclosure to the Department of
Justice (DOJ). If the Department
determines that disclosure of certain
records to the DOJ is relevant and
necessary to judicial or administrative
litigation or ADR, the Department may
disclose those records as a routine use
to the DOJ.
(c) Adjudicative Disclosures. If the
Department determines that it is
relevant and necessary to the judicial or
administrative litigation or ADR to
disclose certain records to an
adjudicative body before which the
Department is authorized to appear, to
an individual, or to an entity designated
by the Department or otherwise
empowered to resolve or mediate
disputes, the Department may disclose
those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsels, representatives
and witnesses. If the Department
determines that disclosure of certain
records to a party, counsel,
representative, or witness is relevant
and necessary to the judicial or
administrative litigation or ADR, the
Department may disclose those records
as a routine use to the party, counsel,
representative, or witness.
(6) Employment, Benefit, and
Contracting Disclosure.
(a) For Decisions by the Department.
The Department may disclose a record
to a Federal, State, or local agency
maintaining civil, criminal, or other
relevant enforcement or other pertinent
records, or to another public authority
or professional organization, if
necessary to obtain information relevant
to a Department decision concerning the
hiring or retention of an employee or
other personnel action, the issuance of
a security clearance, the letting of a
contract, or the issuance of a license,
grant, or other benefit.
(b) For Decisions by Other Public
Agencies and Professional
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Organizations. The Department may
disclose a record to a Federal, State,
local, or foreign agency or other public
authority or professional organization,
in connection with the hiring or
retention of an employee or other
personnel action, the issuance of a
security clearance, the reporting of an
investigation of an employee, the letting
of a contract, or the issuance of a
license, grant, or other benefit, to the
extent that the record is relevant and
necessary to the receiving entity’s
decision on the matter.
(7) Employee Grievance, Complaint,
or Conduct Disclosure. The Department
may disclose a record in this system of
records to another agency of the Federal
Government if the record is relevant to
one of the following proceedings
regarding a current or former employee
of the Department: A complaint, a
grievance, or a disciplinary or
competency determination proceeding.
The disclosure may only be made
during the course of the proceeding.
(8) Labor Organization Disclosure.
The Department may disclose records
from this system of records to an
arbitrator to resolve disputes under a
negotiated grievance procedure or to
officials of labor organizations
recognized under 5 U.S.C. chapter 71
when relevant and necessary to their
duties of exclusive representation.
(9) Freedom of Information Act
(FOIA) and Privacy Act Advice
Disclosure. The Department may
disclose records to the Department of
Justice or the Office of Management and
Budget (OMB) if the Department
concludes that disclosure is desirable or
necessary in determining whether
particular records are required to be
disclosed under FOIA or the Privacy
Act.
(10) Disclosure to the Department of
Justice. The Department may disclose
records to DOJ to the extent necessary
for obtaining DOJ advice on any matter
relevant to an audit, inspection, or other
inquiry related to the programs covered
by this system.
(11) Contract Disclosure. If the
Department contracts with an entity for
the purposes of performing any function
that requires disclosure of records in
this system to employees of the
contractor, the Department may disclose
the records to those employees. Before
entering into such a contract, the
Department must require the contractor
to maintain Privacy Act safeguards as
required under 5 U.S.C. 552a(m) with
respect to the records in the system.
(12) Research Disclosure. The
Department may disclose records to a
researcher if an appropriate official of
the Department determines that the
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individual or organization to which the
disclosure would be made is qualified to
carry out specific research related to
functions or purposes of this system of
records. The official may disclose
records from this system of records to
that researcher solely for the purpose of
carrying out that research related to the
functions or purposes of this system of
records. The Department must require
the researcher to maintain Privacy Act
safeguards as required under 5 U.S.C.
552a(m) with respect to the disclosed
records.
(13) Congressional Member
Disclosure. The Department may
disclose records to a member of
Congress from the record of an
individual in response to an inquiry
from the member made at the written
request of that individual. The
member’s right to the information is no
greater than the right of the individual
who requested it.
(14) Disclosure to the Office of
Management and Budget (OMB) for
Credit Reform Act (CRA) Support. The
Department may disclose records to
OMB as necessary to fulfill CRA
requirements.
(15) Disclosure in the Course of
Responding to Breach of Data. The
Department may disclose records from
this system of records to appropriate
agencies, entities, and persons when: (a)
The Department suspects or has
confirmed that the security or
confidentiality of information in the
OHA Records Systems has been
compromised; (b) the Department has
determined that as a result of the
suspected or confirmed compromise,
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of the OHA Records System or
other systems or programs (whether
maintained by the Department or
another agency or entity) that rely upon
the compromised information; and, (c)
the disclosure made to such agencies,
entities, and persons is reasonably
necessary to assist in connection with
the Department’s efforts to respond to
the suspected or confirmed compromise
and prevent, minimize, or remedy such
harm.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Not applicable to this system of
records notice.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The Department maintains records in
paper files in filing cabinets, and
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electronically on a computerized
tracking system.
RETRIEVABILITY:
Records are indexed by docket
number and can be retrieved by the
name of the non-Government party.
SAFEGUARDS:
Records are maintained electronically
and in paper files.
All physical access to the
Department’s site where these paper and
electronic records are maintained is
controlled and monitored by security
personnel who check each individual
entering the building for his or her
employee or visitor badge. Paper records
are maintained in a secured space in
locked cabinets.
In accordance with the Department’s
Administrative Communications System
(ACS) Directive OM: 5–101 entitled
‘‘Contractor Employee Personnel
Security Screenings,’’ all contract
personnel who have facility access and
system access are required to undergo a
security clearance investigation.
Individuals requiring access to Privacy
Act data are required to hold, at a
minimum, a moderate-risk security
clearance level. These individuals are
required to undergo periodic screening
at five-year intervals.
In addition to holding security
clearances, contract and Department
personnel are required to complete
security awareness training on an
annual basis. This training is required to
ensure that contract and Department
users are trained appropriately in
safeguarding Privacy Act data in
accordance with OMB Circular No. A–
130, Appendix III.
The computer system employed by
the Department offers a high degree of
resistance to tampering and
circumvention. This security system
limits data access to Department and
contract staff on a need-to-know basis,
and controls individual users’ ability to
access and alter records within the
system. All users of this system of
records are given a unique user
identification.
The OHA electronic records system is
a web-based J2EE application that is
platform independent which captures
all information relating to salary
overpayment cases and administrative
wage garnishment cases. Authorized
log-on codes and passwords prevent
unauthorized users from gaining access
to data and system resources. All users
have unique log-on codes and
passwords. The password scheme
requires that users must change
passwords every 90 days and may not
repeat the old password.
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Any individual attempting to log on
who fails is locked out of the system
after three attempts. Access after that
time requires intervention by the system
manager.
RETENTION AND DISPOSAL:
The records are maintained in
accordance with the Department of
Education Records Disposition
Schedules (ED/RDS) 241 and 243.
Under ED/RDS 241, ‘‘Administrative
Adjudication Files for the Office of
Hearings and Appeals,’’ official docket
files are cut off annually upon close of
a case and transferred to a certified
records center or to a certified records
storage facility one year after cut off.
Files will be destroyed or deleted six
years after cutoff.
For attorney working files, these files
will be cut off annually upon close of
case and destroyed or deleted when no
longer needed for administrative or
reference purposes.
Duplicate copies maintained for
reference purposes and that do not serve
as the record copy will be destroyed or
deleted when no longer needed for
reference.
Under ED/RDS 243, ‘‘Decisions Made
by Hearing Officials, Administrative
Law Judges, the Secretary of Education
and Members of the CRRA,’’ copies of
the original decision are permanent and
removed before official docket file is
transferred to a certified records center.
Original decisions are held on site and
transferred to the National Archives and
Records Administration in five-year
blocks. Duplicate copies regardless of
medium maintained for reference
purposes do not serve as the record
copy and will be destroyed/deleted
when no longer needed for reference.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Hearings &
Appeals, Office of Management, U.S.
Department of Education, 400 Maryland
Avenue SW., Suite 2100A, 490 L’Enfant
Plaza, Washington, DC 20202–4616.
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NOTIFICATION PROCEDURE:
If you wish to determine whether a
record exists regarding you in the
system of records, contact the system
manager. Your request must meet the
requirements of the regulations at 34
CFR 5b.5, including proof of identity.
RECORD ACCESS PROCEDURE:
If you wish to gain access to a record
regarding you in the system of records,
contact the system manager. Your
request must meet the requirements of
the regulations at 34 CFR 5b.5,
including proof of identity.
VerDate Mar<15>2010
21:08 Oct 21, 2013
Jkt 232001
CONTESTING RECORD PROCEDURE:
RECORD SOURCE CATEGORIES:
The information in the OHA Records
System comes from a number of sources
including: Employees, former
employees, and grant recipients.
Information may also be supplied by an
individual’s attorney or representative
and by Department officials or other
employees.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2013–24688 Filed 10–21–13; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Agency Information Collection
Extension
U.S. Department of Energy.
Notice and Request for
Comments.
AGENCY:
ACTION:
The Department of Energy
(DOE), pursuant to the Paperwork
Reduction Act of 1995, intends to
extend for three years, an information
collection request (ICR) with the Office
of Management and Budget (OMB)
concerning the Occupational Radiation
Protection Program, OMB Control
Number 1910–5105. The Office of
Worker Safety and Health Policy
ensures that adequate policies are in
place for the protection of workers at
DOE sites and operations. The Office of
Worker Safety and Health Policy uses
the information collected from the
contractors to evaluate the adequacy of
DOE policies for the protection of
workers from exposure to ionizing
radiation.
Comments are invited on: (a) Whether
the extended collection of information
is necessary for the proper performance
of the functions of the Agency,
including whether the information shall
have practical utility; (b) the accuracy of
the agency’s estimate of the burden of
the proposed collection of information,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
Comments regarding this
proposed information collection must
be received on or before December 23,
2013. If you anticipate difficulty in
submitting comments within that
period, contact the person listed below
as soon as possible.
ADDRESSES: Written comments may be
sent to Dr. Judith D. Fouke, Office of
Worker Safety and Health Policy (HS–
11), U.S. Department of Energy, Office
of Health, Safety and Security, 1000
Independence Ave. SW., Washington,
DC 20585, telephone (301) 903–5865, by
fax at (301) 903–3445, or by email at
judy.foulke@hq.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to the person listed above in
ADDRESSES. Information about the
collection instrument may be obtained
at https://www.hss.doe.gov/pra.html.
SUPPLEMENTARY INFORMATION: This
information collection request contains:
(1) OMB No. 1910–5105; (2) Information
Collection Request Title: Occupational
Radiation Protection Program; (3) Type
of Review: Renewal; (4) Purpose: The
recordkeeping and reporting
requirements that comprise this
information collection will permit DOE
and its contractors to provide
management control and oversight over
health and safety programs concerning
worker exposure to ionizing radiation;
(5) Annual Estimated Number of
Respondents: 34; (6) Annual Estimated
Number of Total Responses: 34; (7)
Annual Estimated Number of Burden
Hours: 41,500; (8) Annual Estimated
Reporting and Recordkeeping Cost
Burden: $4,150,000; Response
Obligation: Mandatory.
DATES:
If you wish to contest the content of
a record regarding you in the system of
records, contact the system manager.
Your request must meet the
requirements of the regulations at 34
CFR 5b.7.
SUMMARY:
62609
Statutory Authority: Title 10, Code of
Federal Regulations, Part 835, Subpart H.
Issued in Washington, DC, on September
29, 2013.
Stephen A. Kirchhoff,
Director, Office of Resource Management,
Office of Health, Safety and Security.
[FR Doc. 2013–24599 Filed 10–21–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
DOE/NSF Nuclear Science Advisory
Committee
Office of Science, Department
of Energy.
ACTION: Notice of Renewal.
AGENCY:
Pursuant to Section
14(a)(2)(A) of the Federal Advisory
Committee Act, (Pub. L. 92–463), and in
SUMMARY:
E:\FR\FM\22OCN1.SGM
22OCN1
]]>Agencies
[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62605-62609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24688]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records--Office of Hearings and
Appeals (OHA) Records System
AGENCY: Office of Hearings & Appeals, Office of Management, Department
of Education.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act), the Department of Education (Department) publishes this
notice of a new system of records entitled ``The Office of Hearings &
Appeals (OHA) Records System'' (18-05-19).
DATES: Submit your comments on the system of records in this notice on
or before November 21, 2013. The Department filed a report describing
the new system of records covered by this notice with the Chair of the
Senate Committee on Homeland Security and Governmental Affairs, the
Chair of the House Committee on Oversight and Government Reform, and
the Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB) on September 26, 2013. This
system of records will become effective at the later date of--(1) the
expiration of the 40 day period for OMB review on November 5, 2013,
unless OMB waives 10 days of the 40-day review period for compelling
reasons shown by the Department, or (2) November 21, 2013, unless the
system of records needs to be changed as a result of public comment or
OMB review. The Department will publish any changes to the system of
records or routine uses that result from public comment or OMB review.
ADDRESSES: Address all comments about this new system of records notice
to Frank Furey, Director, Office of Hearings & Appeals, Office of
Management, U.S. Department of Education, 400 Maryland Avenue SW.,
Suite 2100A, Washington, DC 20202-4416. If you prefer to send your
comments through the Internet, use the following address:
comments@ed.gov.
You must include the term ``OHA system of records'' in the subject
line of your electronic message.
[[Page 62606]]
During and after the comment period, you may inspect all comments
about this notice at the U.S. Department of Education in room 2100A,
400 Maryland Avenue SW., Washington, DC, between the hours of 8:00 a.m.
and 4:30 p.m., Eastern Time, Monday through Friday of each week except
Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request we will supply an appropriate accommodation or auxiliary
aid to an individual with a disability, such as a reader or print
magnifier, who needs assistance to review the comments or other
documents in the public rulemaking record for this notice. If you want
to schedule an appointment for this type of accommodation or auxiliary
aid, please contact the person listed under FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT: Frank Furey, Director, Office of
Hearings & Appeals, Office of Management, U.S. Department of Education,
400 Maryland Avenue SW., Suite 2100A, Washington, DC 20202-4416.
If you use a telecommunications device for the deaf (TDD) or text
telephone (TTY), you may call the Federal Relay Service (FRS), toll
free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Introduction
The Privacy Act requires the Department to publish in the Federal
Register this notice of a new system of records maintained by the
Department (5 U.S.C. 552a(e)(4) and (11)). The Department's regulations
implementing the Privacy Act are contained in the Code of Federal
Regulations (CFR) in 34 CFR part 5b.
The Privacy Act applies to any record about an individual that is
maintained in a system of records from which individually identifying
information is retrieved by a unique identifier associated with each
individual, such as a name or Social Security number. The information
about each individual is called a ``record,'' and the system, whether
manual or computer-based, is called a ``system of records.''
The Privacy Act requires each agency to publish a notice of a
system of records in the Federal Register and to prepare and send a
report to OMB whenever the agency publishes a new system of records or
makes a significant change to an established system of records. Each
agency is also required to send copies of the report to the Chair of
the Senate Committee on Homeland Security and Governmental Affairs and
the Chair of the House Committee on Oversight and Government Reform.
These reports are included to permit an evaluation of the probable
effect of the proposal on the privacy rights of individuals.
``The Office of Hearings & Appeals (OHA) Records System'' reflects
how the Office of Hearings and Appeals processes its records, including
the development of a case tracking database and the use of electronic
filing designed to streamline case management. This system of records
also reflects the Office of Hearings and Appeals' jurisdiction over
salary offset cases including waiver requests and hearing requests
challenging the validity of salary overpayment debts involving current
and former Department employees, and administrative wage garnishment
cases under the cross servicing program of the Department and the U.S.
Department of the Treasury.
This notice describes in detail the system of records, including
among other items, its title, location, authority for maintenance of
the system, routine uses of records maintained in the system, policies
and practices for storing, retrieving, accessing, retaining, and
disposing of records in the system (specifically the retention and
disposal of system records), safeguards that protect the records in the
system, and system manager's title and address.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the contact person listed in
the preceding paragraph.
Electronic Access to this Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: October 17, 2013.
Denise L. Carter,
Principal Deputy Assistant Secretary for Management. Delegated the
Authority to Perform the Functions and Duties of the Assistant
Secretary for Management.
For the reasons discussed in the preamble, the Principal Deputy
Assistant Secretary for Management, U.S. Department of Education
publishes a notice of a new system of records to read as follows:
SYSTEM NUMBER: 18-05-19
SYSTEM NAME:
The Office of Hearings & Appeals (OHA) Records System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
OHA, Office of Management, U.S. Department of Education, 400
Maryland Avenue SW., Suite 2100A, 490 L'Enfant Plaza, Washington, DC
20202-4616.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system of records contains records about current and former
Department of Education (Department) employees against whom the
Department has a claim for a salary overpayment debt who request a
waiver or challenge the validity of a salary overpayment. It also
contains records regarding recipients subject to administrative wage
garnishments under the cross servicing program of the Department and
the U.S. Department of the Treasury (Treasury). Administrative wage
garnishment applies to collection of any financial obligation owed to
the United States by an individual that arises under a program the
Department administers with the exception of debts that arise from an
individual's obligation to repay a loan or an overpayment of a grant
received under a student financial assistance program authorized under
title IV of the Higher Education Act of 1965, as amended.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records notice covers salary overpayment case files
that contain information that is pertinent to the particular claim
(e.g., a request for a waiver of a salary overpayment filed by current
or former Department employees or a salary pre-offset hearing request
filed by a current or former Department employee), including but not
limited to, documents that contain the employee's name, sex, date of
birth, home address, telephone number, email address, as well as
information that is pertinent to the particular claim being
[[Page 62607]]
asserted, including audits of payroll accounts during period(s) of
overpayments, earning and leave statements, identity of debtors and
information pertaining to how debts arose, and documents relating to
financial hardship.
This system of records also covers wage garnishment case files that
contain information that is pertinent to the particular claim (e.g., a
wage garnishment proceeding) including but not limited to, documents
that contain the individual's name, sex, date of birth, home address,
telephone number, email address, as well as information that is
pertinent to the particular claim being asserted, including documents
relating to the existence, amount, or current enforceability of the
debt, financial hardship, and payroll documentation.
This system of records does not include records covered by other
Departmental or governmental system of records notices, such as the
Department's systems of records notices entitled ``Education's Central
Automated Processing System (EDCAPS)'' (18-03-02) and the ``Receivables
Management System'' (18-03-03) (which the Department soon expects to
delete and include as part of the EDCAPS system of records notice).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 5584; 31 U.S.C. Sec. 3711 et seq.;, 34 CFR part 32; 34
CFR part 34; Federal Claims Collection Standards (FCCS) 31 CFR chapter
IX, parts 900-904; and the U.S. Department of Education, Administrative
Communications System, Handbook for Processing Salary Overpayments
(Handbook ACS-OM-04) (Jan. 19, 2012).
PURPOSE(S):
The information in this system of records is used: To adjudicate
requests for waivers of salary overpayments and claims regarding the
validity of salary overpayments made to current and former employees
and to adjudicate administrative wage garnishments under the cross
servicing program of the Department and Treasury. The Department also
uses the OHA Records System to provide docket management, including
scheduling of hearings, oral arguments, and determining compliance with
parties' filing deadlines and to produce docket reports that may be
distributed internally in the Department. The authorities identified in
this notice require hearing officers to preside over and issue
decisions regarding the aforementioned cases.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The Department may disclose information contained in a record in
this system of records without the consent of the individual if the
disclosure is compatible with the purposes for which the record was
collected. The Department may make these disclosures on a case-by-case
basis or, if the Department has complied with the computer matching
requirements of the Computer Matching and Privacy Protection Act of
1988, as amended, under a computer matching agreement.
(1) Program Purposes. The Department may disclose records from this
system of records to any agency or entity administering the
Department's payroll system to inform them of decisions regarding
salary overpayment cases.
(2) Debt Servicing. The Department may disclose records to Treasury
or to the employers of individuals subject to administrative wage
garnishments for the purpose of collecting debts owed to the Government
by individuals subject to administrative wage garnishments.
(3) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutorial responsibility
within the receiving entity's jurisdiction.
(4) Enforcement Disclosure. In the event that information in this
system of records indicates, either on its face or in connection with
other information, a violation or potential violation of any applicable
statute, regulation, or order of a competent authority, the Department
may disclose the relevant records to the appropriate agency, whether
foreign, Federal, State, Tribal, or local, charged with the
responsibility of investigating or prosecuting that violation or
charged with enforcing or implementing the statute, executive order,
rule, regulation, or order issued pursuant thereto.
(5) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed in
this paragraph is involved in judicial or administrative litigation or
ADR, or has an interest in judicial or administrative litigation or
ADR, the Department may disclose certain records to the parties
described in paragraphs (b), (c), and (d) of this routine use under the
conditions specified in those paragraphs:
(i) The Department of Education, or any component of the
Department;
(ii) Any Department employee in his or her official capacity;
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has been requested to or has agreed to
provide or arrange for representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to the Department of Justice (DOJ). If the
Department determines that disclosure of certain records to the DOJ is
relevant and necessary to judicial or administrative litigation or ADR,
the Department may disclose those records as a routine use to the DOJ.
(c) Adjudicative Disclosures. If the Department determines that it
is relevant and necessary to the judicial or administrative litigation
or ADR to disclose certain records to an adjudicative body before which
the Department is authorized to appear, to an individual, or to an
entity designated by the Department or otherwise empowered to resolve
or mediate disputes, the Department may disclose those records as a
routine use to the adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative, or witness is relevant and necessary to the
judicial or administrative litigation or ADR, the Department may
disclose those records as a routine use to the party, counsel,
representative, or witness.
(6) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement or other pertinent records, or
to another public authority or professional organization, if necessary
to obtain information relevant to a Department decision concerning the
hiring or retention of an employee or other personnel action, the
issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant, or other benefit.
(b) For Decisions by Other Public Agencies and Professional
[[Page 62608]]
Organizations. The Department may disclose a record to a Federal,
State, local, or foreign agency or other public authority or
professional organization, in connection with the hiring or retention
of an employee or other personnel action, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit, to the extent that the record is relevant and necessary to the
receiving entity's decision on the matter.
(7) Employee Grievance, Complaint, or Conduct Disclosure. The
Department may disclose a record in this system of records to another
agency of the Federal Government if the record is relevant to one of
the following proceedings regarding a current or former employee of the
Department: A complaint, a grievance, or a disciplinary or competency
determination proceeding. The disclosure may only be made during the
course of the proceeding.
(8) Labor Organization Disclosure. The Department may disclose
records from this system of records to an arbitrator to resolve
disputes under a negotiated grievance procedure or to officials of
labor organizations recognized under 5 U.S.C. chapter 71 when relevant
and necessary to their duties of exclusive representation.
(9) Freedom of Information Act (FOIA) and Privacy Act Advice
Disclosure. The Department may disclose records to the Department of
Justice or the Office of Management and Budget (OMB) if the Department
concludes that disclosure is desirable or necessary in determining
whether particular records are required to be disclosed under FOIA or
the Privacy Act.
(10) Disclosure to the Department of Justice. The Department may
disclose records to DOJ to the extent necessary for obtaining DOJ
advice on any matter relevant to an audit, inspection, or other inquiry
related to the programs covered by this system.
(11) Contract Disclosure. If the Department contracts with an
entity for the purposes of performing any function that requires
disclosure of records in this system to employees of the contractor,
the Department may disclose the records to those employees. Before
entering into such a contract, the Department must require the
contractor to maintain Privacy Act safeguards as required under 5
U.S.C. 552a(m) with respect to the records in the system.
(12) Research Disclosure. The Department may disclose records to a
researcher if an appropriate official of the Department determines that
the individual or organization to which the disclosure would be made is
qualified to carry out specific research related to functions or
purposes of this system of records. The official may disclose records
from this system of records to that researcher solely for the purpose
of carrying out that research related to the functions or purposes of
this system of records. The Department must require the researcher to
maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with
respect to the disclosed records.
(13) Congressional Member Disclosure. The Department may disclose
records to a member of Congress from the record of an individual in
response to an inquiry from the member made at the written request of
that individual. The member's right to the information is no greater
than the right of the individual who requested it.
(14) Disclosure to the Office of Management and Budget (OMB) for
Credit Reform Act (CRA) Support. The Department may disclose records to
OMB as necessary to fulfill CRA requirements.
(15) Disclosure in the Course of Responding to Breach of Data. The
Department may disclose records from this system of records to
appropriate agencies, entities, and persons when: (a) The Department
suspects or has confirmed that the security or confidentiality of
information in the OHA Records Systems has been compromised; (b) the
Department has determined that as a result of the suspected or
confirmed compromise, there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of the OHA Records System or other systems or programs
(whether maintained by the Department or another agency or entity) that
rely upon the compromised information; and, (c) the disclosure made to
such agencies, entities, and persons is reasonably necessary to assist
in connection with the Department's efforts to respond to the suspected
or confirmed compromise and prevent, minimize, or remedy such harm.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable to this system of records notice.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The Department maintains records in paper files in filing cabinets,
and electronically on a computerized tracking system.
RETRIEVABILITY:
Records are indexed by docket number and can be retrieved by the
name of the non-Government party.
SAFEGUARDS:
Records are maintained electronically and in paper files.
All physical access to the Department's site where these paper and
electronic records are maintained is controlled and monitored by
security personnel who check each individual entering the building for
his or her employee or visitor badge. Paper records are maintained in a
secured space in locked cabinets.
In accordance with the Department's Administrative Communications
System (ACS) Directive OM: 5-101 entitled ``Contractor Employee
Personnel Security Screenings,'' all contract personnel who have
facility access and system access are required to undergo a security
clearance investigation. Individuals requiring access to Privacy Act
data are required to hold, at a minimum, a moderate-risk security
clearance level. These individuals are required to undergo periodic
screening at five-year intervals.
In addition to holding security clearances, contract and Department
personnel are required to complete security awareness training on an
annual basis. This training is required to ensure that contract and
Department users are trained appropriately in safeguarding Privacy Act
data in accordance with OMB Circular No. A-130, Appendix III.
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a need-to-know
basis, and controls individual users' ability to access and alter
records within the system. All users of this system of records are
given a unique user identification.
The OHA electronic records system is a web-based J2EE application
that is platform independent which captures all information relating to
salary overpayment cases and administrative wage garnishment cases.
Authorized log-on codes and passwords prevent unauthorized users from
gaining access to data and system resources. All users have unique log-
on codes and passwords. The password scheme requires that users must
change passwords every 90 days and may not repeat the old password.
[[Page 62609]]
Any individual attempting to log on who fails is locked out of the
system after three attempts. Access after that time requires
intervention by the system manager.
RETENTION AND DISPOSAL:
The records are maintained in accordance with the Department of
Education Records Disposition Schedules (ED/RDS) 241 and 243. Under ED/
RDS 241, ``Administrative Adjudication Files for the Office of Hearings
and Appeals,'' official docket files are cut off annually upon close of
a case and transferred to a certified records center or to a certified
records storage facility one year after cut off. Files will be
destroyed or deleted six years after cutoff.
For attorney working files, these files will be cut off annually
upon close of case and destroyed or deleted when no longer needed for
administrative or reference purposes.
Duplicate copies maintained for reference purposes and that do not
serve as the record copy will be destroyed or deleted when no longer
needed for reference.
Under ED/RDS 243, ``Decisions Made by Hearing Officials,
Administrative Law Judges, the Secretary of Education and Members of
the CRRA,'' copies of the original decision are permanent and removed
before official docket file is transferred to a certified records
center. Original decisions are held on site and transferred to the
National Archives and Records Administration in five-year blocks.
Duplicate copies regardless of medium maintained for reference purposes
do not serve as the record copy and will be destroyed/deleted when no
longer needed for reference.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Hearings & Appeals, Office of Management, U.S.
Department of Education, 400 Maryland Avenue SW., Suite 2100A, 490
L'Enfant Plaza, Washington, DC 20202-4616.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
the system of records, contact the system manager. Your request must
meet the requirements of the regulations at 34 CFR 5b.5, including
proof of identity.
RECORD ACCESS PROCEDURE:
If you wish to gain access to a record regarding you in the system
of records, contact the system manager. Your request must meet the
requirements of the regulations at 34 CFR 5b.5, including proof of
identity.
CONTESTING RECORD PROCEDURE:
If you wish to contest the content of a record regarding you in the
system of records, contact the system manager. Your request must meet
the requirements of the regulations at 34 CFR 5b.7.
RECORD SOURCE CATEGORIES:
The information in the OHA Records System comes from a number of
sources including: Employees, former employees, and grant recipients.
Information may also be supplied by an individual's attorney or
representative and by Department officials or other employees.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2013-24688 Filed 10-21-13; 8:45 am]
BILLING CODE 4000-01-P
