Privacy Act of 1974; System of Records, 30671-30676 [2015-13048]
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information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. ED is
soliciting comments on the proposed
information collection request (ICR) that
is described below. The Department of
Education is especially interested in
public comment addressing the
following issues: (1) Is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
Title of Collection: Assessing the Role
of Noncognitive and School
Environmental Factors in Students’
Transitions to High School in New
Mexico.
OMB Control Number: 1850–NEW.
Type of Review: A new information
collection.
Respondents/Affected Public: State,
Local, and Tribal Governments.
Total Estimated Number of Annual
Responses: 2,591.
Total Estimated Number of Annual
Burden Hours: 773.
Abstract: The study will examine
relationships between non-cognitive
factors (e.g., growth mindset, learning
strategies, and self-efficacy) and school
environment and contextual factors
(e.g., perceptions of school safety,
supportive teachers and counselors,
usefulness of academic work) and three
measures of successful 9th grade
transitions—overall freshman GPA,
number of 9th grade course failures, and
freshman year attendance for three
districts in New Mexico. It will also
examine whether non-cognitive and
school environment factors contribute to
the prediction of successful 9th grade
transitions after academic factors have
been taken into account. The study will
use data that will be collected via a
survey that was created with assistance
from members of the New Mexico
Achievement Gap Alliance. The survey
data will be used in combination with
extant student-level academic and
demographic data that will be obtained
from the New Mexico Public Education
Department. This study will also
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include comparisons between Hispanic,
Native American and white students.
Dated: May 26, 2015.
Stephanie Valentine,
Acting Director, Information Collection
Clearance Division, Office of the Chief Privacy
Officer, Office of Management.
[FR Doc. 2015–13022 Filed 5–28–15; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of
Records
Office of the Chief Information
Officer, Department of Education.
ACTION: Notice of altered and deleted
systems of records under the Privacy
Act of 1974.
AGENCY:
In accordance with the
Privacy Act of 1974, 5 U.S.C. 552a, as
amended (Privacy Act), the Department
of Education (Department) publishes
this notice proposing an altered system
of records entitled ‘‘Freedom of
Information Act and Privacy Act
Tracking System.’’ The Department also
deletes the system of records entitled
‘‘Freedom of Information Act and
Privacy Act Case Files’’ (18–04–01) from
its existing inventory of systems of
records subject to the Privacy Act.
For the Freedom of Information Act
(FOIA) and Privacy Act (PA) Tracking
System, this notice updates the system
location and system of records notice
(SORN) number, categories of
individuals covered by the system,
categories of records in the system,
system managers and addresses, and
routine uses.
The Department identifies the system
of records, Freedom of Information Act
and Privacy Act Case Files (18–04–01),
as published in the Federal Register on
December 27, 1999 (64 FR 72384,
72385–72387) to be deleted because it
has been consolidated and merged into
the FOIA and PA Tracking System (18–
05–20).
DATES: The Department seeks comments
on the altered and deleted systems of
records described in this notice, in
accordance with the requirements of the
Privacy Act. We must receive your
comments on the proposed changes to
the FOIA and PA Tracking System of
records included in this notice on or
before June 29, 2015.
The Department filed a report
describing the alterations to the FOIA
and PA Tracking System of records with
the Chair of the Senate Committee on
Homeland Security and Governmental
Affairs, the Chair of the House
Committee on Oversight and
SUMMARY:
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30671
Government Reform, and the
Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB) on May 14, 2015. The alterations
to the FOIA and PA Tracking System of
records will become effective at the later
date of: (1) The expiration of the 40-day
period for OMB review on June 23,
2015, unless OMB waives 10 days of the
40-day review period for compelling
reasons shown by the Department; or (2)
June 29, 2015, unless the altered FOIA
and PA Tracking system of records
needs to be changed as a result of public
comment or OMB review. The
Department will publish any changes to
the altered system of records notice that
result from public comment or OMB
review.
ADDRESSES: Address all comments about
the FOIA and PA Tracking System to
Freedom of Information Act Service
Center Director, Office of Management,
U.S. Department of Education, 400
Maryland Ave. SW., LBJ 2E305,
Washington, DC 20202–4536. If you
prefer to send your comments by email,
use the following address: comments@
ed.gov.
You must include the phrase
‘‘Freedom of Information Act and
Privacy Act Tracking System’’ in the
subject line of your email.
During and after the comment period,
you may inspect all public comments
about this notice in Room 502D, 555
New Jersey Avenue NW., 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 aid to an
individual with a disability 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:
Freedom of Information Act Service
Center Director, Office of Management,
U.S. Department of Education, 400
Maryland Ave. SW., Room LBJ 2E305,
Washington, DC 20202–4536.
Telephone: (202) 453–6362.
If you use a telecommunications
device for the deaf (TDD), you may call
the Federal Relay Service (FRS) at 1–
800–877–8339.
Individuals with disabilities may
obtain this document in an alternative
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format (e.g., braille, large print,
audiotape, or computer diskette) on
request to the contact person listed in
the above paragraph.
SUPPLEMENTARY INFORMATION:
Introduction
The Privacy Act (5 U.S.C. 552a(e)(4)
and (11)) requires the Department to
publish in the Federal Register this
notice of an altered system of records.
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 (SSN).
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 notices of systems of records
in the Federal Register and to prepare
and send reports to the Administrator of
the Office of Information and Regulatory
Affairs, OMB whenever the agency
publishes a new or altered 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 of
Representatives 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.
Since the last publication of the FOIA
and PA Tracking System of records in
the Federal Register on June 4, 1999 (64
FR 30106, 30119–22), a number of
changes have been identified that are
needed to update and accurately depict
the current state of the system of
records.
The changes in the attached notice for
the FOIA and PA Tracking System are
numerous.
First, the system location has been
updated to reflect the relocation of the
Department’s data center; to change its
numbering from 18–04–02 to 18–05–20,
and change the system location from the
Office of the Chief Information Officer
(CIO) to the Office of Management (OM).
Second, the paragraph in the notice
describing the categories of individuals
covered by the system is being updated
to include individuals who have
submitted requests for FOIA
administrative appeals; individuals
whose requests for records have been
referred to the Department by other
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agencies; individuals who are the
subject of such requests, appeals; and/
or personnel assigned to handle such
requests and appeals.
Third, the paragraph in the notice
describing the categories of records
contained in the system originally stated
that copies of requested records were
not maintained in the system. This
notice is updating the categories of
records in the system to state that copies
of requested records are maintained in
the system. In addition, the categories of
records in the system have been
updated to include the following
records and related correspondence on
individuals: requester’s name, address,
telephone number, email address,
amount of fees paid and payment
delinquencies, if any; the original
requests and administrative appeals,
responses to such requests and appeals,
all related memoranda, correspondence,
notes, and other related or supporting
documentation, summary of log, and in
some instances, copies of requested
records and records under
administrative appeal.
Fourth, the routine uses of records
maintained in the system have been
updated and two new routine uses will
be added.
The Department proposes to revise
routine use (3)(a)(iii) ‘‘Litigation and
Alternative Dispute Resolution (ADR)
Disclosures’’ to permit the Department
to disclose certain records from this
system to the parties described in
routine use paragraphs (3)(b)
‘‘Disclosure to the Department of Justice
(DOJ),’’ (3)(c) ‘‘Administrative
Disclosures,’’ and (3)(d) ‘‘Parties,
Counsel, Representatives, and
Witnesses’’ for any Department
employee in his or her individual
capacity if the DOJ has been requested
to provide or arrange for representation
of the employee. This proposed routine
use is compatible with this system of
records because it will allow the
Department to disclose records from this
system of records as needed to obtain
legal representation for Department
employees.
The Department proposes to revise
routine use (6) ‘‘Labor Organization
Disclosure’’ to permit the Department to
disclose records from this system 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. This
proposed routine use is compatible with
this system of records because it will
permit the Department to fulfill its
statutory obligation to allow a labor
organization to perform its duties of
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exclusive representation and it will
permit the disclosure of records to
arbitrators as needed to resolve disputes
pursuant to negotiated grievance
procedures.
The Department also proposes to
revise routine use (7) ‘‘Freedom of
Information Act (FOIA) and Privacy Act
Advice Disclosure’’ to permit the
Department to disclose records from this
system to the Department of Justice and
OMB if the Department concludes that
disclosure is desirable or necessary in
determining whether particular records
are required to be disclosed under the
FOIA or the Privacy Act. This proposed
routine use is compatible with the
purposes of this system because it will
permit the Department to obtain counsel
necessary to ensure that individual
privacy rights are protected and FOIA
requirements are met and followed.
The Department proposes to add a
new, routine use (13) ‘‘Disclosure in the
Course of Responding to a Breach of
Data’’ to permit the Department to
disclose records from this system to
appropriate agencies, entities, and
persons when: (a) The Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (b) the Department
has determined that as a result for 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 this 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. This
proposed routine use is compatible with
the purposes of the system because it
will permit the Department to take
appropriate steps in response to a
breach of personally identifiable
information that is maintained in this
system and to abide by the requirements
relating to a breach of personally
identifiable information that are set
forth in OMB Memorandum 07–16
‘‘Safeguarding Against and Responding
to the Breach of Personally Identifiable
Information.’’
The Department proposes to add a
new, routine use (14) ‘‘Disclosure to
National Archives Records
Administration, Office of Government
Information Services (OGIS),’’ to the
extent necessary to fulfill its
responsibilities in 5 U.S.C. 552(h), to
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review administrative agency policies,
procedures and compliance with the
Freedom of Information Act (FOIA), and
to facilitate OGIS’ offering of mediation
services to resolve disputes between
persons making FOIA requests and
administrative agencies.
Fifth, the policies and practices for
storing, retrieving, accessing, retaining,
and disposing of records in the system
have been updated to include storage of
data in a computer database, because
the original FOIA and PA Tracking
System notice omitted this. Further, the
retention and disposal policy has been
updated to comply with the General
Records Schedule (GRS) approved by
NARA.
Sixth, the description of safeguards
has been updated to include additional
security measures that have been put in
place.
Finally, the Department updated the
description of the system managers and
their addresses to reflect minor changes
in addresses.
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: May 26, 2015.
Andrew Jackson,
Assistant Secretary for Management.
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For the reasons discussed in the
preamble, the Principal Deputy
Assistant Secretary for Management of
the U.S. Department of Education
(Department) publishes a notice of
deleted and altered systems of records
to read as follows:
deleted. It has been consolidated and
merged into the ‘‘Freedom of
Information Act and Privacy Act
Tracking System’’ (18–05–20).
ALTERED SYSTEM NUMBER:
18–05–20
ALTERED SYSTEM NAME:
Freedom of Information Act and
Privacy Act Tracking System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Electronic Data Records: Plano
Technology Center, 2300 West Plano
Parkway, Plano, TX 75075.
See Appendix for additional system
locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system contains records on
individuals or their representatives who
have submitted Freedom of Information
Act (FOIA) or Privacy Act (PA) requests
for records and/or FOIA administrative
appeals with the Department;
individuals whose requests for records
have been referred to the Department by
other agencies; individuals who are the
subject of such requests, appeals; and/
or the Department personnel assigned to
handle such requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records
created or compiled in response to FOIA
requests, PA requests or both FOIA/PA
requests for records or subsequent
administrative appeals to include: The
requester’s name, address, telephone
number, email address; amount of fees
paid, and payment delinquencies, if
any; the original requests and
administrative appeals; responses to
such requests and appeals; all related
memoranda, correspondence, notes, and
other related or supporting
documentation, summary of log, and in
some instances copies of requested
records and records under
administrative appeal.
Note: Since these FOIA/PA case records
contain inquiries and requests regarding the
Department’s other systems of records subject
to the Privacy Act, information about
individuals from any of these other systems
may become part of this FOIA and PA
Tracking System.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
DELETED SYSTEMS
The Department identifies the system
of records entitled the ‘‘Freedom of
Information Act and Privacy Act Case
Files’’ (18–04–01), as published in the
Federal Register on December 27, 1999
(64 FR 72384, 72385–72387), to be
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The Freedom of Information Act, 5
U.S.C. 552, as amended; The Privacy
Act of 1974, 5 U.S.C. 552a, as amended.
PURPOSE(S):
This system is used to document and
track the status of requests made under
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both FOIA and the Privacy Act. This
system is also used to generate the
annual report to the Department of
Justice (DOJ) as required by the Freedom
of Information Act and the biennial
report to the OMB and Congress as
required by the Privacy Act.
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 under the routine
uses listed in this system of records
without the consent of the individual if
the disclosure is compatible with a
purpose for which the record was
collected. These disclosures are made
on a case-by-case basis or, if the
Department has complied with the
computer matching requirements of the
Privacy Act, under a computer matching
agreement.
(1) 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.
(2) 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.
(3) Litigation and ADR Disclosures.
(a) Introduction. In the event that one
of the parties listed below is involved in
litigation or ADR, or has an interest in
litigation 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, or any of its
components; or
(ii) Any Department employee in his
or her official capacity; or
(iii) Any Department employee in his
or her individual capacity if the
Department of Justice (DOJ) has agreed
to or has been requested to provide or
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arrange for representation of the
employee;
(iv) Any Department employee in his
or her individual capacity where the
Department 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 DOJ. If the
Department determines that disclosure
of certain records to the DOJ is relevant
and necessary to litigation or ADR, the
Department may disclose those records
as a routine use to the DOJ.
(c) Adjudicative Disclosures. If the
Department determines that disclosure
of certain records to an adjudicative
body before which the Department is
authorized to appear, an individual or
entity designated by the Department or
otherwise empowered to resolve or
mediate disputes is relevant and
necessary to the litigation or ADR, the
Department may disclose those records
as a routine use to the adjudicative
body, individual, or entity.
(d) Parties, Counsel, 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 litigation or ADR,
the Department may disclose those
records as a routine use to the party,
counsel, representative, or witness.
(4) 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
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.
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(5) 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 present or former employee
of the Department: A complaint, a
grievance, or a disciplinary or
competence determination proceeding.
The disclosure may only be made
during the course of the proceeding.
(6) Labor Organization Disclosure.
The Department may disclose records
from this system 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.
(7) Freedom of Information Act
(FOIA) and Privacy Act Advice
Disclosure. The Department may
disclose records to the DOJ and the
Office of Management and Budget if the
Department concludes that disclosure is
desirable or necessary in determining
whether particular records are required
to be disclosed under the FOIA or the
Privacy Act.
(8) Disclosure to the DOJ. The
Department may disclose records to the
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.
(9) 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 shall require the contractor
to maintain Privacy Act safeguards as
required under subsection (m) of the
Privacy Act (5 U.S.C. 552a(m)) with
respect to the records in the system.
(10) 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 researcher shall be
required to maintain Privacy Act
safeguards with respect to the disclosed
records.
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(11) 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.
(12) Disclosure to the OMB for Credit
Reform Act (CRA) Support. The
Department may disclose records to
OMB as necessary to fulfill CRA
requirements.
(13) Disclosure in the Course of
Responding to a Breach of Data. The
Department may disclose records from
this system to appropriate agencies,
entities, and persons when: (a) The
Department suspects or has confirmed
that the security or confidentiality of
information in the system of records has
been compromised; (b) the Department
has determined that as a result for 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 this 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.
(14) Disclosure to National Archives
Records Administration, Office of
Government Information Services
(OGIS). The Department may disclose
records to the National Archives and
Records Administration (NARA), Office
of Government Information Services
(OGIS), to the extent necessary to fulfill
its responsibilities in 5 U.S.C. 552(h), to
review administrative agency policies,
procedures and compliance with the
Freedom of Information Act (FOIA), and
to facilitate OGIS’ offering of mediation
services to resolve disputes between
persons making FOIA requests and
administrative agencies.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Not applicable to this notice.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are kept in file folders
in locked file cabinets. Electronic
records are kept in a computer database
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and communications protection, system
and information integrity, and program
management.
and on a web-based portal maintained
by the Department.
RETRIEVABILITY:
Records are retrieved by the name of
the individual or the control tracking
number.
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SAFEGUARDS:
All physical access to the sites of the
Department and the Department’s
contractors where this system of records
are maintained is controlled and
monitored by security personnel who
check each individual entering the
building for his or her employee badge.
Paper files are kept in locked file
cabinets. Immediate access to these
records is restricted to authorized staff.
Direct access to the computer system
employed by the Department is
restricted to authorized Department staff
performing official duties. Authorized
staff members are assigned passwords
that must be used for access to
computerized data. Also, an additional
password is necessary to gain access to
the system. The system-access password
is changed frequently. The Department’s
information system’s security posture
has been certified and accredited in
accordance with applicable Federal
standards. The computer database
maintained by Privacy Information &
Records Management Services, Office of
Management, is accessible only to
authorized persons and is passwordprotected and utilizes security hardware
and software. Additionally, the webbased portal is accessible only to
authorized persons and is passwordprotected.
In accordance with the Federal
Information Security Management Act
of 2002 (FISMA), the Freedom of
Information Act and Privacy Act
Tracking System must receive a signed
Authority to Operate (ATO) from a
designated Education official. The ATO
process includes an assessment of
security controls, a plan of action and
milestones to remediate any identified
deficiencies, and a continuous
monitoring program.
FISMA controls implemented by the
Department include a combination of
management, operational, and technical
controls, and include the following
control families: Access control,
awareness and training, audit and
accountability, security assessment and
authorization, configuration
management, contingency planning,
identification and authentication,
incident response, maintenance, media
protection, physical and environmental
protection, planning, personnel
security, privacy, risk assessment,
system and services acquisition, system
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RETENTION AND DISPOSAL:
Records relating to FOIA and PA
Tracking System are retained in
accordance with General Records
Schedule (GRS 14):
FOIA Requests Files—GRS 14, Item 11a (Ed
Schedule No.: 151)
FOIA Appeals Files—GRS 14, Item 12.a–c
(Ed Schedule No.: 152)
FOIA Control Files —GRS 14, Item 13.a–c
(Ed Schedule No.: 153)
FOIAXpress—ED 086 Information Systems
Supporting Materials for System Software
SYSTEM MANAGER(S) AND ADDRESS:
Freedom of Information Act Service
Center Director, Room LBJ 2E305, 400
Maryland Ave. SW., Washington, DC
20202.
NOTIFICATION PROCEDURE:
If an individual wishes to gain access
to a record in this system of records, he
or she should contact the system
manager at the appropriate office or
region where the original FOIA or
Privacy Act requests were sent, or from
where the response was received. A
request to amend a record must meet the
requirements of the Department’s
Privacy Act regulations in 34 CFR 5b.5,
including proof of identity.
RECORD ACCESS PROCEDURES:
If an individual wishes to gain access
to a record in this system of records, he
or she should contact the system
manager at the appropriate office or
region where the original FOIA or
Privacy Act requests were sent, or from
where the response was received. A
request to amend a record must meet the
requirements of the Department’s
Privacy Act regulations in 34 CFR 5b.5,
including proof of identity.
CONTESTING RECORD PROCEDURES:
If an individual wishes to contest the
content of a record pertaining to him or
herself that is contained in the system
of records, he or she should contact the
system manager at the appropriate office
or region where the original FOIA or
Privacy Act requests were sent (see
appendix), or from where the response
was received. A request to amend a
record must meet the requirements of
the Department’s Privacy Act
regulations in 34 CFR 5b.7.
RECORD SOURCE CATEGORIES:
Information in this system of records
is obtained from the individual who
submitted the request, officials of the
Department, and official Department
documents.
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EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Appendix to 18–05–20
FOIA PROGRAM OFFICES
Office of the Secretary, U.S.
Department of Education, 400 Maryland
Avenue SW., Room 7C122, Washington,
DC 20202.
Office of the Under Secretary, U.S.
Department of Education, 400 Maryland
Avenue SW., Room 7E313, Washington,
DC 20202.
Office of the Deputy Secretary, U.S.
Department of Education, 400 Maryland
Avenue SW., Room 7W316,
Washington, DC 20202.
Office of the Chief Financial Officer,
U.S. Department of Education, Potomac
Center Plaza, 550 12th Street SW., Room
6105, Washington, DC 20202.
Office of Chief Information Officer,
U.S. Department of Education, Potomac
Center Plaza, 550 12th Street SW., Room
9111, Washington, DC 20202.
Office of Special Education and
Rehabilitative Services, U.S. Department
of Education, Potomac Center Plaza, 550
12th Street SW., Room 5064,
Washington, DC 20202.
Office of Career, Technical, and Adult
Education, U.S. Department of
Education, Potomac Center Plaza, 550
12th Street SW., Room 11129,
Washington, DC 20202.
Office of the General Counsel, U.S.
Department of Education, 400 Maryland
Avenue SW., Room 6E333, Washington,
DC 20202.
Office of Management, U.S.
Department of Education, 400 Maryland
Avenue SW., Room 2E209, Washington,
DC 20202.
Office of Inspector General, U.S.
Department of Education, Potomac
Center Plaza, 550 12th Street SW., Room
8086, Washington, DC 20202.
Office of Elementary and Secondary
Education, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 3W253, Washington, DC 20202.
Office of Student Financial Assistance
Programs, U.S. Department of
Education, Union Center Plaza, 830 1st
Street NE., Room 22D2, Washington, DC
20202.
Office for Civil Rights, U.S.
Department of Education, 400 Maryland
Avenue SW., Room 4C151, Washington,
DC 20202.
Institute of Education Sciences, U.S.
Department of Education, Capital Place,
555 New Jersey Avenue NW., Room
627B, Washington, DC 20208.
Office of Postsecondary Education,
U.S. Department of Education, 1990 K
Street NW., Room 7147, Washington,
DC 20006.
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Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Notices
Office of Legislation & Congressional
Affairs, U.S. Department of Education,
400 Maryland Avenue SW., Room
6W352, Washington, DC 20202.
Office of Communication & Outreach,
U.S. Department of Education, 400
Maryland Avenue SW., Room 5E225,
Washington, DC 20202.
Office of Planning, Evaluation and
Policy Development, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5E319, Washington, DC 20202.
National Assessment Governing
Board, 800 North Capitol Street NW.,
Room 825, Washington, DC 20002.
REGIONAL FOIA OFFICES
Region I: Regional Director, OCR, 5
Post Office Square, 8th Floor, Boston,
MA 02109–3921.
Region II: Regional Director, OCR, 32
Old Slip, 26th Floor, New York, NY
10005–2500.
Region III: Regional Director, OCR,
The Wanamaker Building, 100 Penn
Square East, Suite 515, Philadelphia, PA
19107–3323.
Region IV: Regional Director, OCR, 61
Forsyth Street SW., Suite 19T10,
Atlanta, GA 30303–8927.
Region V: Regional Director, OCR
Citigroup Center, 500 W. Madison
Street, Suite 1475, Chicago, IL 60661
Region VI: Regional Director, OCR,
1999 Bryan Street, Suite 1620, Dallas,
TX 75201–6810.
Region VII: Regional Director, OCR,
One Petticoat Lane, 1010 Walnut Street,
Suite 320, 3rd Floor, Kansas City, MO
64106.
Region VIII: Regional Director, OCR,
Cesar E. Chavez Memorial Building,
1244 Speer Boulevard, Suite 310,
Denver, CO 80204–3582.
Region IX: Regional Director, OCR 50
Beale Street, Suite 7200, San Francisco,
CA 94105.
Region X: Regional Director, OCR, 915
Second Avenue, Room 3310, Seattle,
WA 98174–1099.
Region XI: Regional Director, OCR,
400 Maryland Avenue SW.,
Washington, DC 20202–1745.
Region XV: Regional Director, OCR,
1350 Euclid Avenue, Suite 325,
Cleveland, OH 44115.
[FR Doc. 2015–13048 Filed 5–28–15; 8:45 am]
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BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–9021–2]
Environmental Impact Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information (202)
VerDate Sep<11>2014
15:17 May 28, 2015
Jkt 235001
564–7146 or https://www.epa.gov/
compliance/nepa/.
Weekly receipt of Environmental Impact
Statements
Filed 05/18/2015 Through 05/22/2015
Pursuant to 40 CFR 1506.9.
Notice
Section 309(a) of the Clean Air Act
requires that EPA make public its
comments on EISs issued by other
Federal agencies. EPA’s comment letters
on EISs are available at: https://
cdxnodengn.epa.gov/cdx-enepa-public/
action/eis/search.
EIS No. 20150137, Final, USACE, CA,
Southport Sacramento River Early
Implementation Project, Review
Period Ends: 07/06/2015, Contact:
Tanis Toland 916–557–6717.
EIS No. 20150138, Final, BLM, MT,
HiLine District Proposed Resource
Management Plan, Review Period
Ends: 06/29/2015, Contact: Brian
Hockett 406–262–2837.
EIS No. 20150139, Final, BLM, WY,
Buffalo Proposed Resource
Management Plan, Review Period
Ends: 06/29/2015, Contact: Thomas
Bills 307–684–1133.
EIS No. 20150140, Final, BLM, MT,
Miles City Field Office Proposed
Resource Management Plan, Review
Period Ends: 06/29/2015, Contact:
Mary Bloom 406–233–2800.
EIS No. 20150141, Final, BLM, SD,
South Dakota Field Office Proposed
Resource Management Plan, Review
Period Ends: 06/29/2015, Contact:
Mitch Iverson 605–892–7008.
EIS No. 20150142, Final, BLM, MT,
Billings and Pompeys Pillar National
Monument Proposed Resource
Management Plan, Review Period
Ends: 06/29/2015, Contact: Carolyn
Sherve-Bybee 406–896–5234.
EIS No. 20150143, Final, BLM, ND,
North Dakota Greater Sage-Grouse
Proposed Land Use Plan Amendment,
Review Period Ends: 06/29/2015,
Contact: Ruth Miller 406–896–5023.
EIS No. 20150144, Final, BLM, MT,
Lewistown Greater Sage-Grouse
Proposed Land Use Plan Amendment,
Review Period Ends: 06/29/2015,
Contact: Adam Carr 406–538–1913.
EIS No. 20150145, Final, BLM, ID, Idaho
and Southwestern Montana Greater
Sage-Grouse Proposed Land Use Plan
Amendments, Review Period Ends:
06/29/2015, Contact: Jonathan Beck
208–373–4070.
EIS No. 20150146, Final, BLM, CO,
Northwest Colorado Greater SageGrouse Proposed Land Use Plan
Amendments, Review Period Ends:
06/29/2015, Contact: Erin Jones 970–
244–3008.
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EIS No. 20150147, Final, BLM, WY,
Wyoming Greater Sage-Grouse
Proposed Land Use Plan
Amendments, Review Period Ends:
06/29/2015, Contact: William West
307–352–0259.
EIS No. 20150148, Final, BLM, NV,
Nevada and Northeastern California
Greater Sage-Grouse Proposed Land
Use Plan Amendments, Review
Period Ends: 06/29/2015, Contact:
Lauren Mermejo 775–861–6580.
EIS No. 20150149, Final, BLM, UT, Utah
Greater Sage-Grouse Proposed Land
Use Plan Amendments, Review
Period Ends: 06/29/2015, Contact:
Quincy Bahr 801–539–4122.
EIS No. 20150150, Final, BLM, WY,
Bighorn Basin Proposed Resource
Management Plan, Review Period
Ends: 06/29/2015, Contact: Holly
Elliott 307–347–5193.
EIS No. 20150151, Draft, USFS, CO,
Spruce Beetle Epidemic and Aspen
Decline Management Response,
Comment Period Ends: 07/14/2015,
Contact: Scott Williams 760–382–
7371.
EIS No. 20150152, Final, BLM, OR,
Oregon Greater Sage-Grouse Proposed
Land Use Plan Amendments, Review
Period Ends: 06/29/2015, Contact:
Joan Suther 541–573–4445.
EIS No. 20150153, Final, STB, UT, Six
County Association of Governments
Construction and Operation between
Levan and Salina, Review Period
Ends: 06/28/2015, Contact: Philllis
Johnson-Ball 202 245–0304.
EIS No. 20150154, Draft Supplement,
USACE, CA, Delta Wetlands Project,
Comment Period Ends: 07/13/2015,
Contact: Marc A. Fugler 916–557–
5255.
EIS No. 20150155, Draft, FEMA, OR,
Southern Flow Corridor Project,
Comment Period Ends: 07/13/2015,
Contact: Mark Eberlein 425–487–
4735.
Amended Notices
EIS No. 20150059, Draft, NMFS, WA,
The Makah Tribe Request to Hunt
Gray Whales, Comment Period Ends:
07/31/2015, Contact: Steve Stone
503–231–2317. Revision to the FR
Notice Published 03/13/2015;
Extending Comment Period from 06/
11/2015 to 07/31/2015.
Dated: May 26, 2015.
Cliff Rader,
Director, NEPA Compliance Division, Office
of Federal Activities.
[FR Doc. 2015–13037 Filed 5–28–15; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Notices]
[Pages 30671-30676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13048]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records
AGENCY: Office of the Chief Information Officer, Department of
Education.
ACTION: Notice of altered and deleted systems of records under the
Privacy Act of 1974.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, as
amended (Privacy Act), the Department of Education (Department)
publishes this notice proposing an altered system of records entitled
``Freedom of Information Act and Privacy Act Tracking System.'' The
Department also deletes the system of records entitled ``Freedom of
Information Act and Privacy Act Case Files'' (18-04-01) from its
existing inventory of systems of records subject to the Privacy Act.
For the Freedom of Information Act (FOIA) and Privacy Act (PA)
Tracking System, this notice updates the system location and system of
records notice (SORN) number, categories of individuals covered by the
system, categories of records in the system, system managers and
addresses, and routine uses.
The Department identifies the system of records, Freedom of
Information Act and Privacy Act Case Files (18-04-01), as published in
the Federal Register on December 27, 1999 (64 FR 72384, 72385-72387) to
be deleted because it has been consolidated and merged into the FOIA
and PA Tracking System (18-05-20).
DATES: The Department seeks comments on the altered and deleted systems
of records described in this notice, in accordance with the
requirements of the Privacy Act. We must receive your comments on the
proposed changes to the FOIA and PA Tracking System of records included
in this notice on or before June 29, 2015.
The Department filed a report describing the alterations to the
FOIA and PA Tracking System of records 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 May 14, 2015. The alterations
to the FOIA and PA Tracking System of records will become effective at
the later date of: (1) The expiration of the 40-day period for OMB
review on June 23, 2015, unless OMB waives 10 days of the 40-day review
period for compelling reasons shown by the Department; or (2) June 29,
2015, unless the altered FOIA and PA Tracking system of records needs
to be changed as a result of public comment or OMB review. The
Department will publish any changes to the altered system of records
notice that result from public comment or OMB review.
ADDRESSES: Address all comments about the FOIA and PA Tracking System
to Freedom of Information Act Service Center Director, Office of
Management, U.S. Department of Education, 400 Maryland Ave. SW., LBJ
2E305, Washington, DC 20202-4536. If you prefer to send your comments
by email, use the following address: comments@ed.gov.
You must include the phrase ``Freedom of Information Act and
Privacy Act Tracking System'' in the subject line of your email.
During and after the comment period, you may inspect all public
comments about this notice in Room 502D, 555 New Jersey Avenue NW.,
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 aid to an
individual with a disability 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: Freedom of Information Act Service
Center Director, Office of Management, U.S. Department of Education,
400 Maryland Ave. SW., Room LBJ 2E305, Washington, DC 20202-4536.
Telephone: (202) 453-6362.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative
[[Page 30672]]
format (e.g., braille, large print, audiotape, or computer diskette) on
request to the contact person listed in the above paragraph.
SUPPLEMENTARY INFORMATION:
Introduction
The Privacy Act (5 U.S.C. 552a(e)(4) and (11)) requires the
Department to publish in the Federal Register this notice of an altered
system of records. 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 (SSN). 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 notices of systems
of records in the Federal Register and to prepare and send reports to
the Administrator of the Office of Information and Regulatory Affairs,
OMB whenever the agency publishes a new or altered 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 of Representatives 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.
Since the last publication of the FOIA and PA Tracking System of
records in the Federal Register on June 4, 1999 (64 FR 30106, 30119-
22), a number of changes have been identified that are needed to update
and accurately depict the current state of the system of records.
The changes in the attached notice for the FOIA and PA Tracking
System are numerous.
First, the system location has been updated to reflect the
relocation of the Department's data center; to change its numbering
from 18-04-02 to 18-05-20, and change the system location from the
Office of the Chief Information Officer (CIO) to the Office of
Management (OM).
Second, the paragraph in the notice describing the categories of
individuals covered by the system is being updated to include
individuals who have submitted requests for FOIA administrative
appeals; individuals whose requests for records have been referred to
the Department by other agencies; individuals who are the subject of
such requests, appeals; and/or personnel assigned to handle such
requests and appeals.
Third, the paragraph in the notice describing the categories of
records contained in the system originally stated that copies of
requested records were not maintained in the system. This notice is
updating the categories of records in the system to state that copies
of requested records are maintained in the system. In addition, the
categories of records in the system have been updated to include the
following records and related correspondence on individuals:
requester's name, address, telephone number, email address, amount of
fees paid and payment delinquencies, if any; the original requests and
administrative appeals, responses to such requests and appeals, all
related memoranda, correspondence, notes, and other related or
supporting documentation, summary of log, and in some instances, copies
of requested records and records under administrative appeal.
Fourth, the routine uses of records maintained in the system have
been updated and two new routine uses will be added.
The Department proposes to revise routine use (3)(a)(iii)
``Litigation and Alternative Dispute Resolution (ADR) Disclosures'' to
permit the Department to disclose certain records from this system to
the parties described in routine use paragraphs (3)(b) ``Disclosure to
the Department of Justice (DOJ),'' (3)(c) ``Administrative
Disclosures,'' and (3)(d) ``Parties, Counsel, Representatives, and
Witnesses'' for any Department employee in his or her individual
capacity if the DOJ has been requested to provide or arrange for
representation of the employee. This proposed routine use is compatible
with this system of records because it will allow the Department to
disclose records from this system of records as needed to obtain legal
representation for Department employees.
The Department proposes to revise routine use (6) ``Labor
Organization Disclosure'' to permit the Department to disclose records
from this system 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. This proposed routine use is
compatible with this system of records because it will permit the
Department to fulfill its statutory obligation to allow a labor
organization to perform its duties of exclusive representation and it
will permit the disclosure of records to arbitrators as needed to
resolve disputes pursuant to negotiated grievance procedures.
The Department also proposes to revise routine use (7) ``Freedom of
Information Act (FOIA) and Privacy Act Advice Disclosure'' to permit
the Department to disclose records from this system to the Department
of Justice and OMB if the Department concludes that disclosure is
desirable or necessary in determining whether particular records are
required to be disclosed under the FOIA or the Privacy Act. This
proposed routine use is compatible with the purposes of this system
because it will permit the Department to obtain counsel necessary to
ensure that individual privacy rights are protected and FOIA
requirements are met and followed.
The Department proposes to add a new, routine use (13) ``Disclosure
in the Course of Responding to a Breach of Data'' to permit the
Department to disclose records from this system to appropriate
agencies, entities, and persons when: (a) The Department suspects or
has confirmed that the security or confidentiality of information in
the system of records has been compromised; (b) the Department has
determined that as a result for 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 this 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. This proposed routine use is
compatible with the purposes of the system because it will permit the
Department to take appropriate steps in response to a breach of
personally identifiable information that is maintained in this system
and to abide by the requirements relating to a breach of personally
identifiable information that are set forth in OMB Memorandum 07-16
``Safeguarding Against and Responding to the Breach of Personally
Identifiable Information.''
The Department proposes to add a new, routine use (14) ``Disclosure
to National Archives Records Administration, Office of Government
Information Services (OGIS),'' to the extent necessary to fulfill its
responsibilities in 5 U.S.C. 552(h), to
[[Page 30673]]
review administrative agency policies, procedures and compliance with
the Freedom of Information Act (FOIA), and to facilitate OGIS' offering
of mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
Fifth, the policies and practices for storing, retrieving,
accessing, retaining, and disposing of records in the system have been
updated to include storage of data in a computer database, because the
original FOIA and PA Tracking System notice omitted this. Further, the
retention and disposal policy has been updated to comply with the
General Records Schedule (GRS) approved by NARA.
Sixth, the description of safeguards has been updated to include
additional security measures that have been put in place.
Finally, the Department updated the description of the system
managers and their addresses to reflect minor changes in addresses.
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: May 26, 2015.
Andrew Jackson,
Assistant Secretary for Management.
For the reasons discussed in the preamble, the Principal Deputy
Assistant Secretary for Management of the U.S. Department of Education
(Department) publishes a notice of deleted and altered systems of
records to read as follows:
DELETED SYSTEMS
The Department identifies the system of records entitled the
``Freedom of Information Act and Privacy Act Case Files'' (18-04-01),
as published in the Federal Register on December 27, 1999 (64 FR 72384,
72385-72387), to be deleted. It has been consolidated and merged into
the ``Freedom of Information Act and Privacy Act Tracking System'' (18-
05-20).
ALTERED SYSTEM NUMBER:
18-05-20
ALTERED SYSTEM NAME:
Freedom of Information Act and Privacy Act Tracking System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Electronic Data Records: Plano Technology Center, 2300 West Plano
Parkway, Plano, TX 75075.
See Appendix for additional system locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individuals or their
representatives who have submitted Freedom of Information Act (FOIA) or
Privacy Act (PA) requests for records and/or FOIA administrative
appeals with the Department; individuals whose requests for records
have been referred to the Department by other agencies; individuals who
are the subject of such requests, appeals; and/or the Department
personnel assigned to handle such requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records created or compiled in response to
FOIA requests, PA requests or both FOIA/PA requests for records or
subsequent administrative appeals to include: The requester's name,
address, telephone number, email address; amount of fees paid, and
payment delinquencies, if any; the original requests and administrative
appeals; responses to such requests and appeals; all related memoranda,
correspondence, notes, and other related or supporting documentation,
summary of log, and in some instances copies of requested records and
records under administrative appeal.
Note: Since these FOIA/PA case records contain inquiries and
requests regarding the Department's other systems of records subject
to the Privacy Act, information about individuals from any of these
other systems may become part of this FOIA and PA Tracking System.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Freedom of Information Act, 5 U.S.C. 552, as amended; The
Privacy Act of 1974, 5 U.S.C. 552a, as amended.
PURPOSE(S):
This system is used to document and track the status of requests
made under both FOIA and the Privacy Act. This system is also used to
generate the annual report to the Department of Justice (DOJ) as
required by the Freedom of Information Act and the biennial report to
the OMB and Congress as required by the Privacy Act.
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 under the routine uses listed in this system of
records without the consent of the individual if the disclosure is
compatible with a purpose for which the record was collected. These
disclosures are made on a case-by-case basis or, if the Department has
complied with the computer matching requirements of the Privacy Act,
under a computer matching agreement.
(1) 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.
(2) 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.
(3) Litigation and ADR Disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR, or has an interest in litigation 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, or any of its components; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to or has been requested to
provide or
[[Page 30674]]
arrange for representation of the employee;
(iv) Any Department employee in his or her individual capacity
where the Department 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 DOJ. If the Department determines that
disclosure of certain records to the DOJ is relevant and necessary to
litigation or ADR, the Department may disclose those records as a
routine use to the DOJ.
(c) Adjudicative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the litigation or ADR, the Department may
disclose those records as a routine use to the adjudicative body,
individual, or entity.
(d) Parties, Counsel, 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
litigation or ADR, the Department may disclose those records as a
routine use to the party, counsel, representative, or witness.
(4) 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
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.
(5) 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 present or former employee of the
Department: A complaint, a grievance, or a disciplinary or competence
determination proceeding. The disclosure may only be made during the
course of the proceeding.
(6) Labor Organization Disclosure. The Department may disclose
records from this system 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.
(7) Freedom of Information Act (FOIA) and Privacy Act Advice
Disclosure. The Department may disclose records to the DOJ and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA or the Privacy Act.
(8) Disclosure to the DOJ. The Department may disclose records to
the 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.
(9) 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 shall require the contractor to maintain
Privacy Act safeguards as required under subsection (m) of the Privacy
Act (5 U.S.C. 552a(m)) with respect to the records in the system.
(10) 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 researcher shall be required to maintain
Privacy Act safeguards with respect to the disclosed records.
(11) 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.
(12) Disclosure to the OMB for Credit Reform Act (CRA) Support. The
Department may disclose records to OMB as necessary to fulfill CRA
requirements.
(13) Disclosure in the Course of Responding to a Breach of Data.
The Department may disclose records from this system to appropriate
agencies, entities, and persons when: (a) The Department suspects or
has confirmed that the security or confidentiality of information in
the system of records has been compromised; (b) the Department has
determined that as a result for 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 this 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.
(14) Disclosure to National Archives Records Administration, Office
of Government Information Services (OGIS). The Department may disclose
records to the National Archives and Records Administration (NARA),
Office of Government Information Services (OGIS), to the extent
necessary to fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures and compliance with the
Freedom of Information Act (FOIA), and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable to this notice.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are kept in file folders in locked file cabinets.
Electronic records are kept in a computer database
[[Page 30675]]
and on a web-based portal maintained by the Department.
RETRIEVABILITY:
Records are retrieved by the name of the individual or the control
tracking number.
SAFEGUARDS:
All physical access to the sites of the Department and the
Department's contractors where this system of records are maintained is
controlled and monitored by security personnel who check each
individual entering the building for his or her employee badge. Paper
files are kept in locked file cabinets. Immediate access to these
records is restricted to authorized staff. Direct access to the
computer system employed by the Department is restricted to authorized
Department staff performing official duties. Authorized staff members
are assigned passwords that must be used for access to computerized
data. Also, an additional password is necessary to gain access to the
system. The system-access password is changed frequently. The
Department's information system's security posture has been certified
and accredited in accordance with applicable Federal standards. The
computer database maintained by Privacy Information & Records
Management Services, Office of Management, is accessible only to
authorized persons and is password-protected and utilizes security
hardware and software. Additionally, the web-based portal is accessible
only to authorized persons and is password-protected.
In accordance with the Federal Information Security Management Act
of 2002 (FISMA), the Freedom of Information Act and Privacy Act
Tracking System must receive a signed Authority to Operate (ATO) from a
designated Education official. The ATO process includes an assessment
of security controls, a plan of action and milestones to remediate any
identified deficiencies, and a continuous monitoring program.
FISMA controls implemented by the Department include a combination
of management, operational, and technical controls, and include the
following control families: Access control, awareness and training,
audit and accountability, security assessment and authorization,
configuration management, contingency planning, identification and
authentication, incident response, maintenance, media protection,
physical and environmental protection, planning, personnel security,
privacy, risk assessment, system and services acquisition, system and
communications protection, system and information integrity, and
program management.
RETENTION AND DISPOSAL:
Records relating to FOIA and PA Tracking System are retained in
accordance with General Records Schedule (GRS 14):
FOIA Requests Files--GRS 14, Item 11a (Ed Schedule No.: 151)
FOIA Appeals Files--GRS 14, Item 12.a-c (Ed Schedule No.: 152)
FOIA Control Files --GRS 14, Item 13.a-c (Ed Schedule No.: 153)
FOIAXpress--ED 086 Information Systems Supporting Materials for
System Software
SYSTEM MANAGER(S) AND ADDRESS:
Freedom of Information Act Service Center Director, Room LBJ 2E305,
400 Maryland Ave. SW., Washington, DC 20202.
NOTIFICATION PROCEDURE:
If an individual wishes to gain access to a record in this system
of records, he or she should contact the system manager at the
appropriate office or region where the original FOIA or Privacy Act
requests were sent, or from where the response was received. A request
to amend a record must meet the requirements of the Department's
Privacy Act regulations in 34 CFR 5b.5, including proof of identity.
RECORD ACCESS PROCEDURES:
If an individual wishes to gain access to a record in this system
of records, he or she should contact the system manager at the
appropriate office or region where the original FOIA or Privacy Act
requests were sent, or from where the response was received. A request
to amend a record must meet the requirements of the Department's
Privacy Act regulations in 34 CFR 5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If an individual wishes to contest the content of a record
pertaining to him or herself that is contained in the system of
records, he or she should contact the system manager at the appropriate
office or region where the original FOIA or Privacy Act requests were
sent (see appendix), or from where the response was received. A request
to amend a record must meet the requirements of the Department's
Privacy Act regulations in 34 CFR 5b.7.
RECORD SOURCE CATEGORIES:
Information in this system of records is obtained from the
individual who submitted the request, officials of the Department, and
official Department documents.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Appendix to 18-05-20
FOIA Program Offices
Office of the Secretary, U.S. Department of Education, 400 Maryland
Avenue SW., Room 7C122, Washington, DC 20202.
Office of the Under Secretary, U.S. Department of Education, 400
Maryland Avenue SW., Room 7E313, Washington, DC 20202.
Office of the Deputy Secretary, U.S. Department of Education, 400
Maryland Avenue SW., Room 7W316, Washington, DC 20202.
Office of the Chief Financial Officer, U.S. Department of
Education, Potomac Center Plaza, 550 12th Street SW., Room 6105,
Washington, DC 20202.
Office of Chief Information Officer, U.S. Department of Education,
Potomac Center Plaza, 550 12th Street SW., Room 9111, Washington, DC
20202.
Office of Special Education and Rehabilitative Services, U.S.
Department of Education, Potomac Center Plaza, 550 12th Street SW.,
Room 5064, Washington, DC 20202.
Office of Career, Technical, and Adult Education, U.S. Department
of Education, Potomac Center Plaza, 550 12th Street SW., Room 11129,
Washington, DC 20202.
Office of the General Counsel, U.S. Department of Education, 400
Maryland Avenue SW., Room 6E333, Washington, DC 20202.
Office of Management, U.S. Department of Education, 400 Maryland
Avenue SW., Room 2E209, Washington, DC 20202.
Office of Inspector General, U.S. Department of Education, Potomac
Center Plaza, 550 12th Street SW., Room 8086, Washington, DC 20202.
Office of Elementary and Secondary Education, U.S. Department of
Education, 400 Maryland Avenue SW., Room 3W253, Washington, DC 20202.
Office of Student Financial Assistance Programs, U.S. Department of
Education, Union Center Plaza, 830 1st Street NE., Room 22D2,
Washington, DC 20202.
Office for Civil Rights, U.S. Department of Education, 400 Maryland
Avenue SW., Room 4C151, Washington, DC 20202.
Institute of Education Sciences, U.S. Department of Education,
Capital Place, 555 New Jersey Avenue NW., Room 627B, Washington, DC
20208.
Office of Postsecondary Education, U.S. Department of Education,
1990 K Street NW., Room 7147, Washington, DC 20006.
[[Page 30676]]
Office of Legislation & Congressional Affairs, U.S. Department of
Education, 400 Maryland Avenue SW., Room 6W352, Washington, DC 20202.
Office of Communication & Outreach, U.S. Department of Education,
400 Maryland Avenue SW., Room 5E225, Washington, DC 20202.
Office of Planning, Evaluation and Policy Development, U.S.
Department of Education, 400 Maryland Avenue SW., Room 5E319,
Washington, DC 20202.
National Assessment Governing Board, 800 North Capitol Street NW.,
Room 825, Washington, DC 20002.
Regional FOIA Offices
Region I: Regional Director, OCR, 5 Post Office Square, 8th Floor,
Boston, MA 02109-3921.
Region II: Regional Director, OCR, 32 Old Slip, 26th Floor, New
York, NY 10005-2500.
Region III: Regional Director, OCR, The Wanamaker Building, 100
Penn Square East, Suite 515, Philadelphia, PA 19107-3323.
Region IV: Regional Director, OCR, 61 Forsyth Street SW., Suite
19T10, Atlanta, GA 30303-8927.
Region V: Regional Director, OCR Citigroup Center, 500 W. Madison
Street, Suite 1475, Chicago, IL 60661
Region VI: Regional Director, OCR, 1999 Bryan Street, Suite 1620,
Dallas, TX 75201-6810.
Region VII: Regional Director, OCR, One Petticoat Lane, 1010 Walnut
Street, Suite 320, 3rd Floor, Kansas City, MO 64106.
Region VIII: Regional Director, OCR, Cesar E. Chavez Memorial
Building, 1244 Speer Boulevard, Suite 310, Denver, CO 80204-3582.
Region IX: Regional Director, OCR 50 Beale Street, Suite 7200, San
Francisco, CA 94105.
Region X: Regional Director, OCR, 915 Second Avenue, Room 3310,
Seattle, WA 98174-1099.
Region XI: Regional Director, OCR, 400 Maryland Avenue SW.,
Washington, DC 20202-1745.
Region XV: Regional Director, OCR, 1350 Euclid Avenue, Suite 325,
Cleveland, OH 44115.
[FR Doc. 2015-13048 Filed 5-28-15; 8:45 am]
BILLING CODE 4000-01-P