Privacy Act of 1974; System of Records, 80331-80339 [2015-32501]
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Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices
pit, Lake Silveira to create wetlands and
reestablishing flows in 2000 linear of
feet of Llagas Creek. Construction
activities would include channel
modifications (e.g. widening and
deepening), installation/replacement
grade control structures, constructing or
replacing culverts, installing
maintenance roads and access ramps,
upgrading bridge crossings and
construction of a diversion channel. As
proposed, the project would result in
approximately 44.82 acres of temporary
and 3.81 acres of permanent impacts to
waters of the United States. The SCVWD
would need to obtain a Department of
the Army permit pursuant to Section
404 of the Clean Water Act from the
USACE. This Draft Environmental
Impact Statement evaluates the
environmental effects of 5 alternatives
including the, the Applicant’s Proposed
Action (Tunnel Alternative), NRCS
Alternative, Culvert/Channel
Alternative, Reach 6 Bypass Alternative,
and the no action alternative.
Dated: December 18, 2015.
Tori White,
Acting Chief, Regulatory Division.
[FR Doc. 2015–32458 Filed 12–23–15; 8:45 am]
BILLING CODE 3720–58–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, as amended
(Privacy Act), the Department of
Education (Department) publishes this
notice to amend the systems of records
entitled ‘‘Debarment and Suspension
Proceedings under Executive Order (EO)
12549, the Drug-Free Workplace Act,
and the Federal Acquisition Regulation
(FAR)’’ (18–03–01)(Debarment and
Suspension Proceedings system) and
‘‘Education’s Central Automated
Processing System (EDCAPS)’’ (18–03–
02). The Department deletes two
systems of records entitled ‘‘Receivables
Management System’’ (18–03–03) and
the ‘‘Travel Manager System’’ (18–03–
05) from its existing inventory of
systems of records subject to the Privacy
Act.
For the Debarment and Suspension
Proceedings system, this notice updates
the system location; the authority for
maintenance of the system; the routine
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SUMMARY:
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uses of records maintained in the
system; the policies and practices for
storing, retrieving, accessing, retaining,
and disposing of records in the system
(specifically the retention and disposal
of system records); the safeguards that
protect the records in the system; and
the system managers and addresses.
For the EDCAPS system, this notice
updates the system location; the
categories of individuals covered by the
system; the categories of records in the
system; the authority for maintenance of
the system; purposes of the system; the
routine uses of records maintained in
the system; the policies and practices
for storing, retrieving, accessing,
retaining, and disposing of records in
the system; and the system managers
and addresses.
The Department identifies the system
of records ‘‘Receivables Management
System’’ (18–03–03), as published in the
Federal Register on June 4, 1999 (64 FR
30106, 30116–18) to be deleted because
the records on individuals who are
covered by this system of records are
maintained in the Department’s
EDCAPS system of records (18–04–04).
The Department also identifies the
system of records ‘‘Travel Manager
System’’ (18–03–05), as published in the
Federal Register on February 7, 2002
(67 FR 5908–10), to be deleted because
the Department migrated to the General
Services Administration’s (GSA’s)
Contracted Travel Services Program on
October 2, 2006, and consequently the
Department’s system has been replaced
by the GSA’s Government wide system
of records notice entitled ‘‘Contracted
Travel Services Program’’ (GSA/GOVT–
4), as published in the Federal Register
on June 3, 2009 (74 FR 26700–702).
DATES: Submit your comments on this
notice of altered and deleted systems of
records on or before January 25, 2016.
The Department filed a report
describing the alterations to the
Debarment and Suspension Proceedings
and the EDCAPS systems 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 [DRS/OGC WILL INSERT
DATE TRANSMITTAL LETTERS ARE
SENT]. The alterations to the Debarment
and Suspension Proceedings and
EDCAPS systems of records will become
effective at the later date of (1) The
expiration of the 40-day period for OMB
review on [DRS WILL INSERT DATE 40
DAYS AFTER THE DATE
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80331
TRANSMITTAL LETTERS ARE SENT],
unless OMB waives 10 days of the 40–
day review period for compelling
reasons shown by the Department; or (2)
January 25, 2016, unless the altered
Debarment and Suspension Proceedings
or EDCAPS systems of records needs to
be changed as a result of public
comment or OMB review.
ADDRESSES: Address all comments about
the Debarment and Suspension
Proceedings system to Philip A. Maestri,
Director, Risk Management Service,
Office of the Deputy Secretary, U.S.
Department of Education, 400 Maryland
Ave. SW., Washington, DC 20202–5970.
If you prefer to send comments by
email, use the following address:
comments@ed.gov.
You must include the term
‘‘Debarment and Suspension
Proceedings’’ in the subject line of your
email.
Address all comments about the
EDCAPS system to Greg Robison,
Director, Financial Systems Services,
Office of the Chief Information Officer
(OCIO), U.S. Department of Education,
550 12th St. SW., PCP, Room 9150,
Washington, DC 20202–1100. If you
prefer to send comments by email, use
the following address: comments@
ed.gov.
You must include the term
‘‘EDCAPS’’ in the subject line of your
email.
During and after the comment period,
you may inspect all public comments
about this notice at the U.S. Department
of Education between the hours of 8:00
a.m. and 4:30 p.m., Eastern time,
Monday through Friday of each week
except Federal holidays. To inspect the
public comments, contact the
appropriate persons listed under FOR
FURTHER INFORMATION CONTACT.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record
On request we will provide an
appropriate accommodation or auxiliary
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.
To schedule an appointment for this
type of aid, please contact the person
listed under FOR FURTHER INFORMATION
CONTACT.
For
Debarment and Suspension
Proceedings, Philip A. Maestri, Director,
Risk Management Service, Office of the
Deputy Secretary, U.S. Department of
Education, 400 Maryland Ave. SW.,
Washington, DC 20202–5970.
Telephone: (202) 245–8278.
FOR FURTHER INFORMATION CONTACT:
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For EDCAPS, Greg Robison, Director,
Financial Systems Services, OCIO, U.S.
Department of Education, 550 12th St.
SW., PCP, room 9150, Washington, DC
20202–1100. Telephone: (202) 245–
7187.
If you use a telecommunications
device for the deaf (TDD) or text
telephone (TTY), you may call the
Federal Relay Service (FRS) at 1–800–
877–8339.
SUPPLEMENTARY INFORMATION:
Introduction
The Privacy Act requires the
Department to publish in the Federal
Register this notice of altered and
deleted systems of records (5 U.S.C.
552a(e)(4). 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 a record
about an individual that contains
individually identifying information
that 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.’’
Whenever the Department makes a
significant change to an established
system of records, the Privacy Act
requires the Department to publish a
notice of an altered system of records in
the Federal Register and to prepare and
send a report to the Chair of the
Committee on Oversight and
Government Reform of the House of
Representatives, the Chair of the
Committee on Homeland Security and
Governmental Affairs of the Senate, and
the Administrator of the Office of
Information and Regulatory Affairs,
OMB. These reports are intended to
permit an evaluation of the probable
effect of the proposal on the privacy
rights of individuals.
A change to a system of records is
considered to be a significant change
that must be reported whenever an
agency expands the types or categories
of information maintained, significantly
expands the number, types, or
categories of individuals about whom
records are maintained, changes the
purpose for which the information is
used, changes the equipment
configuration in a way that creates
substantially greater access to the
records, or adds a routine use disclosure
to the system.
DEBARMENT AND SUSPENSION
PROCEEDINGS SYSTEM (18–03–01)
Since the last publication of the
Debarment and Suspension Proceedings
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system of records in the Federal
Register on June 4, 1999 (64 FR 30106,
30112–114), we have identified a
number of technical changes that are
needed to update and accurately
describe the current system of records.
Under EO 12549, Debarment and
Suspension, executive departments and
agencies participate in a system for
debarment and suspension from
programs and activities involving
Federal financial or non-financial
assistance and benefits. Debarment or
suspension of a participant in a program
by one agency has a Governmentwide
effect. This system of records facilitates
the performance by the Department of
this statutory duty because it contains
documents relating to debarment and
suspension proceedings, including:
Written referrals; notices of suspensions
and proposed debarments; respondents’
responses to notices and other
communications between the
Department and respondents; court
documents, including indictments,
information, judgments of conviction,
plea agreements, prosecutorial offers of
evidence to be produced at trial, presentencing reports and civil judgments;
intra-agency and inter-agency
communications regarding proposed or
completed debarments or suspensions;
and records of any interim or final
decisions, requests, or orders made by a
deciding debarring or suspending
official (DSO) or fact-finding DSO
pursuant to EO 12549, the Drug-Free
Workplace Act (41 U.S.C. 8101–06), and
the FAR, 48 CFR subpart 9.4.
This notice alters the system of
records to update: (1) The system
locations to reflect the Department’s
decisions to move the general, nonprocurement debarment and suspension
records to the Grants Policy and
Procedures Team, Risk Management
Service, Office of the Deputy Secretary,
U.S. Department of Education, 550 12th
St. SW., Washington, DC 20202–1100
and to add the Office of Hearings and
Appeals, Office of Management, U.S.
Department of Education, 490 E.
L’Enfant Plaza SW., Suite 2100A,
Washington, DC 20202–4616, as a
location of debarment and suspension
records maintained on principals of
institutions of higher education,
principals of lenders, and principals of
guarantee agencies; (2) the authority for
maintenance of the system by inserting
the correct CFR references (2 CFR parts
180 and 3485—OMB Guidelines and the
Department’s Regulations on Debarment
and Suspension (Nonprocurement)) and
34 CFR part 84—Department’s
Regulations on the Requirements for
Drug-Free Workplace (Financial
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Assistance); (3) the routine uses of
records maintained in the system by
adding a routine use to clarify that
disclosures may be made in the course
of the Department’s debarment or
suspension proceedings or in
anticipation of such proceedings to any
business entity, organization,
individual, or the legal representative
thereof who is involved in such
proceedings; (4) the policies and
practices for storing, retrieving,
accessing, retaining, and disposing of
records in the system, specifically by
updating the paragraph on storage to
include electronic records and a Webbased portal that are maintained by the
Department’s Office of Hearings and
Appeals, Office of Management, and by
adding the following text in the
paragraph on the retention and disposal
of system records: ‘‘Records relating to
debarment and suspension actions
under EO 12549 are retained in
accordance with Department of
Education Records Disposition
Schedule No. 215, ‘Analysis and
Inspection (A & I) Records’ Item 4(c)).
These records are retained for eight
years from the end of the fiscal year in
which the case is closed, and then they
are destroyed. Records relating to all
other debarment and suspension actions
are currently unscheduled, pending
approval of applicable records retention
schedules by the National Archives and
Records Administration (NARA). These
records will not be destroyed until
applicable NARA-approved records
retention schedules are in effect’’; (5)
the safeguards for system to include
safeguards that protect electronic
records maintained by the Office of
Hearings and Appeals and the Office of
Management; and (6) the system
managers and their addresses to reflect
needed updates.
EDUCATION’S CENTRAL
AUTOMATED PROCESSING SYSTEM
(EDCAPS) (18–04–04)
Since the last publication of the
EDCAPS system of records in the
Federal Register on June 4, 1999 (64 FR
30106, 30114–16), a number of changes
have been identified that are needed to
update and accurately depict the current
state of the system of records. The
Department must maintain adequate
and auditable financial and
management records associated with the
fiscal operations of the Department and
other entities with contracting authority
that use EDCAPS. The EDCAPS system
of records supports the Department in
this effort by: Facilitating the collecting,
processing, maintaining, transmitting,
and reporting of data about financial
events; supporting financial planning
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and budgeting activities; accumulating
and reporting cost information; and
supporting the preparation of financial
statements.
The changes in the notice for EDCAPS
are numerous.
First, we are revising the system
numbering and system location to
reflect the renumbering of the system
from 18–03–02 to 18–04–04 and to
reflect the change in the office in charge
of managing the system from the Office
of the Chief Financial Officer to the
Office of the Chief Information Officer
and the changes in the locations of the
Department’s buildings.
Second, we are updating the
paragraph in the EDCAPS notice
describing the categories of individuals
covered by the system to include:
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• Peer reviewers.
• Individuals providing goods to the
Department.
• Persons billed by the Department for
materials and services (such as for Freedom
of Information Act requests).
• Persons ordered by a court of law to pay
restitution to the Department.
• Individuals who have received funds
through the Rehabilitation Services
Administration Scholarship program and
who have not provided evidence of fulfilling
their obligations under that program.
• Current and former Department
employees who received overpayments and
the overpayments have not been waived by
the Department.
• Individuals who were overpaid or
inappropriately paid under grant programs
administered by the Department other than
title IV of the Higher Education Act of 1965,
as amended.
• Individuals against whom the
Department has claims for Federal funds.
We are making these additions
because the records on individuals who
are covered by the Receivables
Management System are maintained in
EDCAPS and because OCIO is keeping
peer reviewer information in EDCAPS.
Third, we are updating the paragraph
in the EDCAPS notice describing the
categories of records in the system to
include: telephone number, a Taxpayer
Identification Number (TIN), the Data
Universal Numbering System (DUNS)
Number provided by Dun & Bradstreet,
date of birth, email address, and
banking information. Some of these
additions are items that were
accidentally omitted from the original
system of records notice, while others
are additional records that were not
collected when the original notice was
published.
Fourth, we are updating the authority
for maintenance of the EDCAPS system
to include section 415 of the
Department of Education Organization
Act (P.L. 96–88, 20 U.S.C. 3475); 31
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U.S.C. 3321 (note); 31 U.S.C. 3512
(including the note) and 3515; 31 U.S.C.
7504; 31 U.S.C. 902(a); EO 9397 (8 FR
16095) as amended by EO 13478 (73 FR
70239), and 31 U.S.C. 7701 (TIN);
Statements of Federal Financial
Accounting Standards issued by the
Government Accountability Office, the
U.S. Department of the Treasury, and
the Office of Management and Budget;
and 31 U.S.C. 3711–3720E. The original
notice omitted these authorities. We are
deleting the statutory citation to 44
U.S.C. 301 in the former notice because
its inclusion was erroneous.
Fifth, we are expanding the purposes
of the EDCAPS system to ‘‘maintain
financial and management records
associated with the fiscal operations of
the Department and other entities with
contracting authority that use EDCAPS.’’
The purposes have been updated as well
to include investigating complaints,
updating information, correcting errors
and investigating fraud, preventing
improper payments, carrying out the
receivables management function and
safeguarding public funds, preparing
financial statements and other financial
documents, and determining
qualifications of individuals for
selection as grant application peer
reviewers.
We are also updating the purposes of
the Financial Management Software
System module to include a description
of system capabilities to support these
activities that did not exist when the
original EDCAPS notice was published.
We are updating the Contracts and
Purchasing Support System description
to include a reference to a commercial
software product used to provide the
procurement functionality.
Finally, we are removing the
description of the Recipient System
since the Recipient System has been
merged with the Grants Management
System (G5), which was formally called
Grants Administration and Payment
System (GAPS).
Sixth, we are updating the routine
uses of records maintained in the
system to include a number of uses that
are a combination of both standard
routine uses that are included in most
System of Record Notices across the
Department, and unique routine uses
that are needed for EDCAPS to function,
and are relevant only to EDCAPS. These
additions will permit the disclosure of
records:
• To OMB for purposes of the Credit
Reform Act, which was enacted to require
agencies to provide a more realistic
assessment of the cost of U.S. Government
direct loans and loan guarantees;
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80333
• For employee grievance, complaint,
disciplinary, or competency determination
proceedings;
• To labor organizations for purposes of
exclusive representation or to an arbitrator to
resolve disputes under a negotiated grievance
procedure;
• For research purposes when the
Department determines that an individual or
organization is qualified to carry out specific
research concerning functions or purposes
related to the system of records;
• To the U.S. Department of the Treasury
or the Federal Reserve Bank to facilitate
payments to payees of the Department or to
prevent improper payments;
• To the U.S. Department of the Interior to
facilitate payroll preparation;
• To private collection companies and
Federal agencies to ensure the Department is
able to meet its fiduciary responsibilities
related to collecting monies legally owed to
the Department, which were routine uses of
the Receivables Management System (18–03–
03); and
• To appropriate agencies, entities, and
persons when (a) it is suspected or confirmed
that the security or confidentiality of
information in EDCAPS has been
compromised, (b) there is a risk of harm to
economic or property interests, identity theft
or fraud, or harm to the security or integrity
of EDCAPS or other systems or programs, and
(c) the disclosure is made to such agencies,
entities, and persons who are reasonably
necessary to assist the Department in
responding to the suspected or confirmed
compromise and in preventing, minimizing,
or remedying such harm.
Seventh, we are updating the policies
and practices for storing, retrieving,
accessing, retaining, and disposing of
records in the system to include storage
of data in hard copy and a computer
database. We are also updating the
description of safeguards to include
additional security measures, including
monitoring by security personnel and
the certification and accreditation of the
system’s security posture. Further, we
are updating the retention and disposal
policy to comply with the General
Records Schedule approved by the
National Archives and Records
Administration.
Eighth, we are updating the
description of the system manager and
the address of the system manager to
reflect that there is only a single system
manager.
Finally, we are updating the record
source categories to add Federal, State,
and local government agencies as
entities from which the Department may
receive records.
RECEIVABLES MANAGEMENT
SYSTEM (18–03–03)
The Department identifies the system
of records ‘‘Receivables Management
System’’ (18–03–03), as published in the
Federal Register on June 4, 1999 (64 FR
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30106, 30116–18), to be deleted because
the records on individuals who are
covered by this system of records are
maintained in the Department’s
EDCAPS system of records (18–04–04).
TRAVEL MANAGER SYSTEM (18–03–
05)
The Department also identifies the
system of records ‘‘Travel Manager
System’’ (18–03–05), as published in the
Federal Register on February 7, 2002
(67 FR 5908–10), to be deleted, because
the Department migrated to the General
Services Administration’s (GSA’s)
Contracted Travel Services Program on
October 2, 2006, and consequently the
Department’s system has been replaced
by the GSA’s Governmentwide system
of records notice entitled ‘‘Contracted
Travel Services Program’’ (GSA/GOVT–
4), as published in the Federal Register
on June 3, 2009 (74 FR 26700–702).
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
under FOR FURTHER INFORMATION
CONTACT.
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 the 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 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: December 14, 2015.
Danny A. Harris,
Chief Information Officer, Office of the Chief
Information Officer.
For the reasons discussed in the
preamble, the Chief Information Officer
of the U.S. Department of Education
(Department) deletes, amends, or alters
the following systems of records:
DELETED SYSTEMS:
SYSTEM
NUMBER
18–03–03 .......
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SYSTEM NAME
Receivables Management
System
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SYSTEM
NUMBER
18–03–05 .......
SYSTEM NAME
Travel Manager System
AMENDED SYSTEM:
18–03–01
SYSTEM NAME:
Debarment and Suspension
Proceedings under Executive Order (EO)
12549, the Drug-Free Workplace Act,
and the Federal Acquisition Regulation
(FAR).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
For records regarding debarment and
suspension actions under:
Federal Acquisition Regulation, 48
Code of Federal Regulations (CFR), part
9, subpart 9.4—Debarment: Office of the
Chief Financial Officer, U.S. Department
of Education, 550 12th St. SW.,
Washington, DC 20202–1100.
EO 12549—Debarment and
Suspension (General): Grants Policy and
Procedures Team, Risk Management
Service, Office of the Deputy Secretary,
U.S. Department of Education, 550 12th
St. SW., Washington, DC 20202–1100.
EO 12549—Debarment and
Suspension (For certified public
accountants (CPAs) or principals of a
CPA firm): Audit Services, Office of
Inspector General, U.S. Department of
Education, 100 Penn Square East,
Philadelphia, PA 19107–3323.
EO 12549—Debarment and
Suspension (For principals of
institutions of higher education,
principals of lenders, or principals of
guarantee agencies): Administrative
Actions and Appeals Division, Office of
Federal Student Aid, U.S. Department of
Education, 830 First Street NE.,
Washington, DC 20202–5353 and Office
of Hearings and Appeals, Office of
Management, U.S. Department of
Education, 490 E. L’Enfant Plaza SW.,
Suite 2100A, Washington, DC 20202–
4616.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The system covers principals
undergoing debarment or suspension
proceedings and principals that have
been debarred or suspended under
either EO 12549, the Drug-Free
Workplace Act, title IV of the Higher
Education Act of 1965, as amended
(HEA), or the Federal Acquisition
Regulation. For the purposes of EO
12549, and the Drug-Free Workplace
Act, the term ‘‘principal’’ is defined in
the Department’s regulations at 2 CFR
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3485.995 and includes an officer,
director, owner, partner, or other person
who is in a position to handle Federal
funds, or influence or control those
funds or occupies a professional or
technical position capable of
substantially influencing the
development or outcome of an activity
required to perform a covered
transaction. For purposes of transactions
made under title IV of the HEA, the term
‘‘principal’’ also includes a third-party
servicer and any person who provides
services described in 34 CFR 668.2 or
682.200 to a title IV, HEA participant,
whether or not that person is retained or
paid directly by the title IV, HEA
participant. A ‘‘participant’’ is defined
in 2 CFR 180.980 as any person who
submits a proposal for, or who enters
into, a covered transaction, including an
agent or representative of a participant.
A ‘‘covered transaction’’ is a transaction
described in 2 CFR part 180, subpart B,
and the Department’s regulations in 2
CFR 3485.220. This system of records
covers contractors who are undergoing
debarment or suspension proceedings or
who have been debarred or suspended.
Contractors covered by this system of
records are individuals who meet the
definition of ‘‘contractor’’ under 48 CFR
9.403, including individuals who
directly or indirectly submit offers for or
are awarded, or may reasonably be
expected to submit offers for or be
awarded, a government contract, or who
conduct business, or may reasonably be
expected to conduct business with the
Department as an agent or
representative of another contractor.
Finally, this system covers individuals
receiving grants or contracts subject to
requirements under the Drug-Free
Workplace Act who are undergoing
debarment or suspension proceedings or
who have been debarred or suspended.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains
documents relating to debarment and
suspension proceedings, including:
Written referrals, notices of suspensions
and proposed debarments, respondents’
responses to notices and other
communications between the
Department and respondents, court
documents, including indictments,
information, judgments of conviction,
plea agreements, prosecutorial offers of
evidence to be produced at trial, presentencing reports and civil judgments,
intra-agency and inter-agency
communications regarding proposed or
completed debarments or suspensions,
and records of any interim or final
decisions, requests, or orders made by a
deciding debarring or suspending
official (DSO) or fact-finding DSO
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pursuant to EO 12549, the Drug-Free
Workplace Act, and the FAR, 48 CFR
subpart 9.4.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
EO 12549, Debarment and Suspension
(3 CFR 1986 Comp., p. 189); EO 12689
(3 CFR 1989 Comp., p. 235); the Federal
Acquisition Streamlining Act of 1994,
Pub. L. 103–355, title II, section 2455,
108 Stat. 3327 (31 U.S.C. 6101 note); 2
CFR part 180—the Office of
Management and Budget Guidelines and
2 CFR part 3485; Departmental Directive
for Nonprocurement Debarment and
Suspension, Administrative
Communications System Directive ODS:
1–101 (Directive); 20 U.S.C. 1082, 1094,
1221e–3, and 3474; the Drug-Free
Workplace Act of 1988, as amended (41
U.S.C. 8101–8106); 34 CFR part 84—
Department’s Regulations on the
Requirements for Drug-Free Workplace
(Financial Assistance); and the Federal
Acquisition Regulation, 48 CFR subpart
9.4, Debarment, Suspension, and
Ineligibility.
PURPOSE(S):
Information contained in this system
of records is used to: (1) Protect the
Federal Government from the actions of
individuals that constitute grounds for
debarment or suspension or both under
the Department’s debarment and
suspension regulations, the
Department’s Drug-Free Workplace
regulations, or the FAR; (2) make
decisions regarding debarments and
suspensions; and (3) ensure that
participants and Federal agencies give
effect to debarment or suspension
decisions rendered by the Department.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSE 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 the
purposes for which the record was
collected. These disclosures may be
made case by case or, if the Department
has complied with the requirements of
the Privacy Act of 1974, as amended
(Privacy Act), under a computer
matching agreement.
(1) Litigation or Alternative Dispute
Resolution (ADR) Disclosure.
(a) In the event that one of the parties
listed below is involved in litigation or
ADR, or has an interest in 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:
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(i) The Department or any component
of the Department;
(ii) Any employee of the Department
in his or her official capacity;
(iii) Any employee of the Department
in his or her individual capacity where
the Department of Justice (DOJ) has
agreed or has been requested to provide
or arrange for representation for the
employee;
(iv) Any employee of the Department
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 Department of
Justice. If the Department determines
that disclosure of certain records to DOJ
or attorneys engaged by the DOJ is
relevant and necessary to judicial or
administrative litigation or ADR and is
compatible with the purpose for which
the records were collected, the
Department may disclose those records
as a routine use to DOJ.
(c) Adjudicative Disclosure. If the
Department determines that disclosure
of certain records to an adjudicative
body before which the Department is
authorized to appear or to an individual
or entity designated by the Department
or otherwise empowered to resolve or
mediate disputes is relevant and
necessary to judicial or administrative
litigation or ADR and is compatible with
the purposes for which the records were
collected, the Department may disclose
those records as a routine use to the
adjudicative body, individual, or entity.
(d) Disclosure to 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 judicial or
administrative litigation or ADR and is
compatible with the purpose for which
the records were collected, the
Department may disclose those records
as a routine use to the party, counsel,
representative, or witness.
(2) Disclosure to the General Services
Administration. The Department makes
information contained in this system of
records available to the General Services
Administration for inclusion in the
System for Award Management (SAM).
SAM incorporates all records from the
Excluded Parties List System (EPLS),
the prior record-keeping system for
suspension and debarment information.
This list may be accessed via the
Internet at www.sam.gov/portal/public/
SAM.
(3) Disclosure to the Public. The
Department provides information to the
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public about individuals who have been
debarred or suspended by the
Department to enforce debarment and
suspension actions.
(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 relevant
records in the system of records may be
referred, as a routine use, to the
appropriate agency, whether foreign,
Federal, State, tribal, or local, charged
with the responsibility of investigating
or prosecuting such violation or charged
with enforcing or implementing the
statute, or executive order or rule,
regulation, or order issued pursuant
thereto.
(5) Freedom of Information Act or
Privacy Act Advice Disclosure. In the
event the Department deems it prudent
or necessary, in determining whether
particular records are required to be
disclosed under the Freedom of
Information Act or the Privacy Act,
disclosure may be made to the
Department of Justice or the Office of
Management and Budget for the purpose
of obtaining advice.
(6) Contract Disclosure. If the
Department contracts with an entity for
the purpose of performing any function
that requires disclosure of records in
this system to employees of the
contractor, the Department may disclose
the records as a routine use to those
employees. Before entering into such a
contract, the Department shall 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.
(7) Research Disclosure. Where an
appropriate official of the Department
determines that an individual or
organization is qualified to carry out
specific research related to the functions
or purposes of this system of records,
that official may disclose information
from this system of records to that
researcher solely for the purpose of
carrying out the 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.
(8) 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.
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(9) Disclosure in the Course of
Responding to Breach of Data. The
Department may disclose records to
appropriate agencies, entities, and
persons when (a) it is suspected or
confirmed that the security or
confidentiality of information in this
system 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 this system or other systems
or programs (whether maintained by the
Department or by another agency or
entity) that rely upon the compromised
information; and (c) the disclosure is
made to such agencies, entities, and
persons who are reasonably necessary to
assist the Department in responding to
the suspected or confirmed compromise
and in preventing, minimizing, or
remedying such harm.
(10) Disclosure in the Course of the
Department’s Debarment or Suspension
Proceedings or in Anticipation of Such
Proceedings. The Department may
disclose records to any business entity,
organization, or individual who is
involved in the Department’s debarment
or suspension proceedings or who is
anticipated to be involved in such
proceedings, or to the legal
representative thereof.
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
and on a Web-based portal maintained
by the Department.
RETRIEVABILITY:
Records are indexed by the names of
the individuals and by docket numbers.
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SAFEGUARDS:
All physical access to the sites 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. The computer database maintained
by the Office of Hearings and Appeals,
Office of Management, is accessible only
to authorized persons and is passwordprotected and utilizes security hardware
and software. The Web-based portal that
is operated by the Office of Hearings
and Appeals, Office of Management,
however, is accessible to anyone with
access to the Internet.
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Access to records in this system is
only available to authorized users.
Management approves all access, roles
and responsibilities. Users outside of
the internal functional team have no
access to personally identifiable
information. Strict access to production
and reporting databases is enforced.
Intrusion detection, user recertification,
and vulnerability scans are performed
on access and databases.
RETENTION AND DISPOSAL:
Records relating to debarment and
suspension actions under EO 12549 are
retained in accordance with Department
of Education Records Disposition
Schedule (ED/RDS) Part 16, Item 4(c).
These records are retained for eight
years from the end of the fiscal year in
which the case is closed and then
destroyed. Records relating to all other
debarment and suspension actions are
currently unscheduled, pending
approval of applicable records retention
schedules by the National Archives and
Records Administration (NARA). These
records will not be destroyed until
applicable NARA-approved records
retention schedules are in effect.
SYSTEM MANAGER(S) AND ADDRESS(ES):
Senior Procurement Executive, Office
of the Chief Financial Officer, U.S.
Department of Education, 550 12th St.
SW., Washington, DC 20202–1100.
Director, Risk Management Service,
Office of the Deputy Secretary, U.S.
Department of Education, 550 12th St.
SW., Washington, DC 20202–1100.
Non-Federal Audit Director, Office of
Inspector General, U.S. Department of
Education, 100 Penn Square East,
Philadelphia, PA 19107–3323.
Director, Administrative Actions and
Appeals Division, Office of Federal
Student Aid, U.S. Department of
Education, 830 First Street NE.,
Washington, DC 20202–5353.
Director, Office of Hearings and
Appeals, Office of Management, U.S.
Department of Education, 490 E.
L’Enfant Plaza SW., Suite 2100A,
Washington, DC 20202–4616.
NOTIFICATION PROCEDURE:
If an individual wishes to determine
whether a record exists regarding him or
her in this system of records, the
individual must contact the system
manager. Requests for notification about
an individual record must meet the
requirements of the regulations in 34
CFR 5b.5.
provide information as described in the
notification procedure. Requests for
access to an individual’s record must
meet the requirements of the regulations
in 34 CFR 5b.5. Consistent with 5 U.S.C.
552a(d)(5), the Department retains the
discretion not to disclose records to an
individual during the course of a
debarment or suspension proceeding
against the individual.
CONTESTING RECORD PROCEDURES:
If an individual wishes to change the
content of a record in the system of
records, he or she must contact the
system manager with the information
described in the notification procedure,
identify the specific item(s) to be
changed, and provide a written
justification for the change, including
any supporting documentation.
Requests to amend a record must meet
the requirements of the regulations in 34
CFR 5b.7.
RECORD SOURCE CATEGORIES:
Sources for records in this system
include: Department employees
involved in the management of grants,
contracts, and agreements; the
investigative inspection and audit files
maintained by the Department’s Office
of Inspector General; other organizations
or persons that may have relevant
information regarding participants and
their principals; and participants,
principals, contractors, or other
individuals undergoing or who have
undergone debarment and suspension
proceedings.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
AMENDED SYSTEM:
18–04–04
SYSTEM NAME:
Education’s Central Automated
Processing System (EDCAPS).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Electronic Data Records: Dell
System’s Plano Technology Center, 2300
West Plano Parkway, Plano, TX 75075–
8427 and Dell System’s Florence
Technology Center, 7190 Industrial
Road, Florence, KY 41022–2908
(contractor).
See the Appendix at the end of this
notice for additional system locations.
RECORD ACCESS PROCEDURES:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
If an individual wishes to gain access
to a record in this system, he or she
must contact the system manager and
Categories of individuals covered by
the system include employees of the
Department of Education (Department),
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consultants, contractors, grantees,
advisory committee members, peer
reviewers, and other individuals
receiving funds from the Department for
performing services for and providing
goods to the Department.
Other categories of individuals
covered by the system include:
• Persons billed by the Department for
materials and services such as Freedom of
Information Act requests and computer tapes
of statistical data.
• Persons ordered by a court of law to pay
restitution to the Department.
• Individuals who have received funds
through the Rehabilitation Services
Administration (RSA) Scholarship program
and who have not provided evidence of
fulfilling their obligations under that
program.
• Current and former Department
employees who received overpayments and
the overpayments have not been waived by
the Department.
• Individuals who were overpaid or
inappropriately paid under grant programs
administered by the Department other than
Title IV of the Higher Education Act of 1965,
as amended.
• Claims against individuals, including
orders by a court or other authority to make
restitution, for the misuse of Federal funds in
connection with any program administered
by the Department.
Student loan repayment records and
records maintained by the Department’s
Office of Hearings and Appeals in either
its debt management tracking system or
on its Web-based system displaying
final agency decisions are not covered
under this notice.
Although EDCAPS contains
information about institutions
associated with individuals, the
purposes for which the Department
collects and maintains information
under this system of records, and its
usage of this information, pertains only
to individuals protected under the
Privacy Act of 1974, as amended
(Privacy Act) (5 U.S.C. 552a).
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CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system contain the
individual’s name and address,
telephone number, Taxpayer
Identification Number (TIN), the Data
Universal Numbering System (DUNS)
number provided by Dun & Bradstreet,
Social Security number (SSN), date of
birth, email address, banking
information, eligibility codes, detailed
and summary obligation data, reports of
expenditures, and grant management
data, including application and closeout information. Documents maintained
in the system include, but are not
limited to, activity logs, copies of
checks, contracts, court orders, letters of
notice, promissory notes, telephone
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logs, peer reviewer resumes, and related
correspondence.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority for maintenance of the
system includes section 415 of the
Department of Education Organization
Act (P.L. 96–88, 20 U.S.C. 3475); 31
U.S.C. 3321 (note); 31 U.S.C. 3512
(including the note) and 3515; 31 U.S.C.
7504; 31 U.S.C. 902(a); Executive Order
(EO) 9397 (8 FR 16095), as amended by
EO 13478 (73 FR 70239), and 31 U.S.C.
7701 (TIN); Statements of Federal
Financial Accounting Standards issued
by the Government Accountability
Office, the U.S. Department of the
Treasury, and the Office of Management
and Budget; 31 U.S.C. 3711–3720E.
PURPOSE(S):
The purpose of EDCAPS is to
maintain financial and management
records associated with the fiscal
operations of the Department and other
entities with contracting authority that
use EDCAPS.
Records are used for, but not limited
to, the following:
• Managing grant and contract awards.
• Making payments.
• Accounting for goods and services
provided and received.
• Enforcing eligibility requirements and
conditions in awards and U.S. law relating to
transactions covered by this system.
• Defending the Department in actions
relating to transactions covered by this
system.
• Investigating complaints.
• Updating information.
• Correcting errors, investigating fraud,
and preventing improper payments.
• Performing the receivables management
function and safeguarding public funds.
• Preparing financial statements and other
financial documents.
• Determining qualifications of individuals
for selection as grant application peer
reviewers.
The EDCAPS financial management
system consists of a suite of applications
including:
Financial Management Software
System (FMSS)
The FMSS module of EDCAPS is the
Department’s official general ledger. It is
the central piece of the Department’s
integrated financial management
system. FMSS includes functionality for
budget planning and execution, funds
control, receipt management,
administrative payment management,
loan servicing, and internal and external
reporting. FMSS interfaces with a
variety of other EDCAPS systems such
as the Grants Management System (G5),
Contracts and Purchasing Support
System (CPSS), and eTRAVEL. The
Travel Management System (TMS) is
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covered under an existing General
Services Administration (GSA)
Governmentwide system of records
notice entitled ‘‘Contracted Travel
Services Program’’ (GSA/GOVT–4).
Grants Management System (G5)
The purpose of G5 is to administer
grants and cooperative agreements and
record decisions related to grants, from
planning through closeout, including
disbursing funds to grant recipients for
most Department programs and
recording non-financial administrative
actions involving grants under those
programs. G5 records individual
payments in real time, and summary
payment data is posted to FMSS in a
nightly batching process. Payment
information is retrievable in G5 by
DUNS number as required under Office
of Management and Budget (OMB)
guidance to agencies. The name, mailing
address, and other characteristic data
related to Federal grants or institutional
loans are also maintained.
Contract and Purchasing Support
System (CPSS)
CPSS supports the contract pre- and
post-award process and purchasing. It
interfaces with FMSS at the detail level
for fund control, general ledger,
accounts payable, and accounts
receivable. A commercial software
package is used to provide CPSS
functionality.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSE OF SUCH USES:
The Department of Education 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 the purposes for which
the record was collected. These
disclosures may be made on a case-bycase basis or, if the Department has
complied with the requirements of the
Privacy Act, under a computer matching
agreement.
(1) Litigation or Alternative Dispute
Resolution (ADR) Disclosure.
(a) In the event that one of the parties
listed below is involved in litigation or
ADR proceedings, or has an interest in
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 or any component
of the Department;
(ii) Any employee of the Department
in his or her official capacity;
(iii) Any employee of the Department
in his or her individual capacity where
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the Department of Justice (DOJ) has
agreed to or has been requested to
represent the employee;
(iv) Any employee of the Department
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 Department of
Justice (DOJ). If the Department
determines that disclosure of certain
records to DOJ is relevant and necessary
to judicial or administrative litigation or
ADR and is compatible with the
purposes for which the records were
collected, the Department may disclose
those records as a routine use to DOJ.
(c) Adjudicative Disclosure. If the
Department determines that disclosure
of certain records to an adjudicative
body before which the Department is
authorized to appear or to an individual
or entity designated by the Department
or otherwise empowered to resolve or
mediate disputes is relevant and
necessary to judicial or administrative
litigation or ADR, and is compatible
with the purposes for which the records
were collected, the Department may
disclose those records as a routine use
to the adjudicative body, individual, or
entity.
(d) Disclosure to 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 judicial or
administrative litigation or ADR, and is
compatible with the purposes for which
the records were collected, the
Department may disclose those records
as a routine use to the party, counsel,
representative, or witness.
(2) Disclosure to OMB for Credit
Reform Act (CRA) Purposes. The
Department may disclose individually
identifiable information maintained in
this system of records to OMB as needed
to fulfill CRA requirements.
(3) Employee Grievance, Complaint,
or Conduct Disclosure. The Department
may disclose records 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 grievance, a
complaint, or a disciplinary or
competency determination proceeding
of another agency of the Federal
government.
(4) Labor Organization Disclosure.
Records under this routine use may be
disclosed to an arbitrator to resolve
disputes under a negotiated grievance
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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.
(5) Research Disclosure. Where an
appropriate official of the Department
determines that an individual or
organization is qualified to carry out
specific research related to the functions
or purposes of this system of records,
that official may disclose information
from this system of records to that
researcher solely for the purpose of
carrying out the 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 these records.
(6) Freedom of Information Act
(FOIA) or Privacy Act Advice
Disclosure. In the event the Department
deems it desirable or necessary, in
determining whether the FOIA or the
Privacy Act requires the disclosure of
records, disclosure may be made to DOJ
or OMB for the purpose of obtaining
advice.
(7) 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 as a routine use to those
employees. Before entering into such a
contract, the Department shall 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.
(8) 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 relevant
records in the system of records may be
referred, as a routine use, to the
appropriate agency, whether foreign,
Federal, State, tribal, or local, charged
with the responsibility of investigating
or prosecuting such violation or charged
with enforcing or implementing the
statute, or executive order or rule,
regulation, or order issued pursuant
thereto.
(9) 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.
(10) Payment Disclosure. The
Department may disclose records to the
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U.S. Department of the Treasury or the
Federal Reserve Bank as necessary to
facilitate payments to Departmental
payees against the Department’s funds
or to prevent improper payments.
(11) Payroll Disclosure. The
Department may disclose records to the
U.S. Department of the Interior for
employee payroll preparation.
(12) Disclosure for Receivables
Management. The Department may
disclose records to credit agencies and
Federal agencies to verify the identity
and location of the debtor. The
Department may also make disclosures
to credit agencies, educational and
financial institutions, and various
Federal, State, or local agencies to
enforce the terms of a loan where
disclosure is required by Federal law.
Finally, the Department may also make
disclosures of records under this routine
use to the U.S. Department of the
Treasury and other Federal agencies for
debt servicing and collection.
(13) Disclosure in the Course of
Responding to Breach of Data. The
Department may disclose records to
appropriate agencies, entities, and
persons when (a) it is suspected or
confirmed that the security or
confidentiality of information in
EDCAPS 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 EDCAPS or other systems or
programs (whether maintained by the
Department or by another agency or
entity) that rely upon the compromised
information; and (c) the disclosure is
made to such agencies, entities, and
persons who are reasonably necessary to
assist the Department in responding to
the suspected or confirmed compromise
and in preventing, minimizing, or
remedying such harm.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Disclosures pursuant to 5 U.S.C.
552a(b)(12): The Department may
disclose to a consumer reporting agency
information regarding a claim by the
Department which is determined to be
valid and overdue as follows: (1) The
name, address, TIN, and other
information necessary to establish the
identity of the individual responsible
for the claim; (2) the amount, status, and
history of the claim; and (3) the program
under which the claim arose. The
Department may disclose the
information specified in this paragraph
under 5 U.S.C. 552a(b)(12) and the
procedures contained in 31 U.S.C.
3711(e). A consumer reporting agency to
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which these disclosures may be made is
defined in 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on hard copy,
magnetic tapes, and computer servers.
RETRIEVABILITY:
Records are indexed by name, or other
individual identifier, and TIN. The
records are retrieved by a manual or
computer search by indices.
SAFEGUARDS:
All physical access to the sites of the
Department and the Department’s
contractor, where this system of records
is maintained, are controlled and
monitored by security personnel. 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.
RETENTION AND DISPOSAL:
Records in EDCAPS are retained in
accordance with Department of
Education Records Disposition
Schedule ED 254 (N1–441–11–001).
The EDCAPS manager is the Director,
Financial Systems Services, Office of
the Chief Information Officer, U.S.
Department of Education, 550 12th St.
SW., Washington, DC 20202–1100.
NOTIFICATION PROCEDURE:
If an individual wishes to determine
whether a record pertaining to the
individual is in the system of records,
he or she should contact the appropriate
system manager. Requests by an
individual for notification must meet
the requirements in the regulations in
34 CFR 5b.5.
mstockstill on DSK4VPTVN1PROD with NOTICES
RECORD ACCESS PROCEDURES:
If an individual wishes to gain access
to a record in this system, he or she
should contact the appropriate system
manager and provide information as
described in the notification procedure.
Requests by an individual for access to
a record must meet the requirements in
the regulations in 34 CFR 5b.5.
17:57 Dec 23, 2015
Jkt 238001
If an individual wishes to change the
content of a record pertaining to the
individual that is contained in the
system of records, he or she should
contact the appropriate system manager
with the information described in the
notification procedure, identify the
specific items requested to be changed,
and provide a justification for such
change. A request to amend a record
must meet the requirements in the
regulations in 34 CFR 5b.7.
RECORD SOURCE CATEGORIES:
Information in this system is obtained
from electronic or paper versions of
applications seeking Department
contracts, grants, or loans at the time of
application. Information is also obtained
from Department program offices,
employees, consultants, Federal, State,
and local government agencies, and
other entities performing services for the
Department.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Appendix to 18–04–04
The Financial Management Software
System, the Contracts and Purchasing
Support System, and the Grants
Management System (G5) are all
maintained by the Financial Systems
Services, Office of the Chief Information
Officer, U.S. Department of Education,
550 12th St. SW., Washington, DC
20202–1100.
All locations of the U.S. Department
of Education. For information about
these locations see https://www2.ed.gov/
about/contacts/gen/.
[FR Doc. 2015–32501 Filed 12–23–15; 8:45 am]
SYSTEM MANAGER(S) AND ADDRESS:
VerDate Sep<11>2014
CONTESTING RECORD PROCEDURES:
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Applications for New Awards;
Educational Technology, Media, and
Materials for Individuals With
Disabilities—Captioned and Described
Educational Media
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Notice.
AGENCY:
Overview Information:
Educational Technology, Media, and
Materials for Individuals with
Disabilities—Captioned and Described
Educational Media Notice inviting
applications for new awards for fiscal
year (FY) 2016.
Catalog of Federal Domestic Assistance
(CFDA) Number: 84.327N
Dates:
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
80339
Applications Available: December 24,
2015.
Deadline for Transmittal of
Applications: February 22, 2016.
Deadline for Intergovernmental
Review: April 22, 2016.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The purposes of
the Educational Technology, Media, and
Materials for Individuals with
Disabilities Program are to: (1) Improve
results for students with disabilities by
promoting the development,
demonstration, and use of technology;
(2) support educational activities
designed to be of educational value in
the classroom for students with
disabilities; (3) provide support for
captioning and video description that is
appropriate for use in the classroom;
and (4) provide accessible educational
materials to students with disabilities in
a timely manner.
Priority: In accordance with 34 CFR
75.105(b)(2)(v), this priority is from
allowable activities specified in the
statute (see sections 674(c) and 681(d) of
the Individuals with Disabilities
Education Act (IDEA) (20 U.S.C. 1474(c)
and 1481(d)).
Absolute Priority: For FY 2016 and
any subsequent year in which we make
awards from the list of unfunded
applications from this competition, this
priority is an absolute priority. Under 34
CFR 75.105(c)(3), we consider only
applications that meet this priority.
This priority is: Educational
Technology, Media, and Materials for
Individuals with Disabilities—
Captioned and Described Educational
Media.
Background:
Section 674(c) of the IDEA requires, in
part, that the Secretary of Education
support video description, open
captioning, and closed captioning that is
appropriate for use in the classroom
setting, of (a) television programs; (b)
videos; and (c) other materials,
including programs and materials
associated with new and emerging
technologies.
The need to support captioning and
video description that is appropriate for
use in the classroom setting continues to
grow. The National Center for
Educational Statistics reports that, in
2009, 69 percent of teachers and
students used a computer in the
classroom during instructional time
(U.S. Department of Education, 2010).
Students who were once banned from
bringing cell phones and other devices
to school are now encouraged to ‘‘Bring
Your Own Device’’ (BYOD) (Atkeson,
E:\FR\FM\24DEN1.SGM
24DEN1
Agencies
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80331-80339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32501]
=======================================================================
-----------------------------------------------------------------------
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, as amended
(Privacy Act), the Department of Education (Department) publishes this
notice to amend the systems of records entitled ``Debarment and
Suspension Proceedings under Executive Order (EO) 12549, the Drug-Free
Workplace Act, and the Federal Acquisition Regulation (FAR)'' (18-03-
01)(Debarment and Suspension Proceedings system) and ``Education's
Central Automated Processing System (EDCAPS)'' (18-03-02). The
Department deletes two systems of records entitled ``Receivables
Management System'' (18-03-03) and the ``Travel Manager System'' (18-
03-05) from its existing inventory of systems of records subject to the
Privacy Act.
For the Debarment and Suspension Proceedings system, this notice
updates the system location; the authority for maintenance of the
system; the routine uses of records maintained in the system; the
policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system (specifically the retention and
disposal of system records); the safeguards that protect the records in
the system; and the system managers and addresses.
For the EDCAPS system, this notice updates the system location; the
categories of individuals covered by the system; the categories of
records in the system; the authority for maintenance of the system;
purposes of the system; the routine uses of records maintained in the
system; the policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system; and the system
managers and addresses.
The Department identifies the system of records ``Receivables
Management System'' (18-03-03), as published in the Federal Register on
June 4, 1999 (64 FR 30106, 30116-18) to be deleted because the records
on individuals who are covered by this system of records are maintained
in the Department's EDCAPS system of records (18-04-04). The Department
also identifies the system of records ``Travel Manager System'' (18-03-
05), as published in the Federal Register on February 7, 2002 (67 FR
5908-10), to be deleted because the Department migrated to the General
Services Administration's (GSA's) Contracted Travel Services Program on
October 2, 2006, and consequently the Department's system has been
replaced by the GSA's Government wide system of records notice entitled
``Contracted Travel Services Program'' (GSA/GOVT-4), as published in
the Federal Register on June 3, 2009 (74 FR 26700-702).
DATES: Submit your comments on this notice of altered and deleted
systems of records on or before January 25, 2016.
The Department filed a report describing the alterations to the
Debarment and Suspension Proceedings and the EDCAPS systems 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 [DRS/
OGC WILL INSERT DATE TRANSMITTAL LETTERS ARE SENT]. The alterations to
the Debarment and Suspension Proceedings and EDCAPS systems of records
will become effective at the later date of (1) The expiration of the
40-day period for OMB review on [DRS WILL INSERT DATE 40 DAYS AFTER THE
DATE TRANSMITTAL LETTERS ARE SENT], unless OMB waives 10 days of the
40-day review period for compelling reasons shown by the Department; or
(2) January 25, 2016, unless the altered Debarment and Suspension
Proceedings or EDCAPS systems of records needs to be changed as a
result of public comment or OMB review.
ADDRESSES: Address all comments about the Debarment and Suspension
Proceedings system to Philip A. Maestri, Director, Risk Management
Service, Office of the Deputy Secretary, U.S. Department of Education,
400 Maryland Ave. SW., Washington, DC 20202-5970. If you prefer to send
comments by email, use the following address: comments@ed.gov.
You must include the term ``Debarment and Suspension Proceedings''
in the subject line of your email.
Address all comments about the EDCAPS system to Greg Robison,
Director, Financial Systems Services, Office of the Chief Information
Officer (OCIO), U.S. Department of Education, 550 12th St. SW., PCP,
Room 9150, Washington, DC 20202-1100. If you prefer to send comments by
email, use the following address: comments@ed.gov.
You must include the term ``EDCAPS'' in the subject line of your
email.
During and after the comment period, you may inspect all public
comments about this notice at the U.S. Department of Education between
the hours of 8:00 a.m. and 4:30 p.m., Eastern time, Monday through
Friday of each week except Federal holidays. To inspect the public
comments, contact the appropriate persons listed under FOR FURTHER
INFORMATION CONTACT.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request we will provide an appropriate accommodation or
auxiliary 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. To schedule an appointment for this type of
aid, please contact the person listed under FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT: For Debarment and Suspension
Proceedings, Philip A. Maestri, Director, Risk Management Service,
Office of the Deputy Secretary, U.S. Department of Education, 400
Maryland Ave. SW., Washington, DC 20202-5970. Telephone: (202) 245-
8278.
[[Page 80332]]
For EDCAPS, Greg Robison, Director, Financial Systems Services,
OCIO, U.S. Department of Education, 550 12th St. SW., PCP, room 9150,
Washington, DC 20202-1100. Telephone: (202) 245-7187.
If you use a telecommunications device for the deaf (TDD) or text
telephone (TTY), you may call the Federal Relay Service (FRS) at 1-800-
877-8339.
SUPPLEMENTARY INFORMATION:
Introduction
The Privacy Act requires the Department to publish in the Federal
Register this notice of altered and deleted systems of records (5
U.S.C. 552a(e)(4). 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 a record about an individual that
contains individually identifying information that 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.''
Whenever the Department makes a significant change to an
established system of records, the Privacy Act requires the Department
to publish a notice of an altered system of records in the Federal
Register and to prepare and send a report to the Chair of the Committee
on Oversight and Government Reform of the House of Representatives, the
Chair of the Committee on Homeland Security and Governmental Affairs of
the Senate, and the Administrator of the Office of Information and
Regulatory Affairs, OMB. These reports are intended to permit an
evaluation of the probable effect of the proposal on the privacy rights
of individuals.
A change to a system of records is considered to be a significant
change that must be reported whenever an agency expands the types or
categories of information maintained, significantly expands the number,
types, or categories of individuals about whom records are maintained,
changes the purpose for which the information is used, changes the
equipment configuration in a way that creates substantially greater
access to the records, or adds a routine use disclosure to the system.
DEBARMENT AND SUSPENSION PROCEEDINGS SYSTEM (18-03-01)
Since the last publication of the Debarment and Suspension
Proceedings system of records in the Federal Register on June 4, 1999
(64 FR 30106, 30112-114), we have identified a number of technical
changes that are needed to update and accurately describe the current
system of records. Under EO 12549, Debarment and Suspension, executive
departments and agencies participate in a system for debarment and
suspension from programs and activities involving Federal financial or
non-financial assistance and benefits. Debarment or suspension of a
participant in a program by one agency has a Governmentwide effect.
This system of records facilitates the performance by the Department of
this statutory duty because it contains documents relating to debarment
and suspension proceedings, including: Written referrals; notices of
suspensions and proposed debarments; respondents' responses to notices
and other communications between the Department and respondents; court
documents, including indictments, information, judgments of conviction,
plea agreements, prosecutorial offers of evidence to be produced at
trial, pre-sentencing reports and civil judgments; intra-agency and
inter-agency communications regarding proposed or completed debarments
or suspensions; and records of any interim or final decisions,
requests, or orders made by a deciding debarring or suspending official
(DSO) or fact-finding DSO pursuant to EO 12549, the Drug-Free Workplace
Act (41 U.S.C. 8101-06), and the FAR, 48 CFR subpart 9.4.
This notice alters the system of records to update: (1) The system
locations to reflect the Department's decisions to move the general,
non-procurement debarment and suspension records to the Grants Policy
and Procedures Team, Risk Management Service, Office of the Deputy
Secretary, U.S. Department of Education, 550 12th St. SW., Washington,
DC 20202-1100 and to add the Office of Hearings and Appeals, Office of
Management, U.S. Department of Education, 490 E. L'Enfant Plaza SW.,
Suite 2100A, Washington, DC 20202-4616, as a location of debarment and
suspension records maintained on principals of institutions of higher
education, principals of lenders, and principals of guarantee agencies;
(2) the authority for maintenance of the system by inserting the
correct CFR references (2 CFR parts 180 and 3485--OMB Guidelines and
the Department's Regulations on Debarment and Suspension
(Nonprocurement)) and 34 CFR part 84--Department's Regulations on the
Requirements for Drug-Free Workplace (Financial Assistance); (3) the
routine uses of records maintained in the system by adding a routine
use to clarify that disclosures may be made in the course of the
Department's debarment or suspension proceedings or in anticipation of
such proceedings to any business entity, organization, individual, or
the legal representative thereof who is involved in such proceedings;
(4) the policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system, specifically by
updating the paragraph on storage to include electronic records and a
Web-based portal that are maintained by the Department's Office of
Hearings and Appeals, Office of Management, and by adding the following
text in the paragraph on the retention and disposal of system records:
``Records relating to debarment and suspension actions under EO 12549
are retained in accordance with Department of Education Records
Disposition Schedule No. 215, `Analysis and Inspection (A & I) Records'
Item 4(c)). These records are retained for eight years from the end of
the fiscal year in which the case is closed, and then they are
destroyed. Records relating to all other debarment and suspension
actions are currently unscheduled, pending approval of applicable
records retention schedules by the National Archives and Records
Administration (NARA). These records will not be destroyed until
applicable NARA-approved records retention schedules are in effect'';
(5) the safeguards for system to include safeguards that protect
electronic records maintained by the Office of Hearings and Appeals and
the Office of Management; and (6) the system managers and their
addresses to reflect needed updates.
EDUCATION'S CENTRAL AUTOMATED PROCESSING SYSTEM (EDCAPS) (18-04-04)
Since the last publication of the EDCAPS system of records in the
Federal Register on June 4, 1999 (64 FR 30106, 30114-16), a number of
changes have been identified that are needed to update and accurately
depict the current state of the system of records. The Department must
maintain adequate and auditable financial and management records
associated with the fiscal operations of the Department and other
entities with contracting authority that use EDCAPS. The EDCAPS system
of records supports the Department in this effort by: Facilitating the
collecting, processing, maintaining, transmitting, and reporting of
data about financial events; supporting financial planning
[[Page 80333]]
and budgeting activities; accumulating and reporting cost information;
and supporting the preparation of financial statements.
The changes in the notice for EDCAPS are numerous.
First, we are revising the system numbering and system location to
reflect the renumbering of the system from 18-03-02 to 18-04-04 and to
reflect the change in the office in charge of managing the system from
the Office of the Chief Financial Officer to the Office of the Chief
Information Officer and the changes in the locations of the
Department's buildings.
Second, we are updating the paragraph in the EDCAPS notice
describing the categories of individuals covered by the system to
include:
Peer reviewers.
Individuals providing goods to the Department.
Persons billed by the Department for materials and
services (such as for Freedom of Information Act requests).
Persons ordered by a court of law to pay restitution to
the Department.
Individuals who have received funds through the
Rehabilitation Services Administration Scholarship program and who
have not provided evidence of fulfilling their obligations under
that program.
Current and former Department employees who received
overpayments and the overpayments have not been waived by the
Department.
Individuals who were overpaid or inappropriately paid
under grant programs administered by the Department other than title
IV of the Higher Education Act of 1965, as amended.
Individuals against whom the Department has claims for
Federal funds.
We are making these additions because the records on individuals
who are covered by the Receivables Management System are maintained in
EDCAPS and because OCIO is keeping peer reviewer information in EDCAPS.
Third, we are updating the paragraph in the EDCAPS notice
describing the categories of records in the system to include:
telephone number, a Taxpayer Identification Number (TIN), the Data
Universal Numbering System (DUNS) Number provided by Dun & Bradstreet,
date of birth, email address, and banking information. Some of these
additions are items that were accidentally omitted from the original
system of records notice, while others are additional records that were
not collected when the original notice was published.
Fourth, we are updating the authority for maintenance of the EDCAPS
system to include section 415 of the Department of Education
Organization Act (P.L. 96-88, 20 U.S.C. 3475); 31 U.S.C. 3321 (note);
31 U.S.C. 3512 (including the note) and 3515; 31 U.S.C. 7504; 31 U.S.C.
902(a); EO 9397 (8 FR 16095) as amended by EO 13478 (73 FR 70239), and
31 U.S.C. 7701 (TIN); Statements of Federal Financial Accounting
Standards issued by the Government Accountability Office, the U.S.
Department of the Treasury, and the Office of Management and Budget;
and 31 U.S.C. 3711-3720E. The original notice omitted these
authorities. We are deleting the statutory citation to 44 U.S.C. 301 in
the former notice because its inclusion was erroneous.
Fifth, we are expanding the purposes of the EDCAPS system to
``maintain financial and management records associated with the fiscal
operations of the Department and other entities with contracting
authority that use EDCAPS.'' The purposes have been updated as well to
include investigating complaints, updating information, correcting
errors and investigating fraud, preventing improper payments, carrying
out the receivables management function and safeguarding public funds,
preparing financial statements and other financial documents, and
determining qualifications of individuals for selection as grant
application peer reviewers.
We are also updating the purposes of the Financial Management
Software System module to include a description of system capabilities
to support these activities that did not exist when the original EDCAPS
notice was published.
We are updating the Contracts and Purchasing Support System
description to include a reference to a commercial software product
used to provide the procurement functionality.
Finally, we are removing the description of the Recipient System
since the Recipient System has been merged with the Grants Management
System (G5), which was formally called Grants Administration and
Payment System (GAPS).
Sixth, we are updating the routine uses of records maintained in
the system to include a number of uses that are a combination of both
standard routine uses that are included in most System of Record
Notices across the Department, and unique routine uses that are needed
for EDCAPS to function, and are relevant only to EDCAPS. These
additions will permit the disclosure of records:
To OMB for purposes of the Credit Reform Act, which was
enacted to require agencies to provide a more realistic assessment
of the cost of U.S. Government direct loans and loan guarantees;
For employee grievance, complaint, disciplinary, or
competency determination proceedings;
To labor organizations for purposes of exclusive
representation or to an arbitrator to resolve disputes under a
negotiated grievance procedure;
For research purposes when the Department determines
that an individual or organization is qualified to carry out
specific research concerning functions or purposes related to the
system of records;
To the U.S. Department of the Treasury or the Federal
Reserve Bank to facilitate payments to payees of the Department or
to prevent improper payments;
To the U.S. Department of the Interior to facilitate
payroll preparation;
To private collection companies and Federal agencies to
ensure the Department is able to meet its fiduciary responsibilities
related to collecting monies legally owed to the Department, which
were routine uses of the Receivables Management System (18-03-03);
and
To appropriate agencies, entities, and persons when (a)
it is suspected or confirmed that the security or confidentiality of
information in EDCAPS has been compromised, (b) there is a risk of
harm to economic or property interests, identity theft or fraud, or
harm to the security or integrity of EDCAPS or other systems or
programs, and (c) the disclosure is made to such agencies, entities,
and persons who are reasonably necessary to assist the Department in
responding to the suspected or confirmed compromise and in
preventing, minimizing, or remedying such harm.
Seventh, we are updating the policies and practices for storing,
retrieving, accessing, retaining, and disposing of records in the
system to include storage of data in hard copy and a computer database.
We are also updating the description of safeguards to include
additional security measures, including monitoring by security
personnel and the certification and accreditation of the system's
security posture. Further, we are updating the retention and disposal
policy to comply with the General Records Schedule approved by the
National Archives and Records Administration.
Eighth, we are updating the description of the system manager and
the address of the system manager to reflect that there is only a
single system manager.
Finally, we are updating the record source categories to add
Federal, State, and local government agencies as entities from which
the Department may receive records.
RECEIVABLES MANAGEMENT SYSTEM (18-03-03)
The Department identifies the system of records ``Receivables
Management System'' (18-03-03), as published in the Federal Register on
June 4, 1999 (64 FR
[[Page 80334]]
30106, 30116-18), to be deleted because the records on individuals who
are covered by this system of records are maintained in the
Department's EDCAPS system of records (18-04-04).
TRAVEL MANAGER SYSTEM (18-03-05)
The Department also identifies the system of records ``Travel
Manager System'' (18-03-05), as published in the Federal Register on
February 7, 2002 (67 FR 5908-10), to be deleted, because the Department
migrated to the General Services Administration's (GSA's) Contracted
Travel Services Program on October 2, 2006, and consequently the
Department's system has been replaced by the GSA's Governmentwide
system of records notice entitled ``Contracted Travel Services
Program'' (GSA/GOVT-4), as published in the Federal Register on June 3,
2009 (74 FR 26700-702).
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
under FOR FURTHER INFORMATION CONTACT.
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 the 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 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: December 14, 2015.
Danny A. Harris,
Chief Information Officer, Office of the Chief Information Officer.
For the reasons discussed in the preamble, the Chief Information
Officer of the U.S. Department of Education (Department) deletes,
amends, or alters the following systems of records:
DELETED SYSTEMS:
------------------------------------------------------------------------
SYSTEM NUMBER SYSTEM NAME
------------------------------------------------------------------------
18-03-03.................................. Receivables Management
System
18-03-05.................................. Travel Manager System
------------------------------------------------------------------------
AMENDED SYSTEM:
18-03-01
SYSTEM NAME:
Debarment and Suspension Proceedings under Executive Order (EO)
12549, the Drug-Free Workplace Act, and the Federal Acquisition
Regulation (FAR).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
For records regarding debarment and suspension actions under:
Federal Acquisition Regulation, 48 Code of Federal Regulations
(CFR), part 9, subpart 9.4--Debarment: Office of the Chief Financial
Officer, U.S. Department of Education, 550 12th St. SW., Washington, DC
20202-1100.
EO 12549--Debarment and Suspension (General): Grants Policy and
Procedures Team, Risk Management Service, Office of the Deputy
Secretary, U.S. Department of Education, 550 12th St. SW., Washington,
DC 20202-1100.
EO 12549--Debarment and Suspension (For certified public
accountants (CPAs) or principals of a CPA firm): Audit Services, Office
of Inspector General, U.S. Department of Education, 100 Penn Square
East, Philadelphia, PA 19107-3323.
EO 12549--Debarment and Suspension (For principals of institutions
of higher education, principals of lenders, or principals of guarantee
agencies): Administrative Actions and Appeals Division, Office of
Federal Student Aid, U.S. Department of Education, 830 First Street
NE., Washington, DC 20202-5353 and Office of Hearings and Appeals,
Office of Management, U.S. Department of Education, 490 E. L'Enfant
Plaza SW., Suite 2100A, Washington, DC 20202-4616.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system covers principals undergoing debarment or suspension
proceedings and principals that have been debarred or suspended under
either EO 12549, the Drug-Free Workplace Act, title IV of the Higher
Education Act of 1965, as amended (HEA), or the Federal Acquisition
Regulation. For the purposes of EO 12549, and the Drug-Free Workplace
Act, the term ``principal'' is defined in the Department's regulations
at 2 CFR 3485.995 and includes an officer, director, owner, partner, or
other person who is in a position to handle Federal funds, or influence
or control those funds or occupies a professional or technical position
capable of substantially influencing the development or outcome of an
activity required to perform a covered transaction. For purposes of
transactions made under title IV of the HEA, the term ``principal''
also includes a third-party servicer and any person who provides
services described in 34 CFR 668.2 or 682.200 to a title IV, HEA
participant, whether or not that person is retained or paid directly by
the title IV, HEA participant. A ``participant'' is defined in 2 CFR
180.980 as any person who submits a proposal for, or who enters into, a
covered transaction, including an agent or representative of a
participant. A ``covered transaction'' is a transaction described in 2
CFR part 180, subpart B, and the Department's regulations in 2 CFR
3485.220. This system of records covers contractors who are undergoing
debarment or suspension proceedings or who have been debarred or
suspended. Contractors covered by this system of records are
individuals who meet the definition of ``contractor'' under 48 CFR
9.403, including individuals who directly or indirectly submit offers
for or are awarded, or may reasonably be expected to submit offers for
or be awarded, a government contract, or who conduct business, or may
reasonably be expected to conduct business with the Department as an
agent or representative of another contractor. Finally, this system
covers individuals receiving grants or contracts subject to
requirements under the Drug-Free Workplace Act who are undergoing
debarment or suspension proceedings or who have been debarred or
suspended.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains documents relating to debarment and
suspension proceedings, including: Written referrals, notices of
suspensions and proposed debarments, respondents' responses to notices
and other communications between the Department and respondents, court
documents, including indictments, information, judgments of conviction,
plea agreements, prosecutorial offers of evidence to be produced at
trial, pre-sentencing reports and civil judgments, intra-agency and
inter-agency communications regarding proposed or completed debarments
or suspensions, and records of any interim or final decisions,
requests, or orders made by a deciding debarring or suspending official
(DSO) or fact-finding DSO
[[Page 80335]]
pursuant to EO 12549, the Drug-Free Workplace Act, and the FAR, 48 CFR
subpart 9.4.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
EO 12549, Debarment and Suspension (3 CFR 1986 Comp., p. 189); EO
12689 (3 CFR 1989 Comp., p. 235); the Federal Acquisition Streamlining
Act of 1994, Pub. L. 103-355, title II, section 2455, 108 Stat. 3327
(31 U.S.C. 6101 note); 2 CFR part 180--the Office of Management and
Budget Guidelines and 2 CFR part 3485; Departmental Directive for
Nonprocurement Debarment and Suspension, Administrative Communications
System Directive ODS: 1-101 (Directive); 20 U.S.C. 1082, 1094, 1221e-3,
and 3474; the Drug-Free Workplace Act of 1988, as amended (41 U.S.C.
8101-8106); 34 CFR part 84--Department's Regulations on the
Requirements for Drug-Free Workplace (Financial Assistance); and the
Federal Acquisition Regulation, 48 CFR subpart 9.4, Debarment,
Suspension, and Ineligibility.
PURPOSE(S):
Information contained in this system of records is used to: (1)
Protect the Federal Government from the actions of individuals that
constitute grounds for debarment or suspension or both under the
Department's debarment and suspension regulations, the Department's
Drug-Free Workplace regulations, or the FAR; (2) make decisions
regarding debarments and suspensions; and (3) ensure that participants
and Federal agencies give effect to debarment or suspension decisions
rendered by the Department.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE 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 the purposes for which the record was collected. These
disclosures may be made case by case or, if the Department has complied
with the requirements of the Privacy Act of 1974, as amended (Privacy
Act), under a computer matching agreement.
(1) Litigation or Alternative Dispute Resolution (ADR) Disclosure.
(a) In the event that one of the parties listed below is involved
in litigation or ADR, or has an interest in 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 or any component of the Department;
(ii) Any employee of the Department in his or her official
capacity;
(iii) Any employee of the Department in his or her individual
capacity where the Department of Justice (DOJ) has agreed or has been
requested to provide or arrange for representation for the employee;
(iv) Any employee of the Department 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 Department of Justice. If the Department
determines that disclosure of certain records to DOJ or attorneys
engaged by the DOJ is relevant and necessary to judicial or
administrative litigation or ADR and is compatible with the purpose for
which the records were collected, the Department may disclose those
records as a routine use to DOJ.
(c) Adjudicative Disclosure. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear or to an individual or entity
designated by the Department or otherwise empowered to resolve or
mediate disputes is relevant and necessary to judicial or
administrative litigation or ADR and is compatible with the purposes
for which the records were collected, the Department may disclose those
records as a routine use to the adjudicative body, individual, or
entity.
(d) Disclosure to 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
judicial or administrative litigation or ADR and is compatible with the
purpose for which the records were collected, the Department may
disclose those records as a routine use to the party, counsel,
representative, or witness.
(2) Disclosure to the General Services Administration. The
Department makes information contained in this system of records
available to the General Services Administration for inclusion in the
System for Award Management (SAM). SAM incorporates all records from
the Excluded Parties List System (EPLS), the prior record-keeping
system for suspension and debarment information. This list may be
accessed via the Internet at www.sam.gov/portal/public/SAM.
(3) Disclosure to the Public. The Department provides information
to the public about individuals who have been debarred or suspended by
the Department to enforce debarment and suspension actions.
(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 relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether foreign, Federal, State, tribal, or
local, charged with the responsibility of investigating or prosecuting
such violation or charged with enforcing or implementing the statute,
or executive order or rule, regulation, or order issued pursuant
thereto.
(5) Freedom of Information Act or Privacy Act Advice Disclosure. In
the event the Department deems it prudent or necessary, in determining
whether particular records are required to be disclosed under the
Freedom of Information Act or the Privacy Act, disclosure may be made
to the Department of Justice or the Office of Management and Budget for
the purpose of obtaining advice.
(6) Contract Disclosure. If the Department contracts with an entity
for the purpose of performing any function that requires disclosure of
records in this system to employees of the contractor, the Department
may disclose the records as a routine use to those employees. Before
entering into such a contract, the Department shall 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.
(7) Research Disclosure. Where an appropriate official of the
Department determines that an individual or organization is qualified
to carry out specific research related to the functions or purposes of
this system of records, that official may disclose information from
this system of records to that researcher solely for the purpose of
carrying out the 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.
(8) 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.
[[Page 80336]]
(9) Disclosure in the Course of Responding to Breach of Data. The
Department may disclose records to appropriate agencies, entities, and
persons when (a) it is suspected or confirmed that the security or
confidentiality of information in this system 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 this system or other systems or programs (whether
maintained by the Department or by another agency or entity) that rely
upon the compromised information; and (c) the disclosure is made to
such agencies, entities, and persons who are reasonably necessary to
assist the Department in responding to the suspected or confirmed
compromise and in preventing, minimizing, or remedying such harm.
(10) Disclosure in the Course of the Department's Debarment or
Suspension Proceedings or in Anticipation of Such Proceedings. The
Department may disclose records to any business entity, organization,
or individual who is involved in the Department's debarment or
suspension proceedings or who is anticipated to be involved in such
proceedings, or to the legal representative thereof.
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 and on a Web-based
portal maintained by the Department.
RETRIEVABILITY:
Records are indexed by the names of the individuals and by docket
numbers.
SAFEGUARDS:
All physical access to the sites 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. The computer database
maintained by the Office of Hearings and Appeals, Office of Management,
is accessible only to authorized persons and is password-protected and
utilizes security hardware and software. The Web-based portal that is
operated by the Office of Hearings and Appeals, Office of Management,
however, is accessible to anyone with access to the Internet.
Access to records in this system is only available to authorized
users. Management approves all access, roles and responsibilities.
Users outside of the internal functional team have no access to
personally identifiable information. Strict access to production and
reporting databases is enforced. Intrusion detection, user
recertification, and vulnerability scans are performed on access and
databases.
RETENTION AND DISPOSAL:
Records relating to debarment and suspension actions under EO 12549
are retained in accordance with Department of Education Records
Disposition Schedule (ED/RDS) Part 16, Item 4(c). These records are
retained for eight years from the end of the fiscal year in which the
case is closed and then destroyed. Records relating to all other
debarment and suspension actions are currently unscheduled, pending
approval of applicable records retention schedules by the National
Archives and Records Administration (NARA). These records will not be
destroyed until applicable NARA-approved records retention schedules
are in effect.
SYSTEM MANAGER(S) AND ADDRESS(ES):
Senior Procurement Executive, Office of the Chief Financial
Officer, U.S. Department of Education, 550 12th St. SW., Washington, DC
20202-1100.
Director, Risk Management Service, Office of the Deputy Secretary,
U.S. Department of Education, 550 12th St. SW., Washington, DC 20202-
1100.
Non-Federal Audit Director, Office of Inspector General, U.S.
Department of Education, 100 Penn Square East, Philadelphia, PA 19107-
3323.
Director, Administrative Actions and Appeals Division, Office of
Federal Student Aid, U.S. Department of Education, 830 First Street
NE., Washington, DC 20202-5353.
Director, Office of Hearings and Appeals, Office of Management,
U.S. Department of Education, 490 E. L'Enfant Plaza SW., Suite 2100A,
Washington, DC 20202-4616.
NOTIFICATION PROCEDURE:
If an individual wishes to determine whether a record exists
regarding him or her in this system of records, the individual must
contact the system manager. Requests for notification about an
individual record must meet the requirements of the regulations in 34
CFR 5b.5.
RECORD ACCESS PROCEDURES:
If an individual wishes to gain access to a record in this system,
he or she must contact the system manager and provide information as
described in the notification procedure. Requests for access to an
individual's record must meet the requirements of the regulations in 34
CFR 5b.5. Consistent with 5 U.S.C. 552a(d)(5), the Department retains
the discretion not to disclose records to an individual during the
course of a debarment or suspension proceeding against the individual.
CONTESTING RECORD PROCEDURES:
If an individual wishes to change the content of a record in the
system of records, he or she must contact the system manager with the
information described in the notification procedure, identify the
specific item(s) to be changed, and provide a written justification for
the change, including any supporting documentation. Requests to amend a
record must meet the requirements of the regulations in 34 CFR 5b.7.
RECORD SOURCE CATEGORIES:
Sources for records in this system include: Department employees
involved in the management of grants, contracts, and agreements; the
investigative inspection and audit files maintained by the Department's
Office of Inspector General; other organizations or persons that may
have relevant information regarding participants and their principals;
and participants, principals, contractors, or other individuals
undergoing or who have undergone debarment and suspension proceedings.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
AMENDED SYSTEM:
18-04-04
SYSTEM NAME:
Education's Central Automated Processing System (EDCAPS).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Electronic Data Records: Dell System's Plano Technology Center,
2300 West Plano Parkway, Plano, TX 75075-8427 and Dell System's
Florence Technology Center, 7190 Industrial Road, Florence, KY 41022-
2908 (contractor).
See the Appendix at the end of this notice for additional system
locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by the system include employees
of the Department of Education (Department),
[[Page 80337]]
consultants, contractors, grantees, advisory committee members, peer
reviewers, and other individuals receiving funds from the Department
for performing services for and providing goods to the Department.
Other categories of individuals covered by the system include:
Persons billed by the Department for materials and
services such as Freedom of Information Act requests and computer
tapes of statistical data.
Persons ordered by a court of law to pay restitution to
the Department.
Individuals who have received funds through the
Rehabilitation Services Administration (RSA) Scholarship program and
who have not provided evidence of fulfilling their obligations under
that program.
Current and former Department employees who received
overpayments and the overpayments have not been waived by the
Department.
Individuals who were overpaid or inappropriately paid
under grant programs administered by the Department other than Title
IV of the Higher Education Act of 1965, as amended.
Claims against individuals, including orders by a court
or other authority to make restitution, for the misuse of Federal
funds in connection with any program administered by the Department.
Student loan repayment records and records maintained by the
Department's Office of Hearings and Appeals in either its debt
management tracking system or on its Web-based system displaying final
agency decisions are not covered under this notice.
Although EDCAPS contains information about institutions associated
with individuals, the purposes for which the Department collects and
maintains information under this system of records, and its usage of
this information, pertains only to individuals protected under the
Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a).
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system contain the individual's name and address,
telephone number, Taxpayer Identification Number (TIN), the Data
Universal Numbering System (DUNS) number provided by Dun & Bradstreet,
Social Security number (SSN), date of birth, email address, banking
information, eligibility codes, detailed and summary obligation data,
reports of expenditures, and grant management data, including
application and close-out information. Documents maintained in the
system include, but are not limited to, activity logs, copies of
checks, contracts, court orders, letters of notice, promissory notes,
telephone logs, peer reviewer resumes, and related correspondence.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority for maintenance of the system includes section 415 of the
Department of Education Organization Act (P.L. 96-88, 20 U.S.C. 3475);
31 U.S.C. 3321 (note); 31 U.S.C. 3512 (including the note) and 3515; 31
U.S.C. 7504; 31 U.S.C. 902(a); Executive Order (EO) 9397 (8 FR 16095),
as amended by EO 13478 (73 FR 70239), and 31 U.S.C. 7701 (TIN);
Statements of Federal Financial Accounting Standards issued by the
Government Accountability Office, the U.S. Department of the Treasury,
and the Office of Management and Budget; 31 U.S.C. 3711-3720E.
PURPOSE(S):
The purpose of EDCAPS is to maintain financial and management
records associated with the fiscal operations of the Department and
other entities with contracting authority that use EDCAPS.
Records are used for, but not limited to, the following:
Managing grant and contract awards.
Making payments.
Accounting for goods and services provided and
received.
Enforcing eligibility requirements and conditions in
awards and U.S. law relating to transactions covered by this system.
Defending the Department in actions relating to
transactions covered by this system.
Investigating complaints.
Updating information.
Correcting errors, investigating fraud, and preventing
improper payments.
Performing the receivables management function and
safeguarding public funds.
Preparing financial statements and other financial
documents.
Determining qualifications of individuals for selection
as grant application peer reviewers.
The EDCAPS financial management system consists of a suite of
applications including:
Financial Management Software System (FMSS)
The FMSS module of EDCAPS is the Department's official general
ledger. It is the central piece of the Department's integrated
financial management system. FMSS includes functionality for budget
planning and execution, funds control, receipt management,
administrative payment management, loan servicing, and internal and
external reporting. FMSS interfaces with a variety of other EDCAPS
systems such as the Grants Management System (G5), Contracts and
Purchasing Support System (CPSS), and eTRAVEL. The Travel Management
System (TMS) is covered under an existing General Services
Administration (GSA) Governmentwide system of records notice entitled
``Contracted Travel Services Program'' (GSA/GOVT-4).
Grants Management System (G5)
The purpose of G5 is to administer grants and cooperative
agreements and record decisions related to grants, from planning
through closeout, including disbursing funds to grant recipients for
most Department programs and recording non-financial administrative
actions involving grants under those programs. G5 records individual
payments in real time, and summary payment data is posted to FMSS in a
nightly batching process. Payment information is retrievable in G5 by
DUNS number as required under Office of Management and Budget (OMB)
guidance to agencies. The name, mailing address, and other
characteristic data related to Federal grants or institutional loans
are also maintained.
Contract and Purchasing Support System (CPSS)
CPSS supports the contract pre- and post-award process and
purchasing. It interfaces with FMSS at the detail level for fund
control, general ledger, accounts payable, and accounts receivable. A
commercial software package is used to provide CPSS functionality.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The Department of Education 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 the purposes for which the record was
collected. These disclosures may be made on a case-by-case basis or, if
the Department has complied with the requirements of the Privacy Act,
under a computer matching agreement.
(1) Litigation or Alternative Dispute Resolution (ADR) Disclosure.
(a) In the event that one of the parties listed below is involved
in litigation or ADR proceedings, or has an interest in 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 or any component of the Department;
(ii) Any employee of the Department in his or her official
capacity;
(iii) Any employee of the Department in his or her individual
capacity where
[[Page 80338]]
the Department of Justice (DOJ) has agreed to or has been requested to
represent the employee;
(iv) Any employee of the Department 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 Department of Justice (DOJ). If the
Department determines that disclosure of certain records to DOJ is
relevant and necessary to judicial or administrative litigation or ADR
and is compatible with the purposes for which the records were
collected, the Department may disclose those records as a routine use
to DOJ.
(c) Adjudicative Disclosure. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear or to an individual or entity
designated by the Department or otherwise empowered to resolve or
mediate disputes is relevant and necessary to judicial or
administrative litigation or ADR, and is compatible with the purposes
for which the records were collected, the Department may disclose those
records as a routine use to the adjudicative body, individual, or
entity.
(d) Disclosure to 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
judicial or administrative litigation or ADR, and is compatible with
the purposes for which the records were collected, the Department may
disclose those records as a routine use to the party, counsel,
representative, or witness.
(2) Disclosure to OMB for Credit Reform Act (CRA) Purposes. The
Department may disclose individually identifiable information
maintained in this system of records to OMB as needed to fulfill CRA
requirements.
(3) Employee Grievance, Complaint, or Conduct Disclosure. The
Department may disclose records 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 grievance, a complaint, or a disciplinary or competency
determination proceeding of another agency of the Federal government.
(4) Labor Organization Disclosure. Records under this routine use
may be disclosed 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.
(5) Research Disclosure. Where an appropriate official of the
Department determines that an individual or organization is qualified
to carry out specific research related to the functions or purposes of
this system of records, that official may disclose information from
this system of records to that researcher solely for the purpose of
carrying out the 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 these records.
(6) Freedom of Information Act (FOIA) or Privacy Act Advice
Disclosure. In the event the Department deems it desirable or
necessary, in determining whether the FOIA or the Privacy Act requires
the disclosure of records, disclosure may be made to DOJ or OMB for the
purpose of obtaining advice.
(7) 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 as a routine use to those employees. Before
entering into such a contract, the Department shall 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.
(8) 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 relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether foreign, Federal, State, tribal, or
local, charged with the responsibility of investigating or prosecuting
such violation or charged with enforcing or implementing the statute,
or executive order or rule, regulation, or order issued pursuant
thereto.
(9) 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.
(10) Payment Disclosure. The Department may disclose records to the
U.S. Department of the Treasury or the Federal Reserve Bank as
necessary to facilitate payments to Departmental payees against the
Department's funds or to prevent improper payments.
(11) Payroll Disclosure. The Department may disclose records to the
U.S. Department of the Interior for employee payroll preparation.
(12) Disclosure for Receivables Management. The Department may
disclose records to credit agencies and Federal agencies to verify the
identity and location of the debtor. The Department may also make
disclosures to credit agencies, educational and financial institutions,
and various Federal, State, or local agencies to enforce the terms of a
loan where disclosure is required by Federal law. Finally, the
Department may also make disclosures of records under this routine use
to the U.S. Department of the Treasury and other Federal agencies for
debt servicing and collection.
(13) Disclosure in the Course of Responding to Breach of Data. The
Department may disclose records to appropriate agencies, entities, and
persons when (a) it is suspected or confirmed that the security or
confidentiality of information in EDCAPS 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 EDCAPS or other systems or programs (whether maintained by
the Department or by another agency or entity) that rely upon the
compromised information; and (c) the disclosure is made to such
agencies, entities, and persons who are reasonably necessary to assist
the Department in responding to the suspected or confirmed compromise
and in preventing, minimizing, or remedying such harm.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may
disclose to a consumer reporting agency information regarding a claim
by the Department which is determined to be valid and overdue as
follows: (1) The name, address, TIN, and other information necessary to
establish the identity of the individual responsible for the claim; (2)
the amount, status, and history of the claim; and (3) the program under
which the claim arose. The Department may disclose the information
specified in this paragraph under 5 U.S.C. 552a(b)(12) and the
procedures contained in 31 U.S.C. 3711(e). A consumer reporting agency
to
[[Page 80339]]
which these disclosures may be made is defined in 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on hard copy, magnetic tapes, and computer
servers.
RETRIEVABILITY:
Records are indexed by name, or other individual identifier, and
TIN. The records are retrieved by a manual or computer search by
indices.
SAFEGUARDS:
All physical access to the sites of the Department and the
Department's contractor, where this system of records is maintained,
are controlled and monitored by security personnel. 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.
RETENTION AND DISPOSAL:
Records in EDCAPS are retained in accordance with Department of
Education Records Disposition Schedule ED 254 (N1-441-11-001).
SYSTEM MANAGER(S) AND ADDRESS:
The EDCAPS manager is the Director, Financial Systems Services,
Office of the Chief Information Officer, U.S. Department of Education,
550 12th St. SW., Washington, DC 20202-1100.
NOTIFICATION PROCEDURE:
If an individual wishes to determine whether a record pertaining to
the individual is in the system of records, he or she should contact
the appropriate system manager. Requests by an individual for
notification must meet the requirements in the regulations in 34 CFR
5b.5.
RECORD ACCESS PROCEDURES:
If an individual wishes to gain access to a record in this system,
he or she should contact the appropriate system manager and provide
information as described in the notification procedure. Requests by an
individual for access to a record must meet the requirements in the
regulations in 34 CFR 5b.5.
CONTESTING RECORD PROCEDURES:
If an individual wishes to change the content of a record
pertaining to the individual that is contained in the system of
records, he or she should contact the appropriate system manager with
the information described in the notification procedure, identify the
specific items requested to be changed, and provide a justification for
such change. A request to amend a record must meet the requirements in
the regulations in 34 CFR 5b.7.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from electronic or paper
versions of applications seeking Department contracts, grants, or loans
at the time of application. Information is also obtained from
Department program offices, employees, consultants, Federal, State, and
local government agencies, and other entities performing services for
the Department.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Appendix to 18-04-04
The Financial Management Software System, the Contracts and
Purchasing Support System, and the Grants Management System (G5) are
all maintained by the Financial Systems Services, Office of the Chief
Information Officer, U.S. Department of Education, 550 12th St. SW.,
Washington, DC 20202-1100.
All locations of the U.S. Department of Education. For information
about these locations see https://www2.ed.gov/about/contacts/gen/.
[FR Doc. 2015-32501 Filed 12-23-15; 8:45 am]
BILLING CODE 4000-01-P