Privacy Act of 1974; System of Records, 80331-80339 [2015-32501]

Download as PDF 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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: E:\FR\FM\24DEN1.SGM 24DEN1 80332 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 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 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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 E:\FR\FM\24DEN1.SGM 24DEN1 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 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: mstockstill on DSK4VPTVN1PROD with NOTICES • 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 VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 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; PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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 E:\FR\FM\24DEN1.SGM 24DEN1 80334 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 ....... VerDate Sep<11>2014 SYSTEM NAME Receivables Management System 17:57 Dec 23, 2015 Jkt 238001 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 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 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 E:\FR\FM\24DEN1.SGM 24DEN1 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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: VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 (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 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 80335 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. E:\FR\FM\24DEN1.SGM 24DEN1 80336 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices (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. mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 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), PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\24DEN1.SGM 24DEN1 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 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). mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 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 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 80337 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 E:\FR\FM\24DEN1.SGM 24DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 80338 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 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 VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 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 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 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 E:\FR\FM\24DEN1.SGM 24DEN1 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 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]


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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records

AGENCY: Office of the Chief Information Officer, Department of 
Education.

ACTION: Notice of altered and deleted systems of records under the 
Privacy Act of 1974.

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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
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