Privacy Act of 1974; System of Records, 12081-12085 [2016-05015]

Download as PDF Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices be sent to Mr. Licari at WHS/ESD Directives Division, 4800 Mark Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350–3100. Dated: March 3, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2016–05101 Filed 3–7–16; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF EDUCATION [Docket No.: ED–2016–ICCD–0001] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Private School Universe Survey (PSS) June 2016–May 2019 National Center for Education Statistics (NCES), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing a revision of an existing information collection. DATES: Interested persons are invited to submit comments on or before April 7, 2016. ADDRESSES: To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED– 2016–ICCD–0001. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http:// www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 2E–103, Washington, DC 20202–4537. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Kashka Kubzdela at kashka.kubzdela@ed.gov. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:02 Mar 07, 2016 Jkt 238001 public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Private School Universe Survey (PSS) June 2016–May 2019. OMB Control Number: 1850–0641. Type of Review: A revision of an existing information collection. Respondents/Affected Public: Individuals and Households. Total Estimated Number of Annual Responses: 48,400. Total Estimated Number of Annual Burden Hours: 10,260. Abstract: The Private School Universe Survey (PSS) is conducted by the National Center for Education Statistics (NCES) to collect basic information from the universe of private elementary and secondary schools in the United States. The PSS is designed to gather biennial data on the total number of private schools, teachers, and students, along with a variety of related data, including: Religious orientation; grade-levels taught and size of school; length of school year and of school day; total student enrollment by gender (K–12); number of high school graduates; whether a school is single-sexed or coeducational; number of teachers employed; program emphasis; and existence and type of its kindergarten program. The PSS includes all schools that are not supported primarily by public funds, that provide classroom instruction for one or more of grades K– 12 or comparable ungraded levels, and that have one or more teachers. No substantive changes have been made to PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 12081 the survey or its procedures since its last approved administration (OMB# 1850–0641 v.6–7). The PSS is also used to create a universe list of private schools for use as a sampling frame for NCES surveys of private schools. This request is to conduct the 2017–18 Private School Universe Survey (PSS) data collection and the 2017–18 and 2019–20 PSS frame-development activities. Dated: March 3, 2016. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management. [FR Doc. 2016–05139 Filed 3–7–16; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION [Docket ID ED–2016–FSA–0014] Privacy Act of 1974; System of Records Federal Student Aid, Department of Education. ACTION: Notice of an altered system of records. AGENCY: In accordance with the Privacy Act of 1974, as amended (Privacy Act), 5 U.S.C. 552a, the Chief Operating Officer, Federal Student Aid, of the U.S. Department of Education (Department) publishes this notice proposing an altered system of records for the Office of the Student Loan Ombudsman Records (18–11–11). The Department created the Office of the Student Loan Ombudsman Records system to support the administration of title IV of the Higher Education Act of 1965, as amended (HEA); to receive, review, and attempt to resolve complaints from customers of Federal Student Aid programs, and to resolve such complaints within the Department and with institutions of higher education, lenders, guaranty agencies, loan servicers, and other participants in the loan programs; and to compile and analyze data on borrower complaints and make appropriate recommendations. The Department seeks comments on the altered system of records described in this notice, in accordance with the requirements of the Privacy Act. DATES: Submit your comments on this notice of an altered system of records on or before April 7, 2016. The Department filed a report describing the altered system of records covered by this notice with the Chair of the Senate Committee on Homeland SUMMARY: E:\FR\FM\08MRN1.SGM 08MRN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 12082 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices 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 February 23, 2016. This altered system of records will become effective on the later date of: (1) The expiration of the 40-day period for OMB review on April 4, 2016, unless OMB waives 10 days of the 40-day review period for compelling reasons shown by the Department; or (2) April 7, 2016, unless the system of records requires changes as a result of public comment or OMB review. The Department will publish any changes to the altered system of records resulting from public comment or OMB review. ADDRESSES: Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID and the term ‘‘Office of the Student Loan Ombudsman Records’’ at the top of your comments. • Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under the ‘‘Help’’ tab. • Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about this system of records, address them to: Joyce DeMoss, Ombudsman/Director, Ombudsman Group, Customer Experience, Federal Student Aid, U.S. Department of Education, 830 First Street NE., 4th Floor/MC–5144, Union Center Plaza (UCP), Washington, DC 20202–5144. Telephone: (202) 377–3992. Privacy Note: The Department’s policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available. 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 VerDate Sep<11>2014 17:02 Mar 07, 2016 Jkt 238001 review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of accommodation or auxiliary aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Ombudsman/Director, Ombudsman Group, Customer Experience, Federal Student Aid, U.S. Department of Education, 830 First Street NE., 4th Floor/MC–5144, Union Center Plaza (UCP), Washington, DC 20202–5144. Telephone: (202) 377–3992. If you use a telecommunications device for the deaf or text telephone, call the Federal Relay Service, toll free, at 1–800–877–8339. Individuals with disabilities may obtain this document in an alternative format (e.g., braille, large print, audiotape, or compact disc) on request to the contact person listed in this section. SUPPLEMENTARY INFORMATION: Preamble The Privacy Act (5 U.S.C. 552a (e)(4) and (11)) requires the Department to publish in the Federal Register this notice of an altered system of records. The Department’s regulations implementing the Privacy Act are contained in the Code of Federal Regulations (CFR) in 34 CFR part 5b. The Privacy Act applies to information about an individual that is maintained in a system of records from which information is retrieved by a unique identifier associated with the individual, such as a name or Social Security number (SSN). The information about the individual is called a ‘‘record,’’ and the system, whether manual or computer based, is called a ‘‘system of records.’’ The Privacy Act requires agencies to publish a notice in the Federal Register and to prepare a report to the Administrator of the Office of Information and Regulatory Affairs, OMB whenever the agency publishes a new system of records or makes a significant change to an established system of records. Each agency is also required to send copies to the Chair of the Senate Committee on Homeland Security and Governmental Affairs and the Chair of the House Committee on Oversight and Government Reform. These reports are intended to permit an evaluation of the probable or potential effect of the proposal on the privacy rights of individuals. This system collects records on individuals who are, were, or may be participants in any of the Student PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Financial Assistance Programs under title IV of the HEA, and who request assistance, directly or through a designated third party, from the Ombudsman. The Office of the Student Loan Ombudsman Records system collects the information for a number of purposes related to the duties and responsibilities of the Ombudsman, including: Verifying the identities of individuals; recording complaints and comments; tracking individual cases through final resolution; reporting trends; analyzing the data to recommend improvements in Student Financial Assistance Programs; and assisting in the resolution of disputes. The Office of the Student Loan Ombudsman Records system consists of a variety of records that identify the individuals’ complaints, requests for assistance, or other inquiries. Records include, but are not limited to: Written documentation of the individual’s complaint, request for assistance, or other comment or inquiry; and information pertaining to the student’s or parent’s title IV Student Financial Assistance Program account(s), such as the person’s name, SSN, date of birth, address, telephone number(s), and Federal Student Aid ID (FSA ID). Additionally, records include the name, address, and phone numbers of school(s), lender(s), secondary holder(s) or lender(s), guaranty agency(ies), servicer(s), and private collection agency(ies), if applicable. On December 27, 1999, the Department published the first Privacy Act System of Record Notice (SORN) issuance for the Office of the Student Loan Ombudsman Records. This SORN has not been amended since this original date of publication. Given the amount of time that has passed, we have provided a summary of the changes and the corresponding rationale. First, we altered the system location section because the Office of the Student Loan Ombudsman Records system will now be hosted by a cloud provider. Second, we amended routine uses (1), (2), and (3). We modified routine use (1), Program Disclosure, to permit disclosures to be made for additional programmatic reasons to private collection agencies and Federal agencies in order to obtain further information about a complaint, request for assistance, or other inquiry before it can be resolved. Routine use (2), Disclosure for Use by Other Law Enforcement Agencies, and routine use (3), Enforcement Disclosure, were both modified to remove the limitation that disclosures could only be made for possible violations of criminal laws and E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices civil fraud and to permit disclosures to be made for other possible civil or administrative violations of the law. Third, we added new routine uses (9), (10), and (11). Routine use (9), Borrower Complaint Disclosure, was added to accommodate sharing data regarding borrower complaints that were filed by borrowers with other agencies, such as the Consumer Financial Protection Bureau (CFPB). We added routine use (10), Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure, so that we could make disclosures from this system to OMB and the Department of Justice (DOJ) to obtain advice on FOIA and Privacy Act requests for records in this system of records. Lastly, we added routine use (11), Disclosure in the Course of Responding to a Breach of Data, to comply with OMB’s guidance, in OMB Memorandum 07–16, which advised the Department to add this routine use to appropriate systems. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. SYSTEM LOCATION: Dated: March 2, 2016. James W. Runcie, Chief Operating Officer, Federal Student Aid. PURPOSE(S): asabaliauskas on DSK3SPTVN1PROD with NOTICES For the reasons discussed in the preamble, the Chief Operating Officer of Federal Student Aid of the U.S. Department of Education (Department) publishes a notice of an altered system of records to read as follows: SYSTEM NUMBER: 18–11–11 SYSTEM NAME: This system contains records on individuals who are, were, or may be participants in any of the Student Financial Assistance Programs under title IV of the Higher Education Act of 1965, as amended (HEA), and who request assistance, directly or through a designated third party, from the Ombudsman. CATEGORIES OF RECORDS IN THE SYSTEM: This system consists of a variety of records that identify the individuals’ complaints, requests for assistance, or other inquiries. Records include, but are not limited to: Written documentation of the individual’s complaint, request for assistance, or other comment or inquiry; and information pertaining to the student’s or parent’s title IV Student Financial Assistance Program account(s), such as the person’s name, Social Security number (SSN), date of birth, address, telephone number(s), and Federal Student Aid ID (FSA ID). Additionally, records will include the name, address, and phone numbers of school(s), lender(s), secondary holder(s) or lender(s), guaranty agency(ies), servicer(s), and private collection agency(ies), if applicable. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Section 141(f) of the HEA (20 U.S.C. 1018(f)). The information contained in this system will be used for a number of purposes related to the duties and responsibilities of the Ombudsman, including: Verifying the identities of individuals; recording complaints and comments; tracking individual cases through final resolution; reporting trends; analyzing the data to recommend improvements in Student Financial Assistance Programs; and assisting in the resolution of disputes. The Department may disclose information contained in a record in this system of records under the routine SECURITY CLASSIFICATION: None. 17:02 Mar 07, 2016 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Office of the Student Loan Ombudsman Records. VerDate Sep<11>2014 Salesforce Data Center, primary data center in 44521 Hastings Drive, Ashburn, VA 20147. The system is accessible via the Internet to different categories of users, including Department personnel, customers, and designated agents of the Department. As a result, these users may be at any location where they have Internet access. Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 12083 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 computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act), under a computer matching agreement. (1) Program Disclosure. The Department may disclose records to Federal agencies, State agencies, schools, lenders, guaranty agencies, servicers, and private collection agencies when it is necessary to obtain further information about the complaint, request for assistance, or other inquiry before it can be resolved. (2) Disclosure for Use by Other Law Enforcement Agencies. The Department may disclose information to any Federal, State, local, or foreign agency or other public authority responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if that information is relevant to any enforcement, regulatory, investigative, or prosecutorial responsibility within the receiving entity’s jurisdiction. (3) Enforcement Disclosure. In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulation, or order of a competent authority, the Department may disclose the relevant records to the appropriate agency, whether foreign, Federal, State, tribal, or local, charged with the responsibility of investigating or prosecuting that violation or charged with enforcing or implementing the statute, Executive order, rule, regulation, or order issued pursuant thereto. (4) Litigation and Alternative Dispute Resolution (ADR) Disclosures. (a) Introduction. In the event that one of the parties listed below is involved in litigation or ADR, or has an interest in such 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 Department employee in his or her official capacity; (iii) Any Department employee in his or her individual capacity if the Department of Justice (DOJ) has been requested to or has agreed to provide or arrange for representation for the employee; E:\FR\FM\08MRN1.SGM 08MRN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 12084 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices (iv) Any Department employee in his or her individual capacity if the Department has agreed to represent the employee; or (v) The United States if the Department determines that the litigation is likely to affect the Department or any of its components. (b) Disclosure to the DOJ. If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to litigation or ADR, the Department may disclose those records as a routine use to the DOJ. (c) Adjudicative Disclosures. If the Department determines that it is relevant and necessary to the litigation or ADR to disclose certain records to an adjudicative body before which the Department is authorized to appear, to an individual, or to an entity designated by the Department or otherwise empowered to resolve or mediate disputes, the Department may disclose those records as a routine use to the adjudicative body, individual, or entity. (d) Disclosures to parties, counsels, representatives, and witnesses. If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness. (5) Disclosure to the DOJ. The Department may disclose records to the DOJ to the extent necessary for obtaining DOJ advice on any matter relevant to an audit, inspection, or other inquiry related to the programs covered by this system. (6) Contract Disclosure. If the Department contracts with an entity for the purposes of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records to those employees. Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system. (7) Research Disclosure. The Department may disclose records to a researcher if an appropriate official of the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records. The official may disclose records from this system of records to that researcher solely for the purpose of carrying out that research related to the functions or purposes of this system of records. The researcher shall be required to maintain Privacy Act VerDate Sep<11>2014 17:02 Mar 07, 2016 Jkt 238001 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. (9) Borrower Complaint Disclosure. If a record is relevant and necessary to a borrower complaint regarding participants in any Student Financial Assistance Programs under title IV of the HEA, the Department may disclose a record from this system of records in the course of investigating, fact-finding, or adjudicating the complaint to: Any party to the complaint; the party’s counsel or representative; a witness; or a designated fact-finder, mediator, or other person designated to resolve issues or decide the matter. The disclosure may only be made during the course of the investigation, fact-finding, or adjudication. (10) Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure. The Department may disclose records from this system of records to the DOJ or Office of Management and Budget (OMB) if the Department concludes that disclosure is desirable or necessary in determining whether particular records are required to be disclosed under the FOIA or the Privacy Act. (11) Disclosure in the Course of Responding to a Breach of Data. The Department may disclose records from this system of records to appropriate agencies, entities, and persons when: (a) The Department suspects or has confirmed that the security or confidentiality of information in 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 made to such agencies, entities, and persons is reasonably necessary to assist the Department’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. DISCLOSURE TO CONSUMER REPORTING AGENCIES: Not applicable. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: These records will be maintained either in hard copy or in an electronic database. RETRIEVABILITY: Records are indexed by SSN, name, date of birth, and case tracking number. SAFEGUARDS: Access to and use of these records shall be limited to those persons whose official duties require access. This includes staff members of the Office of the Student Loan Ombudsman, other Department offices, and agents of the Department. All physical access to the site where this system of records is maintained is controlled and monitored by security personnel who check each individual entering the building for his or her employee or visitor badge. The computer system offers a high degree of resistance to tampering and circumvention. This security system limits data access to staff on a ‘‘need to know’’ basis, and controls individual users’ ability to access and alter records within the system. All users of this system of records are given unique user IDs with personal identifiers. All interactions by individual users with the system are recorded. RETENTION AND DISPOSAL: The records are retained for 10 years after cut off on close of case or final determination, and then destroyed in accordance with the Department’s records retention and disposition schedule 052 FSA Ombudsman Case Files. SYSTEM MANAGER(S) AND ADDRESS: Ombudsman, Federal Student Aid, U.S. Department of Education, 830 First Street NE., Room 41I1, Washington, DC 20202. NOTIFICATION PROCEDURE: If you wish to determine whether a record exists regarding you in the system of records, contact the system manager. Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity. RECORD ACCESS PROCEDURES: If you wish to gain access to a record regarding you in the system of records, contact the system manager. Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity. E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices CONTESTING RECORD PROCEDURES: Full Text of Announcement If you wish to contest the content of a record regarding you in the system of records, contact the system manager. Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7. I. Funding Opportunity Description RECORD SOURCE CATEGORIES: Information is obtained from the individuals (e.g., borrowers), Federal agencies, State agencies, schools, lenders, private collection agencies, and guaranty agencies. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. 2016–05015 Filed 3–7–16; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION Applications for New Awards; Education Research and Special Education Research Grant Programs Institute of Education Sciences, Department of Education. ACTION: Notice. AGENCY: asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: Overview Information: Education Research and Special Education Research Grant Programs. Notice inviting applications for new awards for fiscal year (FY) 2017. Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.305A, 84.305B, 84.305D, 84.305H, 84.305L, 84.305N, 84.324A, 84.324B, and 84.324L. The Deputy Director for Policy and Research, Delegated the Duties of the Director, of the Institute of Education Sciences (Institute) announces the Institute’s FY 2017 competitions for grants to support education research and special education research. The Delegated Director takes this action under the Education Sciences Reform Act of 2002. The Institute’s purpose in awarding these grants is to provide national leadership in expanding fundamental knowledge and understanding of (1) developmental and school readiness outcomes for infants and toddlers with or at risk for disability, and (2) education outcomes for all students from early childhood education through postsecondary and adult education. DATES: The dates when applications are available and the deadlines for transmittal of applications invited under this notice are indicated in the chart at the end of this notice. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:02 Mar 07, 2016 Jkt 238001 Purpose of Program: The central purpose of the Institute’s research grant programs is to provide interested individuals and the general public with reliable and valid information about education practices that support learning and improve academic achievement and access to education opportunities for all students. These interested individuals include parents, educators, students, researchers, and policymakers. In carrying out its grant programs, the Institute provides support for programs of research in areas of demonstrated national need. Competitions in This Notice: The Institute will conduct nine research competitions in FY 2017 through two of its centers: The Institute’s National Center for Education Research (NCER) will hold six competitions, one in each of the following areas: • Education research; • Education research training; • Statistical and research methodology in education; • Partnerships and collaborations focused on problems of practice or policy; • Low-cost, short-duration evaluations; and • Research networks. The Institute’s National Center for Special Education Research (NCSER) will hold three competitions, one in each of the following areas: • Special education research; • Special education research training; and • Low-cost, short-duration evaluations. NCER Competitions The Education Research Competition. Under this competition, NCER will consider only applications that address one of the following twelve education research topics: • Cognition and Student Learning. • Early Learning Programs and Policies. • Education Leadership. • Education Technology. • Effective Teachers and Effective Teaching. • English Learners. • Improving Education Systems. • Mathematics and Science Education. • Postsecondary and Adult Education. • Reading and Writing. • Social and Behavioral Context for Academic Learning. • Special Topics, which include • Arts in Education. • Career and Technical Education. • Systemic Approaches to Educating PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 12085 Highly Mobile Students. The Research Training Programs in the Education Sciences Competition. Under this competition, NCER will consider only applications that address one of the following three topics: • Pathways to the Education Sciences Research Training. • Postdoctoral Research Training. • Methods Training for Education Researchers. The Statistical and Research Methodology in Education Competition. Under this competition, NCER will consider only applications that address one of the following two topics: • Statistical and Research Methodology Grants. • Early Career Statistical and Research Methodology Grants. The Partnerships and Collaborations Focused on Problems of Practice or Policy Competition. Under this competition, NCER will consider only applications that address one of the following two topics: • Researcher-Practitioner Partnerships in Education Research. • Evaluation of State and Local Education Programs and Policies. The Low-Cost, Short-Duration Evaluation of Education Interventions Competition. Under this competition, NCER will consider only applications that address low-cost, short-duration evaluation of education interventions. The Research Networks Focused on Critical Problems of Education Policy and Practice Competition. Under this competition, NCER will consider only applications that address one of the following two topics: • Exploring Science Teaching in Elementary School Classrooms, which includes • Network Lead. • Research Team. • Scalable Strategies to Support College Completion, which includes • Network Lead. • Research Team. NCSER Competitions The Special Education Research Competition. In FY 2017, NCSER will consider only applications that focus on teachers and other instructional personnel within one of the following eleven topics: • Autism Spectrum Disorders. • Cognition and Student Learning in Special Education. • Early Intervention and Early Learning in Special Education. • Families of Children with Disabilities. • Mathematics and Science Education. E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Notices]
[Pages 12081-12085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05015]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2016-FSA-0014]


Privacy Act of 1974; System of Records

AGENCY: Federal Student Aid, Department of Education.

ACTION: Notice of an altered system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), 5 U.S.C. 552a, the Chief Operating Officer, Federal 
Student Aid, of the U.S. Department of Education (Department) publishes 
this notice proposing an altered system of records for the Office of 
the Student Loan Ombudsman Records (18-11-11).
    The Department created the Office of the Student Loan Ombudsman 
Records system to support the administration of title IV of the Higher 
Education Act of 1965, as amended (HEA); to receive, review, and 
attempt to resolve complaints from customers of Federal Student Aid 
programs, and to resolve such complaints within the Department and with 
institutions of higher education, lenders, guaranty agencies, loan 
servicers, and other participants in the loan programs; and to compile 
and analyze data on borrower complaints and make appropriate 
recommendations.
    The Department seeks comments on the altered system of records 
described in this notice, in accordance with the requirements of the 
Privacy Act.

DATES: Submit your comments on this notice of an altered system of 
records on or before April 7, 2016.
    The Department filed a report describing the altered system of 
records covered by this notice with the Chair of the Senate Committee 
on Homeland

[[Page 12082]]

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 February 23, 2016. This altered system of records will become 
effective on the later date of: (1) The expiration of the 40-day period 
for OMB review on April 4, 2016, unless OMB waives 10 days of the 40-
day review period for compelling reasons shown by the Department; or 
(2) April 7, 2016, unless the system of records requires changes as a 
result of public comment or OMB review. The Department will publish any 
changes to the altered system of records resulting from public comment 
or OMB review.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID and the term ``Office of the Student Loan Ombudsman Records'' 
at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under the ``Help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this system of records, address 
them to: Joyce DeMoss, Ombudsman/Director, Ombudsman Group, Customer 
Experience, Federal Student Aid, U.S. Department of Education, 830 
First Street NE., 4th Floor/MC-5144, Union Center Plaza (UCP), 
Washington, DC 20202-5144. Telephone: (202) 377-3992.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.
    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. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Ombudsman/Director, Ombudsman Group, 
Customer Experience, Federal Student Aid, U.S. Department of Education, 
830 First Street NE., 4th Floor/MC-5144, Union Center Plaza (UCP), 
Washington, DC 20202-5144. Telephone: (202) 377-3992.
    If you use a telecommunications device for the deaf or text 
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., braille, large print, audiotape, or compact 
disc) on request to the contact person listed in this section.

SUPPLEMENTARY INFORMATION: 

Preamble

    The Privacy Act (5 U.S.C. 552a (e)(4) and (11)) requires the 
Department to publish in the Federal Register this notice of an altered 
system of records. The Department's regulations implementing the 
Privacy Act are contained in the Code of Federal Regulations (CFR) in 
34 CFR part 5b.
    The Privacy Act applies to information about an individual that is 
maintained in a system of records from which information is retrieved 
by a unique identifier associated with the individual, such as a name 
or Social Security number (SSN). The information about the individual 
is called a ``record,'' and the system, whether manual or computer 
based, is called a ``system of records.''
    The Privacy Act requires agencies to publish a notice in the 
Federal Register and to prepare a report to the Administrator of the 
Office of Information and Regulatory Affairs, OMB whenever the agency 
publishes a new system of records or makes a significant change to an 
established system of records. Each agency is also required to send 
copies to the Chair of the Senate Committee on Homeland Security and 
Governmental Affairs and the Chair of the House Committee on Oversight 
and Government Reform. These reports are intended to permit an 
evaluation of the probable or potential effect of the proposal on the 
privacy rights of individuals.
    This system collects records on individuals who are, were, or may 
be participants in any of the Student Financial Assistance Programs 
under title IV of the HEA, and who request assistance, directly or 
through a designated third party, from the Ombudsman. The Office of the 
Student Loan Ombudsman Records system collects the information for a 
number of purposes related to the duties and responsibilities of the 
Ombudsman, including: Verifying the identities of individuals; 
recording complaints and comments; tracking individual cases through 
final resolution; reporting trends; analyzing the data to recommend 
improvements in Student Financial Assistance Programs; and assisting in 
the resolution of disputes.
    The Office of the Student Loan Ombudsman Records system consists of 
a variety of records that identify the individuals' complaints, 
requests for assistance, or other inquiries. Records include, but are 
not limited to: Written documentation of the individual's complaint, 
request for assistance, or other comment or inquiry; and information 
pertaining to the student's or parent's title IV Student Financial 
Assistance Program account(s), such as the person's name, SSN, date of 
birth, address, telephone number(s), and Federal Student Aid ID (FSA 
ID). Additionally, records include the name, address, and phone numbers 
of school(s), lender(s), secondary holder(s) or lender(s), guaranty 
agency(ies), servicer(s), and private collection agency(ies), if 
applicable.
    On December 27, 1999, the Department published the first Privacy 
Act System of Record Notice (SORN) issuance for the Office of the 
Student Loan Ombudsman Records. This SORN has not been amended since 
this original date of publication. Given the amount of time that has 
passed, we have provided a summary of the changes and the corresponding 
rationale.
    First, we altered the system location section because the Office of 
the Student Loan Ombudsman Records system will now be hosted by a cloud 
provider.
    Second, we amended routine uses (1), (2), and (3). We modified 
routine use (1), Program Disclosure, to permit disclosures to be made 
for additional programmatic reasons to private collection agencies and 
Federal agencies in order to obtain further information about a 
complaint, request for assistance, or other inquiry before it can be 
resolved. Routine use (2), Disclosure for Use by Other Law Enforcement 
Agencies, and routine use (3), Enforcement Disclosure, were both 
modified to remove the limitation that disclosures could only be made 
for possible violations of criminal laws and

[[Page 12083]]

civil fraud and to permit disclosures to be made for other possible 
civil or administrative violations of the law.
    Third, we added new routine uses (9), (10), and (11). Routine use 
(9), Borrower Complaint Disclosure, was added to accommodate sharing 
data regarding borrower complaints that were filed by borrowers with 
other agencies, such as the Consumer Financial Protection Bureau 
(CFPB). We added routine use (10), Freedom of Information Act (FOIA) 
and Privacy Act Advice Disclosure, so that we could make disclosures 
from this system to OMB and the Department of Justice (DOJ) to obtain 
advice on FOIA and Privacy Act requests for records in this system of 
records.
    Lastly, we added routine use (11), Disclosure in the Course of 
Responding to a Breach of Data, to comply with OMB's guidance, in OMB 
Memorandum 07-16, which advised the Department to add this routine use 
to appropriate systems.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: March 2, 2016.
James W. Runcie,
Chief Operating Officer, Federal Student Aid.
    For the reasons discussed in the preamble, the Chief Operating 
Officer of Federal Student Aid of the U.S. Department of Education 
(Department) publishes a notice of an altered system of records to read 
as follows:
SYSTEM NUMBER:
    18-11-11

SYSTEM NAME:
    Office of the Student Loan Ombudsman Records.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Salesforce Data Center, primary data center in 44521 Hastings 
Drive, Ashburn, VA 20147. The system is accessible via the Internet to 
different categories of users, including Department personnel, 
customers, and designated agents of the Department. As a result, these 
users may be at any location where they have Internet access.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on individuals who are, were, or may 
be participants in any of the Student Financial Assistance Programs 
under title IV of the Higher Education Act of 1965, as amended (HEA), 
and who request assistance, directly or through a designated third 
party, from the Ombudsman.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of a variety of records that identify the 
individuals' complaints, requests for assistance, or other inquiries. 
Records include, but are not limited to: Written documentation of the 
individual's complaint, request for assistance, or other comment or 
inquiry; and information pertaining to the student's or parent's title 
IV Student Financial Assistance Program account(s), such as the 
person's name, Social Security number (SSN), date of birth, address, 
telephone number(s), and Federal Student Aid ID (FSA ID). Additionally, 
records will include the name, address, and phone numbers of school(s), 
lender(s), secondary holder(s) or lender(s), guaranty agency(ies), 
servicer(s), and private collection agency(ies), if applicable.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 141(f) of the HEA (20 U.S.C. 1018(f)).

PURPOSE(S):
    The information contained in this system will be used for a number 
of purposes related to the duties and responsibilities of the 
Ombudsman, including: Verifying the identities of individuals; 
recording complaints and comments; tracking individual cases through 
final resolution; reporting trends; analyzing the data to recommend 
improvements in Student Financial Assistance Programs; and assisting in 
the resolution of disputes.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The Department may disclose information contained in a record in 
this system of records under the routine uses listed in this system of 
records without the consent of the individual if the disclosure is 
compatible with 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 computer matching requirements of the Privacy Act 
of 1974, as amended (Privacy Act), under a computer matching agreement.
    (1) Program Disclosure. The Department may disclose records to 
Federal agencies, State agencies, schools, lenders, guaranty agencies, 
servicers, and private collection agencies when it is necessary to 
obtain further information about the complaint, request for assistance, 
or other inquiry before it can be resolved.
    (2) Disclosure for Use by Other Law Enforcement Agencies. The 
Department may disclose information to any Federal, State, local, or 
foreign agency or other public authority responsible for enforcing, 
investigating, or prosecuting violations of administrative, civil, or 
criminal law or regulation if that information is relevant to any 
enforcement, regulatory, investigative, or prosecutorial responsibility 
within the receiving entity's jurisdiction.
    (3) Enforcement Disclosure. In the event that information in this 
system of records indicates, either on its face or in connection with 
other information, a violation or potential violation of any applicable 
statute, regulation, or order of a competent authority, the Department 
may disclose the relevant records to the appropriate agency, whether 
foreign, Federal, State, tribal, or local, charged with the 
responsibility of investigating or prosecuting that violation or 
charged with enforcing or implementing the statute, Executive order, 
rule, regulation, or order issued pursuant thereto.
    (4) Litigation and Alternative Dispute Resolution (ADR) 
Disclosures.
    (a) Introduction. In the event that one of the parties listed below 
is involved in litigation or ADR, or has an interest in such 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 Department employee in his or her official capacity;
    (iii) Any Department employee in his or her individual capacity if 
the Department of Justice (DOJ) has been requested to or has agreed to 
provide or arrange for representation for the employee;

[[Page 12084]]

    (iv) Any Department employee in his or her individual capacity if 
the Department has agreed to represent the employee; or
    (v) The United States if the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the DOJ. If the Department determines that 
disclosure of certain records to the DOJ is relevant and necessary to 
litigation or ADR, the Department may disclose those records as a 
routine use to the DOJ.
    (c) Adjudicative Disclosures. If the Department determines that it 
is relevant and necessary to the litigation or ADR to disclose certain 
records to an adjudicative body before which the Department is 
authorized to appear, to an individual, or to an entity designated by 
the Department or otherwise empowered to resolve or mediate disputes, 
the Department may disclose those records as a routine use to the 
adjudicative body, individual, or entity.
    (d) Disclosures to parties, counsels, representatives, and 
witnesses. If the Department determines that disclosure of certain 
records to a party, counsel, representative, or witness is relevant and 
necessary to the litigation or ADR, the Department may disclose those 
records as a routine use to the party, counsel, representative, or 
witness.
    (5) Disclosure to the DOJ. The Department may disclose records to 
the DOJ to the extent necessary for obtaining DOJ advice on any matter 
relevant to an audit, inspection, or other inquiry related to the 
programs covered by this system.
    (6) Contract Disclosure. If the Department contracts with an entity 
for the purposes of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records to those employees. Before entering into such 
a contract, the Department shall require the contractor to maintain 
Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect 
to the records in the system.
    (7) Research Disclosure. The Department may disclose records to a 
researcher if an appropriate official of the Department determines that 
the individual or organization to which the disclosure would be made is 
qualified to carry out specific research related to functions or 
purposes of this system of records. The official may disclose records 
from this system of records to that researcher solely for the purpose 
of carrying out that research related to the functions or purposes of 
this system of records. The researcher shall be required to maintain 
Privacy Act safeguards with respect to the disclosed records.
    (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.
    (9) Borrower Complaint Disclosure. If a record is relevant and 
necessary to a borrower complaint regarding participants in any Student 
Financial Assistance Programs under title IV of the HEA, the Department 
may disclose a record from this system of records in the course of 
investigating, fact-finding, or adjudicating the complaint to: Any 
party to the complaint; the party's counsel or representative; a 
witness; or a designated fact-finder, mediator, or other person 
designated to resolve issues or decide the matter. The disclosure may 
only be made during the course of the investigation, fact-finding, or 
adjudication.
    (10) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records from this system of 
records to the DOJ or Office of Management and Budget (OMB) if the 
Department concludes that disclosure is desirable or necessary in 
determining whether particular records are required to be disclosed 
under the FOIA or the Privacy Act.
    (11) Disclosure in the Course of Responding to a Breach of Data. 
The Department may disclose records from this system of records to 
appropriate agencies, entities, and persons when: (a) The Department 
suspects or has confirmed that the security or confidentiality of 
information in 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 made to such agencies, entities, and persons is 
reasonably necessary to assist the Department's efforts to respond to 
the suspected or confirmed compromise and prevent, minimize, or remedy 
such harm.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records will be maintained either in hard copy or in an 
electronic database.

RETRIEVABILITY:
    Records are indexed by SSN, name, date of birth, and case tracking 
number.

SAFEGUARDS:
    Access to and use of these records shall be limited to those 
persons whose official duties require access. This includes staff 
members of the Office of the Student Loan Ombudsman, other Department 
offices, and agents of the Department. All physical access to the site 
where this system of records is maintained is controlled and monitored 
by security personnel who check each individual entering the building 
for his or her employee or visitor badge.
    The computer system offers a high degree of resistance to tampering 
and circumvention. This security system limits data access to staff on 
a ``need to know'' basis, and controls individual users' ability to 
access and alter records within the system. All users of this system of 
records are given unique user IDs with personal identifiers. All 
interactions by individual users with the system are recorded.

RETENTION AND DISPOSAL:
    The records are retained for 10 years after cut off on close of 
case or final determination, and then destroyed in accordance with the 
Department's records retention and disposition schedule 052 FSA 
Ombudsman Case Files.

SYSTEM MANAGER(S) AND ADDRESS:
    Ombudsman, Federal Student Aid, U.S. Department of Education, 830 
First Street NE., Room 41I1, Washington, DC 20202.

NOTIFICATION PROCEDURE:
    If you wish to determine whether a record exists regarding you in 
the system of records, contact the system manager. Your request must 
meet the requirements of the Department's Privacy Act regulations at 34 
CFR 5b.5, including proof of identity.

RECORD ACCESS PROCEDURES:
    If you wish to gain access to a record regarding you in the system 
of records, contact the system manager. Your request must meet the 
requirements of the Department's Privacy Act regulations at 34 CFR 
5b.5, including proof of identity.

[[Page 12085]]

CONTESTING RECORD PROCEDURES:
    If you wish to contest the content of a record regarding you in the 
system of records, contact the system manager. Your request must meet 
the requirements of the Department's Privacy Act regulations at 34 CFR 
5b.7.

RECORD SOURCE CATEGORIES:
    Information is obtained from the individuals (e.g., borrowers), 
Federal agencies, State agencies, schools, lenders, private collection 
agencies, and guaranty agencies.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2016-05015 Filed 3-7-16; 8:45 am]
 BILLING CODE 4000-01-P