Privacy Act of 1974; System of Records, 7022-7025 [2018-03254]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Notices]
[Pages 7022-7025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03254]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2016-OM-0108]


Privacy Act of 1974; System of Records

AGENCY: Office of Management, Department of Education.

ACTION: Notice of a Modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act) (5 U.S.C. 552a), the Department of Education (Department 
or ED) publishes this notice of a modified system of records entitled 
``Student Loan Repayment Benefits Case Files'' (18-05-15). The system 
contains records related to employees and job candidates who are being 
considered for student loan repayment benefits under the Department's 
Human Capital Policy 537-1 entitled ``Student Loan Repayment Program,'' 
as well as individuals who have been approved for and are receiving 
such benefits.
    The information maintained in the system of records entitled 
``Student Loan Repayment Benefits Case Files'' consists of one or more 
of the following: Request letters from selecting officials or 
supervisors with supporting documentation; employees' and job 
candidates' names, home and work addresses, Social Security numbers, 
student loan account numbers, loan balances, repayment schedules, 
repayment histories, and repayment status; the loan holders' names, 
addresses, and telephone numbers; and a signed written service 
agreement in which an employee or job candidate agrees to complete a 
specified period of employment with ED. The information that will be 
maintained in the modified system of records will be collected through 
various sources, including directly from the individual to whom the 
information applies, officials of the Department, and official 
Department documents. The Department published a notice of a modified 
system of records in the Federal Register on December 23, 2016 (81 FR 
94353). The Department is hereby modifying that notice, and is 
republishing it in full.

DATES: Submit your comments on this modified system of records notice 
on or before March 19, 2018
    This modified system of records will become effective upon 
publication in the Federal Register on February 16, 2018, unless the 
modified system of records notice needs to be changed as a result of 
public comment. Newly proposed routine use (14) and modified routine 
uses (2, 4, 6, 12, and 13) in the paragraph entitled ``ROUTINE USES OF 
RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND 
PURPOSES OF SUCH USES'' will become effective on March 19, 2018, unless 
the modified system of records notice needs to be changed as a result 
of public comment. The Department will publish any significant changes 
resulting from public comment.

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 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 modified system of records, 
address them to: Kimberly Ritter, Director, Office of Human Resources, 
Learning and Development Division, U.S. Department of Education, 400 
Maryland Avenue SW, Washington, DC 20202-4573.

    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 supply an appropriate aid, such 
as a reader or print magnifier, 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 aid, please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Kimberly Ritter, Director, Office of 
Human Resources, Learning and Development Division. Telephone: (202) 
453-5588.
    If you use a telecommunications device for the deaf or a text 
telephone, you may call the Federal Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Introduction

    The Student Loan Repayment Benefits Case Files (18-05-15) system of 
records was most recently published in the Federal Register on December 
23, 2016 (81 FR 94353). The Department is hereby modifying that notice 
by updating routine uses for disclosure, removing a section regarding 
the disclosure of records to consumer reporting agencies, clarifying 
categories of records in and categories of individuals covered by the 
system, clarifying the record source categories, updating the records 
retention schedule in the section on the policies and practices for 
retention and disposal of records, updating the policies and practices 
for retrieval of records, and clarifying the record access, contesting, 
and notification procedures.
    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 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 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.


[[Page 7023]]


    Dated: February 13, 2018.
Denise L. Carter,
Acting Assistant Secretary for Management.

    For the reasons discussed in the preamble, the Acting Assistant 
Secretary for Management, U.S. Department of Education (Department or 
ED), publishes a notice of a modified system of records to read as 
follows:
System Name and Number
    Student Loan Repayment Benefits Case Files (18-05-15).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Human Resources, Learning and Development Division, 
Office of Management, U.S. Department of Education, 400 Maryland Avenue 
SW, Washington, DC 20202-4573.

SYSTEM MANAGER(S):
    Director, Office of Human Resources, Learning and Development 
Division, Office of Management, U.S. Department of Education, 400 
Maryland Avenue SW, Washington, DC 20202-4573.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Floyd D. Spence National Defense Authorization Act of Fiscal 
Year 2001 (Pub. L. 106-398), as amended (5 U.S.C. 5379), and 
implementing regulations at 5 CFR part 537.

PURPOSE(S) OF THE SYSTEM:
    These records are maintained to determine eligibility and benefits 
and to process requests to offer student loan repayment benefits to 
recruit highly qualified job candidates or to retain highly qualified 
Department employees under authority set forth at 5 U.S.C. 5379. The 
Department uses these records to prepare its reports for the Office of 
Personnel Management (OPM) as is required by 5 U.S.C. 5379 and 5 CFR 
537.110. The Department will also refer information from this system to 
loan holders for collection activities in the case of any student loan 
default or delinquency that becomes known to the Department in the 
course of determining an employee's and job candidates' eligibility for 
student loan repayment benefits because of the Department's mission 
responsibilities for Federal student loan programs and its role in 
promoting their responsible use by student borrowers.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on employees and job candidates (other 
than those outside of the Department who are currently employed in the 
Federal service) who are being considered for student loan repayment 
benefits under the Department's Human Capital Policy 537-1 entitled 
``Repayment of Federal Student Loans,'' as well as employees who have 
been approved for and received such benefits and former employees who 
have been approved for and received such benefits before separating 
from the Department.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains correspondence and other documents related to 
requests made by selecting officials or supervisors to offer student 
loan repayment benefits to recruit highly qualified job candidates or 
retain highly qualified employees. This system contains: (1) Request 
letters from selecting officials or supervisors with supporting 
documentation; (2) employees' and job candidates' names, home and work 
addresses, Social Security numbers, student loan account numbers, loan 
balances, repayment schedules, repayment histories, and repayment 
status; (3) the loan holders' names, addresses, and telephone numbers; 
and (4) a signed written service agreement in which an employee or job 
candidate agrees to complete a specified period of employment with ED.

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from the 
individual to whom the information pertains, officials of the 
Department, official Department documents, and from other individuals 
or entities from which data is obtained under routine uses set forth 
below.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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) Personnel Management Disclosure. The Department may disclose as 
a routine use to OPM any records or information in this system of 
records that OPM requests or requires pursuant to OPM's oversight and 
regulatory functions.
    (2) Salary Offset or Debt Collection Disclosures. The Department 
may disclose records in this system to other Federal agencies, hearing 
or court officials, and present employers of a former employee in order 
for the Department to obtain repayment, if an employee or former 
employee either fails to complete the period of employment required 
under a written service agreement (except as set forth in 5 CFR 
537.109(b)) or violates any other condition of a written service 
agreement that specifically triggers a reimbursement requirement, and 
fails to reimburse the Department the amount of any student loan 
repayment benefits that the employee or former employee received from 
the Department.
    (3) Disclosure to Other Federal Agencies. The Department may 
disclose records in this system to its payroll processing provider in 
order to calculate tax withholdings and disburse payments of student 
loan repayment benefits to loan holders on behalf of employees approved 
to receive this benefit.
    (4) Disclosure to Student Lending Institutions or Loan Holders. The 
Department may disclose to student lending institutions or loan holders 
records from this system as a routine use disclosure in order to verify 
information (such as the borrower's account number, original and 
current loan balance, repayment schedule, repayment history, and 
current repayment status) to allow the Department to determine an 
employee's initial and continuing eligibility for this benefit, to 
facilitate accurate payments to student loan holders on behalf of 
eligible employees, and to ensure the Department discontinues making 
student loan repayments to individuals who do not remain eligible for 
them during the period of the service agreement. The Department also 
may disclose to loan holders records from this system of records as a 
routine use disclosure in the event it becomes known to the Department 
during the course of its program eligibility determinations that an 
individual is past due, delinquent, or in default of a federally 
insured student loan so that the Department can facilitate the loan 
holder's collection of any past due, delinquent, or defaulted student 
loans, because of the Department's mission responsibilities for Federal 
student loan programs and its role in promoting their responsible use 
by student borrowers.
    (5) 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

[[Page 7024]]

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.
    (6) Litigation and Alternative Dispute Resolution (ADR) 
Disclosures.
    (a) Introduction. In the event that one of the parties listed in 
sub-paragraphs (i) through (v) 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; or
    (ii) Any Department employee in his or her official capacity; or
    (iii) Any Department employee in his or her individual capacity if 
the Department of Justice (DOJ) has agreed or has been requested to 
provide or arrange for representation for the employee;
    (iv) Any Department employee in his or her individual capacity 
where the Department requests representation for or has agreed to 
represent the employee; or
    (v) The United States where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the DOJ. If the Department determines that 
disclosure of certain records to the DOJ is relevant and necessary to 
litigation or ADR, the Department may disclose those records as a 
routine use to the DOJ.
    (c) Adjudicative Disclosures. If the Department determines that 
disclosure of certain records to an adjudicative body before which the 
Department is authorized to appear, or a person or entity designated by 
the Department or otherwise empowered to resolve or mediate disputes, 
is relevant and necessary to litigation or ADR, the Department may 
disclose those records as a routine use to the adjudicative body, 
person or entity.
    (d) Parties, Counsels, Representatives, and Witnesses. If the 
Department determines that disclosure of certain records to a party, 
counsel, representative, or witness is relevant and necessary to 
litigation or ADR, the Department may disclose those records as a 
routine use to the party, counsel, representative, or witness.
    (7) Employment, Benefit, and Contracting Disclosure.
    (a) For Decisions by the Department. The Department may disclose a 
record to a Federal, State, or local agency maintaining civil, 
criminal, or other relevant enforcement or other pertinent records, or 
to another public authority or professional organization, if necessary 
to obtain information relevant to a Department decision concerning the 
hiring or retention of an employee or other personnel action, the 
issuance of a security clearance, the letting of a contract, or the 
issuance of a license, grant, or other benefit.
    (b) For Decisions by Other Public Agencies and Professional 
Organizations. The Department may disclose a record to a Federal, 
State, local, or foreign agency or other public authority or 
professional organization, in connection with the hiring or retention 
of an employee or other personnel action, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit, to the extent that the record is relevant and necessary to the 
receiving entity's decision on the matter.
    (8) Employee Grievance, Complaint, or Conduct Disclosure. The 
Department may disclose a record in this system of records to another 
agency of the Federal Government if the record is relevant to one of 
the following proceedings regarding a present or former employee of the 
Department: a complaint, a grievance, or a disciplinary or competency 
determination proceeding. The disclosure may only be made during the 
course of the proceeding.
    (9) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records to DOJ or the Office of 
Management and Budget (OMB) if the Department concludes that disclosure 
is desirable or necessary in determining whether particular records are 
required to be disclosed under the FOIA or the Privacy Act.
    (10) Disclosure to the Department of Justice. 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 program covered by this system.
    (11) Congressional Member Disclosure. The Department may disclose 
records to a member of Congress from the record of an individual in 
response to an inquiry from the member made at the written request of 
that individual. The member's right to the information is no greater 
than the right of the individual who requested it.
    (12) 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 a contractor, the 
Department may disclose the records to those employees. As part of such 
a contract, the Department shall require the contractor to agree to 
maintain safeguards to protect the security and confidentiality of the 
records in the system.
    (13) Disclosure in the Course of Responding to a Breach of Data. 
The Department may disclose records from this system to appropriate 
agencies, entities, and persons when: (1) The Department suspects or 
has confirmed that there has been a breach of the system of records; 
(2) the Department has determined that as a result of the suspected or 
confirmed breach, there is a risk of harm to individuals, the 
Department (including its information systems, programs, and 
operation), the Federal Government, or national security; and (3) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with the Department's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    (14) Disclosure in Assisting another Agency in Responding to a 
Breach of Data. The Department may disclose records from this system to 
another Federal agency or Federal entity, when the Department 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    (15) Labor Organization Disclosure. The Department may disclose 
records from this system of records to an arbitrator to resolve 
disputes under a negotiated grievance procedure or to officials of 
labor organizations recognized under 5 U.S.C. chapter 71 when relevant 
and necessary to their duties of exclusive representation.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in hard copy in locked file cabinets and 
electronically on the SharePoint platform, which runs on the 
Department's network (EDUCATE).

[[Page 7025]]

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by the name of the individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All documents will be retained in accordance with the ED Records 
Schedule 235: Student Loan Repayment Benefit Case Files. Non-disputed 
service agreements--Temporary. Destroy/delete 3 years after date of 
approval or upon completion of service agreement, or allowance, 
whichever is later. Disputed service agreements--Temporary. Destroy/
delete 6 years and 3 months after the dispute has been resolved, 
service agreement completed, or repayment, whichever is later. 
Disapproved requests--Temporary. Cut off after requested benefits are 
denied. Destroy/delete 3 years after cut off.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All physical access to the building where this system of records is 
maintained is controlled and monitored by security personnel who check 
each individual entering the building for an employee or visitor badge. 
Hard copy records are stored in locked metal filing cabinets, with 
access limited to personnel whose duties require access. Electronic 
records are stored on the SharePoint network, which runs on the 
Department's network (EDUCATE). The network complies with the security 
controls and procedures described in the Federal Information Security 
Management Act (FISMA), National Institute of Standards and Technology 
(NIST) Special Publications, and Federal Information Processing 
Standards (FIPS). Some specific security controls in place include:
    Operating systems and infrastructure devices are hardened in 
accordance with NIST and Department guidance.
    Intrusion Detection Systems are deployed at the Intranet and 
internet edges and are actively monitored by the Security Operations 
Center (SOC).
    Vulnerability scans are conducted periodically to ensure supporting 
systems, and all applications are at the highest state of security and 
are patched accordingly.
    This security system limits data access to Department and contract 
staff on a ``need to know'' basis, and controls individual users' 
ability to access and modify records within the system. Personal 
computers used to access the electronic records are password-protected, 
and passwords are changed periodically throughout the year.

RECORD ACCESS PROCEDURES:
    If you wish to request access to your records, you should contact 
the system manager at the address listed above. You must provide 
necessary particulars such as your name, name of organization, subject 
matter, and any other identifying information requested by the 
Department while processing the request, to distinguish between 
individuals with the same name. You must comply with the Department's 
Privacy Act regulations at 34 CFR 5b.5, including proof of identity.

CONTESTING RECORD PROCEDURES:
    If you wish to request an amendment to your records, you should 
contact the system manager at the address listed above. Your request 
must meet the requirements of the Department's Privacy Act regulations 
at 34 CFR 5b.7.

NOTIFICATION PROCEDURES:
    If you wish to inquire whether a record exists regarding you in 
this system, you should contact the system manager at the address 
listed above. You must provide necessary particulars such as your name, 
name of organization, subject matter, and any other identifying 
information requested by the Department while processing the request, 
to distinguish between individuals with the same name. Your request 
must meet the requirements of the Department's Privacy Act regulations 
at 34 CFR 5b.5, including proof of identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The System of Records entitled ``Student Loan Repayments Benefits 
Case Files'' (18-05-15) was first published in the Federal Register on 
May 29, 2002 at 67 FR 37411-37414. The Department published a Notice of 
an altered system of records in the Federal Register on December 23, 
2016 at 81 FR 94353-94356.

[FR Doc. 2018-03254 Filed 2-15-18; 8:45 am]
BILLING CODE 4000-01-P