Privacy Act of 1974; System of Records, 13263-13266 [2018-06280]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13263-13266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06280]



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DEPARTMENT OF EDUCATION

[Docket ID ED-2017-OPE-0080]


Privacy Act of 1974; System of Records

AGENCY: Office of Postsecondary Education, 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), the Department of Education (the Department) publishes 
this notice of a modified system of records entitled ``Title VI 
International Research and Studies Program (IRS)'' (18-12-04). IRS 
contains individually identifiable information provided by individuals 
to determine qualifications and eligibility for award benefits and to 
monitor achievements of award recipients. This information is used to 
demonstrate the effectiveness of the IRS.

DATES: Submit your comments on this modified system of records on or 
before April 27, 2018.
    This modified system of records will become applicable upon 
publication in the Federal Register on March 28, 2018, unless the 
modified system of records notice needs to be changed as a result of 
public comment. Modified routine uses (3), (5), (6), (7), (9), and (10) 
and newly proposed routine uses (13) and (14) in the paragraph entitled 
``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING 
CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will become applicable 
on April 27, 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: Senior Director, International Foreign Language 
Education (IFLE), Office of Postsecondary Education, U.S. Department of 
Education, 400 Maryland Ave. SW, Washington, DC 20202.
    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 
accommodation or auxiliary 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 
accommodation or auxiliary aid, please contact the person listed under 
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Cheryl Gibbs, Division Director of 
Advanced Training and Research Division International Foreign Language 
Education (IFLE), Office of Postsecondary Education. Telephone: (202) 
453-5690.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you may call the Federal Relay Service (FRS) at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION: 
    Introduction: The Title VI International Research and Studies 
Program (18-12-04) system of records was last published in the Federal 
Register on June 4, 1999 (64 FR 30179). The Department proposes to 
update the system location, manager, and address to reflect the 
creation of the IFLE office that administers grant and fellowship 
programs such as IRS. The Department also proposes to update how the 
information is stored and safeguarded utilizing updated security 
hardware and software, including multiple firewalls, active intruder 
detection, and role-based access controls. The Department also proposes 
to update the record source categories and how the records are 
retrieved as well as to modify the section entitled ``Policies and 
Practices for Retention and Disposal of Records'' to reflect updated, 
current disposition instructions covering records in this system.
    The Department proposes to update, but not to significantly change, 
routine use, (3) ``Litigation and Alternative Dispute Resolution 
Disclosure,'' (5) ``Employee Grievance, Complaint, or Conduct 
Disclosure,'' (6) ``Labor Organization Disclosure,'' (7) ``Freedom of 
Information Act and Privacy Act Advice Disclosure,'' (9) ``Contract 
Disclosure,'' and (10) ``Research Disclosure.'' The Department also 
proposes to add to this system of records notice two new routine uses. 
Routine use (14) entitled ``Disclosure in the Course of Responding to a 
Breach of Data'' and (15) entitled ``Disclosure in Assisting another 
Agency in Responding to a Breach of Data.'' These will allow the 
Department to disclose records in this system in order to assist in 
responding to a suspected or confirmed breach of this system's, the 
Department's, or another Federal agency's or entity's data.
    The Department is also proposing to update the record access 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.

    Dated: March 23, 2018.
Frank T. Brogan,
Principal Deputy Assistant Secretary and Delegated the duties of the 
Assistant Secretary, Office of Planning, Evaluation and Policy 
Development, Delegated the duties of the Assistant Secretary, Office of 
Postsecondary Education.

    For the reasons discussed in the preamble, the Acting Assistant 
Secretary for the Office of Postsecondary Education, U.S. Department of

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Education (Department), publishes a notice of a modified system of 
records to read as follows:
SYSTEM NAME AND NUMBER
    Title VI International Research and Studies Program (IRS) (18-12-
04).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    International Foreign Language Education (IFLE), Office of 
Postsecondary Education, U.S. Department of Education, 400 Maryland 
Ave. SW, Washington, DC 20202.

SYSTEM MANAGER(S):
    Senior Director, IFLE, Office of Postsecondary Education, U.S. 
Department of Education, 400 Maryland Avenue SW, Washington, DC 20202.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Higher Education Act of 1965, as amended, part A, title VI, 
section 605(a).

PURPOSE(S) OF THE SYSTEM:
    The IRS awards discretionary grants to institutions, organizations, 
and individuals to conduct research, surveys, studies, and to develop 
instructional materials, including foreign language materials, to 
improve and strengthen instruction in modern foreign languages, study 
areas, and other international fields within the U.S. educational 
system. The information contained in this system of records is used for 
the following purposes: (1) To determine the qualifications and 
eligibility of the project directors and competitiveness of and need 
for the projects and to award benefits; (2) to monitor the progress of 
the projects, including their accomplishments; and (3) to demonstrate 
the program's effectiveness.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system contains records on individual project directors who 
have applied to be or who have been selected to be recipients of IRS 
awards.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The IRS system consists of a variety of records relating to an 
individual's application(s) for, and participation in, the IRS. In 
addition to the individual's name, the system contains the 
participant's address, telephone number, educational institution, 
citizenship, Social Security number, institutional or individual Data 
Universal Numbering System (DUNS) number, educational and employment 
background, salary, research or instructional materials, project 
description, project costs, field reader comments, award documents, and 
final project reports.

RECORD SOURCE CATEGORIES:
    Information is obtained from the individuals and institutions on 
approved application forms, from field readers, 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) Field Reader Disclosure. The Department may disclose 
information to field readers (also referred to as peer reviewers) in 
order to determine the qualification and eligibility of the project 
director and the competitiveness of and need for the project, and to 
award benefits.
    (2) Enforcement Disclosure. In the event that information in this 
system of records indicates, either on its face or in connection with 
other information, a violation or potential violation of any applicable 
statute, regulation, or order of a competent authority, the Department 
may disclose the relevant information to the appropriate agency, 
whether foreign, Federal, State, Tribal, or local, charged with the 
responsibility of investigating or prosecuting that violation or 
charged with enforcing or implementing the statute, Executive order, 
rule, regulation, or order issued pursuant thereto.
    (3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (a) Introduction. In the event that one of the parties listed in 
sub-paragraphs (i) through (v) is involved in judicial or 
administrative litigation or ADR, or has an interest in judicial or 
administrative 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 of its components.
    (ii) Any Department employee in his or her official capacity.
    (iii) Any Department employee in his or her individual capacity if 
the U.S. Department of Justice (DOJ) has been requested to or has 
agreed 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.
    (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 DOJ. If the Department determines that disclosure 
of certain records to DOJ is relevant and necessary to the litigation 
or ADR, the Department may disclose those records as a routine use to 
DOJ.
    (c) Adjudicative Disclosure. 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 a person, 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, person, or entity.
    (d) Disclosure to Parties, Counsels, Representatives, or Witnesses. 
If the Department determines that disclosure of certain records to a 
party, counsel, representative, or witness is relevant and necessary to 
the litigation or ADR, the Department may disclose those records as a 
routine use to the party, counsel, representative, or witness.
    (4) Employment, Benefit, and Contracting Disclosure.
    (a) For Decisions by the Department. The Department may disclose a 
record to a Federal, State, or local agency maintaining civil, 
criminal, or other relevant enforcement or other pertinent records, or 
to another public authority or professional organization, if necessary 
to obtain information relevant to a Department decision concerning the 
hiring or retention of an employee or other personnel action, the 
issuance of 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

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license, grant, or other benefit, to the extent that the record is 
relevant and necessary to the receiving entity's decision on the 
matter.
    (5) Employee Grievance, Complaint, or Conduct Disclosure. If a 
record is relevant and necessary to an employee grievance, complaint, 
or disciplinary action involving a present or former employee of the 
Department, the Department may disclose a record from this system of 
records in the course of investigation, fact-finding, or adjudication, 
to any party to the grievance, complaint or action; to the party's 
counsel or representative; to a witness; or to a designated fact-
finder, mediator, or other person designated to resolve issues or 
decide the matter.
    (6) Labor Organization Disclosure. The Department may disclose 
records from this system of records to an arbitrator to resolve 
disputes under a negotiated grievance process or to officials of a 
labor organization recognized under 5 U.S.C. chapter 71 when relevant 
and necessary to their duties of exclusive representation.
    (7) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records to 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.
    (8) Disclosure to DOJ. The Department may disclose records to DOJ 
to the extent necessary for obtaining DOJ advice on any matter relevant 
to an audit, inspection, or other inquiry related to the programs 
covered by this system.
    (9) Contract Disclosure. If the Department contracts with an entity 
for the purposes of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records to those employees. 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.
    (10) Research Disclosure. The Department may disclose records to a 
researcher if an appropriate official of the Department determines that 
the individual or organization to which the disclosure would be made is 
qualified to carry out specific research related to functions or 
purposes of this system of records. The researcher must agree to 
maintain safeguards to protect the security and confidentiality with 
respect to the disclosed records.
    (11) Congressional Member Disclosure. The Department may disclose 
the records of an individual to a member of Congress or the member's 
staff 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 the inquiry.
    (12) Disclosure to OMB for Credit Reform Act (CRA). The Department 
may disclose records to OMB as necessary to fulfill CRA requirements in 
accordance with 2 U.S.C. 661b.
    (13) Disclosure in the Course of Responding to a Breach of Data. 
The Department may disclose records 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 operations), 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 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures pursuant to 5 U.S.C. 522a(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, 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 subsection 31 U.S.C. 3711(e). A consumer 
reporting agency to which these disclosures may be made is defined at 
31 U.S.C. 3701(a)(3).

POLICIES AND PRACTICES FOR STORAGE OR RECORDS:
    Records are maintained electronically in a computer database and on 
a web-based portal maintained by the Department.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by individual's grant number; however records 
are retrievable via all data elements in the system.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained and disposed of in accordance with the 
National Archives and Records Administration's General Records Schedule 
(GRS) 1.2 (Grant and Cooperative Agreement Records), Items 020 (DAA-
GRS-2013-0008-0001) and 021 (DAA-GRS-2013-0008-0006). Records of 
successful applications shall be destroyed 10 years after final action 
is taken on the applicable file, but longer retention is authorized if 
required for business use. Records of unsuccessful applications shall 
be destroyed 3 years after final action is taken on the applicable 
file, but longer retention is authorized if required for business use.

ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
    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. The computer system offers a 
high degree of resistance to tampering and circumvention. 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 
alter records within the system.

RECORD ACCESS PROCEDURES:
    If you wish to request access to your records, you must contact the 
system manager at the address listed under SYSTEM MANAGER(S). You must 
provide necessary particulars, such as your full name, date of birth, 
Social Security number, the year of the award, the name of the grantee 
institution, major country in which you conducted your educational 
activity, and any other identifying information requested by the 
Department while processing the request, to distinguish between 
individuals with the same name. Your

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request must meet the requirements of regulations in 34 CFR 5b.5, 
including proof of identity.

CONTESTING RECORD PROCEDURES:
    If you wish to contest the content of a record regarding you in the 
system of records, you must contact the system manager at the address 
listed under SYSTEM MANAGER(S). Your request must meet the requirements 
of the regulations in 34 CFR 5b.7.

NOTIFICATION PROCEDURES:
    If you wish to inquire whether a record exists regarding you in 
this system, you must contact the system manager at the address listed 
under SYSTEM MANAGER(S). You must provide necessary particulars, such 
as your name, date of birth, Social Security number, the year of the 
award, the name of the grantee institution, major country in which you 
conducted your educational activity, 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 ``Title VI International Research 
and Studies Program (IRS)'' (18-12-04) was last published in the 
Federal Register on June 4, 1999 (64 FR 30179).

[FR Doc. 2018-06280 Filed 3-27-18; 8:45 am]
BILLING CODE 4000-01-P