Privacy Act of 1974; System of Records, 45912-45916 [2018-19688]

Download as PDF 45912 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices Dated: September 6, 2018. James F. Manning, Acting Chief Operating Officer, Federal Student Aid. [FR Doc. 2018–19738 Filed 9–10–18; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION [Docket ID ED–2018–FSA–0031] Privacy Act of 1974; System of Records Federal Student Aid, Department of Education. ACTION: Notice of a New System of Records and Rescindment of a System of Records. AGENCY: In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this new notice of a system of records entitled ‘‘Postsecondary Education Participants System (PEPS)’’ (18–11–09) and a rescinded system of records entitled ‘‘Integrated Partner Management (IPM) system’’ (18–11–21). The Department is rescinding the IPM system because the Department did not implement it and will continue using the PEPS system of records. DATES: Submit your comments on the proposed new PEPS system of records notice and rescinded IPM system of records notice on or before October 11, 2018. The re-issuance of the PEPS and the rescission of the IPM systems of records notices will become applicable upon publication in the Federal Register on September 11, 2018, unless changes are made to the systems of records notices as a result of public comment. The routine uses listed under ‘‘ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES’’ for the new system of records will become applicable on October 11, 2018, unless the new system of records notice needs to be revised as a result of public comment. The Department will publish any changes to the systems of records notices or routine uses that result 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 daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 include the Docket ID and 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 either system of records, address them to: Director, Postsecondary Education Participants System, Office of Student Financial Assistance Programs, U.S. Department of Education, 830 First Street NE, Room 112G1, 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 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 aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Director, Postsecondary Education Participants System, Office of Student Financial Assistance Programs, U.S. Department of Education, 830 First Street NE, Room 112G1, Washington, DC 20202. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), you may call the Federal Relay Service, toll free, at 1– 800–877–8339. SUPPLEMENTARY INFORMATION: The PEPS enables the Department of Education effectively to administer the approval, periodic review, and oversight of postsecondary educational institutions that participate in the student aid programs under title IV of the Higher Education Act of 1965, as amended (HEA). A postsecondary educational institution must be accredited by an accrediting agency recognized by the Department for that purpose, and the institution must also be authorized by the State in which it is located to be PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 eligible for programs under title IV of the HEA. An eligible postsecondary institution must be approved by the Department for participation in programs under title IV of the HEA. Postsecondary educational institutions submit an application through the internet for participation in programs authorized under title IV of the HEA. PEPS is the back-end repository where the data provided by those institutions resides and can be accessed by Department staff to confirm compliance with title IV of the HEA. Any authorized user can perform an ad hoc data extract from PEPS, and the PEPS staff provides tailored extracts to users on request. A limited number of scheduled extracts and uploads are run on a routine basis. These are fixed files, and no changes are made on either side without written approval/notice on both sides. The PEPS system of records notice was last published in full in the Federal Register on June 4, 1999 (64 FR 30106, 30171–30173), and amended on December 27, 1999 (64 FR 72384, 72405). This system of records notice was rescinded on August 8, 2017 (82 FR 37089), with plans for the PEPS functions and records to be integrated into a new system of records entitled ‘‘Integrated Partner Management (IPM) system.’’ The Department subsequently determined not to bring the IPM system of records into service, and, as a result, PEPS was kept in service. The new PEPS system of records notice is being republished in full in accordance with the Privacy Act with modifications being made to system of records notices from the last publications in 1999. The IPM system of records notice is being rescinded. The Department is modifying the section of the PEPS notice entitled ‘‘SECURITY CLASSIFICATION’’ to add that the system is unclassified and the section of the PEPS notice entitled ‘‘SYSTEM LOCATION’’ to reflect the current addresses where the system is located. The Department is modifying the section entitled ‘‘SYSTEM MANAGER(S)’’ to reflect the current location of the Office of Student Financial Assistance Programs in Federal Student Aid. The Department is modifying the section of the notice entitled ‘‘RECORD SOURCE CATEGORIES’’ to include that the system may obtain records from other persons or entities from which data is obtained under the section entitled ‘‘ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES.’’ E:\FR\FM\11SEN1.SGM 11SEN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices The Department is modifying routine use (3) entitled ‘‘Litigation and Alternative Dispute Resolution (ADR) Disclosure’’ to indicate that the Department may make disclosures under this routine use when the Department requests representation from the Department of Justice for an employee of the Department who is being sued in his or her individual capacity as well as to change ‘‘an individual’’ to ‘‘a person’’ who has been designated by the Department or otherwise empowered to resolve or mediate disputes in order to avoid confusion because the word ‘‘individual’’ is a defined term under the Privacy Act. The Department is also modifying routine uses (5) entitled ‘‘Employee Grievance, Complaint, or Conduct Disclosure’’ and (6) ‘‘Labor Organization Disclosure’’ to clarify and promote the standardization of the language used in this routine use with that used in the Department’s other systems of records notices. The Department is also modifying routine use (7) entitled ‘‘Freedom of Information Act (FOIA) or Privacy Act Advice Disclosure’’ to permit the Department to obtain counsel necessary to ensure that individual privacy rights are protected under the Privacy Act. The Department is also modifying routine use (9) entitled ‘‘Contract Disclosure’’ and routine use (10) entitled ‘‘Research Disclosure’’ to remove language that respectively referenced safeguard requirements under subsection (m) of the Privacy Act and Privacy Act safeguards. The Department is revising the language in these routine uses to clarify that contractors and researchers to whom disclosures are made under these routine uses will be required to agree to safeguards to protect the security and confidentiality of the records in the system. The Department is also revising routine use (9) to clarify that these safeguards will be entered into ‘‘as part of such a contract,’’ rather than ‘‘before entering into such a contract.’’ The Department is further modifying routine use (12) ‘‘Disclosure to the Office of Management and Budget or the Congressional Budget Office (CBO) for Credit Reform Act (CRA) Support’’ to add that the Department may disclose records to the CBO as necessary to fulfill CRA requirements and to clarify that any disclosure must be in accordance with 2 U.S.C. 661b. Pursuant to the requirements in Office of Management and Budget (OMB) M– 17–12, the Department is adding the routine use (13) entitled ‘‘Disclosure in the Course of Responding to a Breach of VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 Data’’ and routine use (14) entitled ‘‘Disclosure in Assisting another Agency in Responding to a Breach of Data.’’ The Department is updating the section entitled ‘‘POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS’’ to reflect the current Department records retention and disposition schedule covering records in this system. The Department is also updating the section entitled ‘‘ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS’’ to include two-factor authentication, firewalls, encryption, and password protection as additional safeguards. The Department is modifying the sections entitled ‘‘RECORD ACCESS PROCEDURES,’’ ‘‘CONTESTING RECORDS PROCEDURES,’’ and ‘‘NOTIFICATION PROCEDURES’’ to specify the required information that an individual must provide when making a request for access to or notification of a record or to contest the content of a record in the system. Finally, pursuant to the requirements of OMB Circular No. A–108, the Department is adding a new section entitled ‘‘HISTORY.’’ 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 program contact person listed under FOR FURTHER INFORMATION CONTACT. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations 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: September 6, 2018. James F. Manning, Acting Chief Operating Officer, Federal Student Aid. For the reasons discussed in the preamble, the Acting Chief Operating Officer, Federal Student Aid of the U.S. Department of Education (Department) PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 45913 publishes a notice of a new and a rescinded system of records to read as follows: RESCINDED SYSTEM NAME AND NUMBER Integrated Partner Management (IPM) system (18–11–21). HISTORY: The Integrated Partner Management system of records notice was published in the Federal Register on August 8, 2017 (82 FR 37089–37094). NEW SYSTEM NAME AND NUMBER: Postsecondary Education Participants System (PEPS) (18–11–09). SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION: Plano Technology Center, 2300 West Plano Parkway, Plano, Texas, 75075– 8427; Federal Student Aid, U.S. Department of Education, 830 First Street NE, Room 41I1, Washington, DC 20202. See the Appendix at the end of this system of records notice for additional system locations. SYSTEM MANAGER(S): Director, Postsecondary Education Participants System, Office of Student Financial Assistance Programs, U.S. Department of Education (Department), 830 First Street NE, Room 112G1, Washington, DC 20202. Telephone: (202) 377–3202. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Sections 481, 487, 498 of the Higher Education Act of 1965, as amended (HEA), (20 U.S.C. 1088, 1094, 1099c); Section 31001(i)(1) of the Debt Collection Improvement Act of 1996, Public Law 104–134 (31 U.S.C. 7701). PURPOSE(S) OF THE SYSTEM: The information maintained in the PEPS is used for the purposes of determining the initial and continuing eligibility of and the administrative capability and financial responsibility of postsecondary educational institutions that participate in the student financial assistance programs authorized under title IV of the HEA, tracking school changes and maintaining a history of information regarding postsecondary educational institutions that have previously applied to participate or participated in these programs, and documenting any need for any protective or corrective action against a postsecondary educational institution or individual associated with that institution. E:\FR\FM\11SEN1.SGM 11SEN1 45914 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The PEPS maintains records about individuals who are owners of postsecondary educational institutions (either individually, as partners, or owners of the corporate entities that own those institutions); officials or authorized agents for those institutions; members of boards of directors or trustees of such institutions; employees of foreign entities that evaluate the quality of education; and individuals from third-party servicers that work with postsecondary educational institutions, including contact persons. CATEGORIES OF RECORDS IN THE SYSTEM: The PEPS maintains information regarding the eligibility, administrative capability, and financial responsibility of postsecondary educational institutions that participate in the student financial aid programs authorized under title IV of the HEA, including the names, Taxpayer Identification Numbers (generally Social Security numbers (SSNs)), business addresses, phone numbers of the individuals with substantial ownership interests in, or control over, those institutions, and personal identification numbers assigned by the Department. RECORD SOURCE CATEGORIES: Information is obtained from applications submitted by postsecondary educational institutions and their owners who seek approval for such an institution to participate or continue participating under new ownership in the student financial assistance programs authorized under title IV of the HEA, from components of the Department, from other Federal, State and non-governmental agencies and organizations that acquire information relevant to the purposes of the PEPS. Information may also be obtained from other persons or entities from which data is obtained under routine uses set forth below. daltland on DSKBBV9HB2PROD with NOTICES 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. VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 (1) Program Purposes. The Department may disclose information contained in the PEPS to appropriate guaranty agencies, educational and financial institutions, accrediting agencies, and appropriate Federal, State, or local agencies, in order to verify and assist with the determination of eligibility, administrative capability, and financial responsibility of postsecondary educational institutions that have applied to participate in the student financial assistance programs authorized under title IV of the HEA. (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 records in the PEPS, as a routine use, to the appropriate agency, whether foreign, Federal, State, Tribal, or local, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or executive order or rule, regulation, or order issued pursuant thereto. (3) Litigation and Alternative Dispute Resolution (ADR) Disclosure. (a) Introduction. In the event that one of the parties listed below in subsections (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 PEPS 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 of Education, or any component of the Department; (ii) Any Department employee in his or her official capacity; (iii) Any employee of the Department in his or her individual capacity where the Department of Justice (DOJ) has been requested to or has agreed to provide or arrange for representation for the employee; (iv) Any employee of the Department in his or her individual capacity where the agency has agreed to represent the employee; or (v) The United States, where the Department determines that the litigation is likely to affect the Department or any of its components. (b) Disclosure to the Department of Justice. If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the DOJ. PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 (c) Adjudicative Disclosure. If the Department determines that disclosure of certain records to an adjudicative body before which the Department is authorized to appear, or to a person or entity designated by the Department or otherwise empowered to resolve or mediate disputes, is relevant and necessary to the judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to that adjudicative body, person, or entity. (d) Disclosure to Parties, Counsel, Representatives, and Witnesses. If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the judicial or administrative 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 records 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 records 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 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. (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. E:\FR\FM\11SEN1.SGM 11SEN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices (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) or Privacy Act Advice Disclosure. The Department may disclose records to the DOJ or the Office of Management and Budget (OMB) if the Department seeks advice regarding whether records maintained in this system of records are required to be disclosed under the FOIA or Privacy Act. (8) 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. (9) Contract Disclosure. If the Department contracts with an entity for the purpose of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records 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 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 agree to maintain safeguards to protect the security and confidentiality of the disclosed records. (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) Disclosure to the Office of Management and Budget or the Congressional Budget Office (CBO) for Credit Reform Act (CRA) Support. The VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 Department may disclose records to the OMB or the CBO 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 (a) the Department suspects or has confirmed that there has been a breach of the system of records; (b) 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, program, and operation), the Federal Government, or national security; and (c) 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 (a) responding to a suspected or confirmed breach or (b) 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. POLICIES AND PRACTICES FOR STORAGE OF RECORDS: The records are maintained on electronic data files on a server. POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: The records are indexed by the name of the institution or organization, and may be retrieved by the OPEID of postsecondary educational institution, EIN (Entity Identification Number) of the postsecondary educational institution or entity; or the name or the Taxpayer Identification Number (generally the Social Security number) of the individual. POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: Records are maintained and disposed of in accordance with the Department Records Schedule 074: FSA Guaranty Agency, Financial and Education Institution Eligibility, Compliance, Monitoring and Oversight Records (N1– 441–09–15). Records are destroyed/ PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 45915 deleted 30 years after cut off. Cut off occurs at the end of the fiscal year when final action is completed. ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: All physical access to the Department of Education sites, and the site of Department contractor 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 employed by the Department offers a high degree of resistance to tampering and circumvention with firewalls, encryption, and password protection. This security system limits data access to staff of the Department, guarantors, accrediting agencies, State agencies, and Department contractors on a ‘‘need-toknow’’ basis, and controls individual users’ ability to access and alter records within the system. All users of this system of records are given a unique user ID with personal identifiers. All interactions by individual users with the system are recorded. Access to the system requires two-factor authentication. RECORD ACCESS PROCEDURES: If you wish to gain access to any record in the system of records, you must contact the system manager at the address listed above. You must provide the necessary particulars of your name, SSN, and any other identifying information requested by the Department, while processing the request, to distinguish between individuals with the same name. Such requests must meet the requirements of 34 CFR 5b.5. CONTESTING RECORD PROCEDURES: If you wish to contest the content of a record in the system pertaining to you, you must contact the system manager at the address listed above. The request to amend must be made in writing and addressed to the system manager at the address provided above with the necessary particulars of your name, SSN, and any other identifying information requested by the Department, while processing the request, to distinguish between individuals with the same name. The request must identify the particular record within the PEPS that you wish to have changed, state whether you wish to have the record amended, corrected, or deleted, and explain the reasons why you wish to have the record changed. Requests to amend a record must meet E:\FR\FM\11SEN1.SGM 11SEN1 45916 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7. NOTIFICATION PROCEDURES: If you wish to determine whether a record exists regarding you in the system, you must contact the system manager at the address listed above. You must provide the necessary particulars of your name, SSN, 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 regulations at 34 CFR 5b.5, including proof of identity. EXEMPTIONS PROMULGATED FOR THE SYSTEM: None. HISTORY: The system of records was published in the Federal Register on June 4, 1999 (64 FR 30106, 30171–30173), and amended on December 27, 1999 (64 FR 72384, 72405). This system of records was rescinded on August 8, 2017 (82 FR 37089–37094). Appendix to 18–11–09 ADDITIONAL SYSTEM LOCATIONS: Boston Office, 5 Post Office Square, Boston, MA 02109. New York Office, 32 Old Slip, New York, NY 10005. Philadelphia Office, The Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107. Chicago Office, Citigroup Center, 500 W Madison Street Chicago, IL 60661. Atlanta Office, 61 Forsyth Street SW, Atlanta, GA 30303. Dallas Office, 1999 Bryan Street, Dallas, TX 75201. Kansas City Office, 1010 Walnut Street, Kansas City, MO 64106. Denver Office, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Denver, CO 80204. San Francisco Office, 50 Beale Street, San Francisco, CA 94105. Seattle Office, 915 Second Avenue, Seattle, WA 98174. U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202. [FR Doc. 2018–19688 Filed 9–10–18; 8:45 am] BILLING CODE 4000–01–P daltland on DSKBBV9HB2PROD with NOTICES DEPARTMENT OF EDUCATION [Docket No. ED–2018–ICCD–0093] Agency Information Collection Activities; Comment Request; EComplaint Form(FERPA) and PPRA EComplaint Form Office of Management (OM), Department of Education (ED). AGENCY: VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 ACTION: Notice. In accordance with the Paperwork Reduction Act of 1995, ED is proposing a revision of an existing information collection. DATES: Interested persons are invited to submit comments on or before November 13, 2018. ADDRESSES: To access and review all the documents related to the information collection listed in this notice, please use https://www.regulations.gov by searching the Docket ID number ED– 2018–ICCD–0093. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at https:// 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, 550 12th Street SW, PCP, Room 9089, Washington, DC 20202–0023. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Angela Arrington, (202)260–8915. 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 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 SUMMARY: PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: E-Complaint Form(FERPA) and PPRA E-Complaint Form. OMB Control Number: 1880–0544. Type of Review: A revision of an existing information collection. Respondents/Affected Public: Individuals or Households. Total Estimated Number of Annual Responses: 500. Total Estimated Number of Annual Burden Hours: 500. Abstract: The Family Policy Compliance Office (FPCO) reviews, investigates, and processes complaints of alleged violations of the Family Education Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA) filed by parents and eligible students. FPCO’s authority to investigate, review, and process complaints extends to allegations of violations of FERPA by any recipient of United States Department of Education (Department) funds under a program administered by the Secretary (e.g., schools, school districts, postsecondary institutions, state educational agencies, and other third parties that receive Department funds). This revision includes the addition of the PPRA Complaint form that would allow parents to file a complaint. The Department expects to receive more than 10 complaints under the PPRA requiring approval. Dated: September 5, 2018. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management. [FR Doc. 2018–19672 Filed 9–10–18; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Proposed Distribution of Residual Citronelle Settlement Agreement Funds Office of Hearings and Appeals, Department of Energy. ACTION: Notice of implementation of special refund procedures. AGENCY: The Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) announces the procedures for the disbursement of residual funds (totaling approximately $59,000) remaining in various Citronelle Settlement Agreement escrow accounts to the parties to the Agreement. SUMMARY: E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45912-45916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19688]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2018-FSA-0031]


Privacy Act of 1974; System of Records

AGENCY: Federal Student Aid, Department of Education.

ACTION: Notice of a New System of Records and Rescindment of a System 
of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (Department) publishes this 
new notice of a system of records entitled ``Postsecondary Education 
Participants System (PEPS)'' (18-11-09) and a rescinded system of 
records entitled ``Integrated Partner Management (IPM) system'' (18-11-
21). The Department is rescinding the IPM system because the Department 
did not implement it and will continue using the PEPS system of 
records.

DATES: Submit your comments on the proposed new PEPS system of records 
notice and rescinded IPM system of records notice on or before October 
11, 2018.
    The re-issuance of the PEPS and the rescission of the IPM systems 
of records notices will become applicable upon publication in the 
Federal Register on September 11, 2018, unless changes are made to the 
systems of records notices as a result of public comment. The routine 
uses listed under ``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, 
INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' for the new 
system of records will become applicable on October 11, 2018, unless 
the new system of records notice needs to be revised as a result of 
public comment. The Department will publish any changes to the systems 
of records notices or routine uses that result 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 and 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 either system of records, address 
them to: Director, Postsecondary Education Participants System, Office 
of Student Financial Assistance Programs, U.S. Department of Education, 
830 First Street NE, Room 112G1, 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 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 aid, please contact the 
person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Director, Postsecondary Education 
Participants System, Office of Student Financial Assistance Programs, 
U.S. Department of Education, 830 First Street NE, Room 112G1, 
Washington, DC 20202.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you may call the Federal Relay Service, toll free, at 
1-800-877-8339.

SUPPLEMENTARY INFORMATION: The PEPS enables the Department of Education 
effectively to administer the approval, periodic review, and oversight 
of postsecondary educational institutions that participate in the 
student aid programs under title IV of the Higher Education Act of 
1965, as amended (HEA). A postsecondary educational institution must be 
accredited by an accrediting agency recognized by the Department for 
that purpose, and the institution must also be authorized by the State 
in which it is located to be eligible for programs under title IV of 
the HEA. An eligible postsecondary institution must be approved by the 
Department for participation in programs under title IV of the HEA.
    Postsecondary educational institutions submit an application 
through the internet for participation in programs authorized under 
title IV of the HEA. PEPS is the back-end repository where the data 
provided by those institutions resides and can be accessed by 
Department staff to confirm compliance with title IV of the HEA. Any 
authorized user can perform an ad hoc data extract from PEPS, and the 
PEPS staff provides tailored extracts to users on request. A limited 
number of scheduled extracts and uploads are run on a routine basis. 
These are fixed files, and no changes are made on either side without 
written approval/notice on both sides.
    The PEPS system of records notice was last published in full in the 
Federal Register on June 4, 1999 (64 FR 30106, 30171-30173), and 
amended on December 27, 1999 (64 FR 72384, 72405). This system of 
records notice was rescinded on August 8, 2017 (82 FR 37089), with 
plans for the PEPS functions and records to be integrated into a new 
system of records entitled ``Integrated Partner Management (IPM) 
system.'' The Department subsequently determined not to bring the IPM 
system of records into service, and, as a result, PEPS was kept in 
service. The new PEPS system of records notice is being republished in 
full in accordance with the Privacy Act with modifications being made 
to system of records notices from the last publications in 1999. The 
IPM system of records notice is being rescinded.
    The Department is modifying the section of the PEPS notice entitled 
``SECURITY CLASSIFICATION'' to add that the system is unclassified and 
the section of the PEPS notice entitled ``SYSTEM LOCATION'' to reflect 
the current addresses where the system is located. The Department is 
modifying the section entitled ``SYSTEM MANAGER(S)'' to reflect the 
current location of the Office of Student Financial Assistance Programs 
in Federal Student Aid.
    The Department is modifying the section of the notice entitled 
``RECORD SOURCE CATEGORIES'' to include that the system may obtain 
records from other persons or entities from which data is obtained 
under the section entitled ``ROUTINE USES OF RECORDS MAINTAINED IN THE 
SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES.''

[[Page 45913]]

    The Department is modifying routine use (3) entitled ``Litigation 
and Alternative Dispute Resolution (ADR) Disclosure'' to indicate that 
the Department may make disclosures under this routine use when the 
Department requests representation from the Department of Justice for 
an employee of the Department who is being sued in his or her 
individual capacity as well as to change ``an individual'' to ``a 
person'' who has been designated by the Department or otherwise 
empowered to resolve or mediate disputes in order to avoid confusion 
because the word ``individual'' is a defined term under the Privacy 
Act.
    The Department is also modifying routine uses (5) entitled 
``Employee Grievance, Complaint, or Conduct Disclosure'' and (6) 
``Labor Organization Disclosure'' to clarify and promote the 
standardization of the language used in this routine use with that used 
in the Department's other systems of records notices. The Department is 
also modifying routine use (7) entitled ``Freedom of Information Act 
(FOIA) or Privacy Act Advice Disclosure'' to permit the Department to 
obtain counsel necessary to ensure that individual privacy rights are 
protected under the Privacy Act.
    The Department is also modifying routine use (9) entitled 
``Contract Disclosure'' and routine use (10) entitled ``Research 
Disclosure'' to remove language that respectively referenced safeguard 
requirements under subsection (m) of the Privacy Act and Privacy Act 
safeguards. The Department is revising the language in these routine 
uses to clarify that contractors and researchers to whom disclosures 
are made under these routine uses will be required to agree to 
safeguards to protect the security and confidentiality of the records 
in the system. The Department is also revising routine use (9) to 
clarify that these safeguards will be entered into ``as part of such a 
contract,'' rather than ``before entering into such a contract.''
    The Department is further modifying routine use (12) ``Disclosure 
to the Office of Management and Budget or the Congressional Budget 
Office (CBO) for Credit Reform Act (CRA) Support'' to add that the 
Department may disclose records to the CBO as necessary to fulfill CRA 
requirements and to clarify that any disclosure must be in accordance 
with 2 U.S.C. 661b.
    Pursuant to the requirements in Office of Management and Budget 
(OMB) M-17-12, the Department is adding the routine use (13) entitled 
``Disclosure in the Course of Responding to a Breach of Data'' and 
routine use (14) entitled ``Disclosure in Assisting another Agency in 
Responding to a Breach of Data.''
    The Department is updating the section entitled ``POLICIES AND 
PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS'' to reflect the 
current Department records retention and disposition schedule covering 
records in this system. The Department is also updating the section 
entitled ``ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS'' to 
include two-factor authentication, firewalls, encryption, and password 
protection as additional safeguards.
    The Department is modifying the sections entitled ``RECORD ACCESS 
PROCEDURES,'' ``CONTESTING RECORDS PROCEDURES,'' and ``NOTIFICATION 
PROCEDURES'' to specify the required information that an individual 
must provide when making a request for access to or notification of a 
record or to contest the content of a record in the system.
    Finally, pursuant to the requirements of OMB Circular No. A-108, 
the Department is adding a new section entitled ``HISTORY.''
    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 program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations 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: September 6, 2018.
James F. Manning,
Acting Chief Operating Officer, Federal Student Aid.

    For the reasons discussed in the preamble, the Acting Chief 
Operating Officer, Federal Student Aid of the U.S. Department of 
Education (Department) publishes a notice of a new and a rescinded 
system of records to read as follows:
RESCINDED SYSTEM NAME AND NUMBER
    Integrated Partner Management (IPM) system (18-11-21).

HISTORY:
    The Integrated Partner Management system of records notice was 
published in the Federal Register on August 8, 2017 (82 FR 37089-
37094).

NEW SYSTEM NAME AND NUMBER:
    Postsecondary Education Participants System (PEPS) (18-11-09).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Plano Technology Center, 2300 West Plano Parkway, Plano, Texas, 
75075-8427;
    Federal Student Aid, U.S. Department of Education, 830 First Street 
NE, Room 41I1, Washington, DC 20202.
    See the Appendix at the end of this system of records notice for 
additional system locations.

SYSTEM MANAGER(S):
    Director, Postsecondary Education Participants System, Office of 
Student Financial Assistance Programs, U.S. Department of Education 
(Department), 830 First Street NE, Room 112G1, Washington, DC 20202. 
Telephone: (202) 377-3202.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 481, 487, 498 of the Higher Education Act of 1965, as 
amended (HEA), (20 U.S.C. 1088, 1094, 1099c); Section 31001(i)(1) of 
the Debt Collection Improvement Act of 1996, Public Law 104-134 (31 
U.S.C. 7701).

PURPOSE(S) OF THE SYSTEM:
    The information maintained in the PEPS is used for the purposes of 
determining the initial and continuing eligibility of and the 
administrative capability and financial responsibility of postsecondary 
educational institutions that participate in the student financial 
assistance programs authorized under title IV of the HEA, tracking 
school changes and maintaining a history of information regarding 
postsecondary educational institutions that have previously applied to 
participate or participated in these programs, and documenting any need 
for any protective or corrective action against a postsecondary 
educational institution or individual associated with that institution.

[[Page 45914]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The PEPS maintains records about individuals who are owners of 
postsecondary educational institutions (either individually, as 
partners, or owners of the corporate entities that own those 
institutions); officials or authorized agents for those institutions; 
members of boards of directors or trustees of such institutions; 
employees of foreign entities that evaluate the quality of education; 
and individuals from third-party servicers that work with postsecondary 
educational institutions, including contact persons.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The PEPS maintains information regarding the eligibility, 
administrative capability, and financial responsibility of 
postsecondary educational institutions that participate in the student 
financial aid programs authorized under title IV of the HEA, including 
the names, Taxpayer Identification Numbers (generally Social Security 
numbers (SSNs)), business addresses, phone numbers of the individuals 
with substantial ownership interests in, or control over, those 
institutions, and personal identification numbers assigned by the 
Department.

RECORD SOURCE CATEGORIES:
    Information is obtained from applications submitted by 
postsecondary educational institutions and their owners who seek 
approval for such an institution to participate or continue 
participating under new ownership in the student financial assistance 
programs authorized under title IV of the HEA, from components of the 
Department, from other Federal, State and non-governmental agencies and 
organizations that acquire information relevant to the purposes of the 
PEPS. Information may also be obtained from other persons 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) Program Purposes. The Department may disclose information 
contained in the PEPS to appropriate guaranty agencies, educational and 
financial institutions, accrediting agencies, and appropriate Federal, 
State, or local agencies, in order to verify and assist with the 
determination of eligibility, administrative capability, and financial 
responsibility of postsecondary educational institutions that have 
applied to participate in the student financial assistance programs 
authorized under title IV of the HEA.
    (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 records in the PEPS, as a routine use, to the 
appropriate agency, whether foreign, Federal, State, Tribal, or local, 
charged with the responsibility of investigating or prosecuting such 
violation or charged with enforcing or implementing the statute, or 
executive order or rule, regulation, or order issued pursuant thereto.
    (3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (a) Introduction. In the event that one of the parties listed below 
in subsections (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 PEPS 
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 of Education, or any component of the 
Department;
    (ii) Any Department employee in his or her official capacity;
    (iii) Any employee of the Department in his or her individual 
capacity where the Department of Justice (DOJ) has been requested to or 
has agreed to provide or arrange for representation for the employee;
    (iv) Any employee of the Department in his or her individual 
capacity where the agency has agreed to represent the employee; or
    (v) The United States, where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the Department of Justice. If the Department 
determines that disclosure of certain records to the DOJ is relevant 
and necessary to judicial or administrative litigation or ADR, the 
Department may disclose those records as a routine use to the DOJ.
    (c) Adjudicative Disclosure. If the Department determines that 
disclosure of certain records to an adjudicative body before which the 
Department is authorized to appear, or to a person or entity designated 
by the Department or otherwise empowered to resolve or mediate 
disputes, is relevant and necessary to the judicial or administrative 
litigation or ADR, the Department may disclose those records as a 
routine use to that adjudicative body, person, or entity.
    (d) Disclosure to Parties, Counsel, Representatives, and Witnesses. 
If the Department determines that disclosure of certain records to a 
party, counsel, representative, or witness is relevant and necessary to 
the judicial or administrative 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 
records 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 records 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 
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.
    (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.

[[Page 45915]]

    (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) or Privacy Act Advice 
Disclosure. The Department may disclose records to the DOJ or the 
Office of Management and Budget (OMB) if the Department seeks advice 
regarding whether records maintained in this system of records are 
required to be disclosed under the FOIA or Privacy Act.
    (8) 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.
    (9) Contract Disclosure. If the Department contracts with an entity 
for the purpose of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records 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 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 agree to 
maintain safeguards to protect the security and confidentiality of the 
disclosed records.
    (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) Disclosure to the Office of Management and Budget or the 
Congressional Budget Office (CBO) for Credit Reform Act (CRA) Support. 
The Department may disclose records to the OMB or the CBO 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 (a) the Department suspects or has confirmed that 
there has been a breach of the system of records; (b) 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, program, and operation), the Federal Government, 
or national security; and (c) 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 (a) responding to 
a suspected or confirmed breach or (b) 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records are maintained on electronic data files on a server.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records are indexed by the name of the institution or 
organization, and may be retrieved by the OPEID of postsecondary 
educational institution, EIN (Entity Identification Number) of the 
postsecondary educational institution or entity; or the name or the 
Taxpayer Identification Number (generally the Social Security number) 
of the individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained and disposed of in accordance with the 
Department Records Schedule 074: FSA Guaranty Agency, Financial and 
Education Institution Eligibility, Compliance, Monitoring and Oversight 
Records (N1-441-09-15). Records are destroyed/deleted 30 years after 
cut off. Cut off occurs at the end of the fiscal year when final action 
is completed.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All physical access to the Department of Education sites, and the 
site of Department contractor 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 employed by the Department offers a 
high degree of resistance to tampering and circumvention with 
firewalls, encryption, and password protection. This security system 
limits data access to staff of the Department, guarantors, accrediting 
agencies, State agencies, and Department contractors 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 a unique user ID with personal identifiers. All interactions 
by individual users with the system are recorded. Access to the system 
requires two-factor authentication.

RECORD ACCESS PROCEDURES:
    If you wish to gain access to any record in the system of records, 
you must contact the system manager at the address listed above. You 
must provide the necessary particulars of your name, SSN, and any other 
identifying information requested by the Department, while processing 
the request, to distinguish between individuals with the same name. 
Such requests must meet the requirements of 34 CFR 5b.5.

CONTESTING RECORD PROCEDURES:
    If you wish to contest the content of a record in the system 
pertaining to you, you must contact the system manager at the address 
listed above. The request to amend must be made in writing and 
addressed to the system manager at the address provided above with the 
necessary particulars of your name, SSN, and any other identifying 
information requested by the Department, while processing the request, 
to distinguish between individuals with the same name. The request must 
identify the particular record within the PEPS that you wish to have 
changed, state whether you wish to have the record amended, corrected, 
or deleted, and explain the reasons why you wish to have the record 
changed. Requests to amend a record must meet

[[Page 45916]]

the requirements of the Department's Privacy Act regulations at 34 CFR 
5b.7.

NOTIFICATION PROCEDURES:
    If you wish to determine whether a record exists regarding you in 
the system, you must contact the system manager at the address listed 
above. You must provide the necessary particulars of your name, SSN, 
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 
regulations at 34 CFR 5b.5, including proof of identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The system of records was published in the Federal Register on June 
4, 1999 (64 FR 30106, 30171-30173), and amended on December 27, 1999 
(64 FR 72384, 72405). This system of records was rescinded on August 8, 
2017 (82 FR 37089-37094).
Appendix to 18-11-09

ADDITIONAL SYSTEM LOCATIONS:
    Boston Office, 5 Post Office Square, Boston, MA 02109. New York 
Office, 32 Old Slip, New York, NY 10005. Philadelphia Office, The 
Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107.
    Chicago Office, Citigroup Center, 500 W Madison Street Chicago, IL 
60661.
    Atlanta Office, 61 Forsyth Street SW, Atlanta, GA 30303.
    Dallas Office, 1999 Bryan Street, Dallas, TX 75201.
    Kansas City Office, 1010 Walnut Street, Kansas City, MO 64106.
    Denver Office, Cesar E. Chavez Memorial Building, 1244 Speer 
Boulevard, Denver, CO 80204.
    San Francisco Office, 50 Beale Street, San Francisco, CA 94105.
    Seattle Office, 915 Second Avenue, Seattle, WA 98174.
    U.S. Department of Education, 400 Maryland Avenue SW, Washington, 
DC 20202.

[FR Doc. 2018-19688 Filed 9-10-18; 8:45 am]
 BILLING CODE 4000-01-P