Privacy Act of 1974; System of Records, 45912-45916 [2018-19688]
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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and a rescinded system of records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notice and rescinded IPM system of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
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SUMMARY:
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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
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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.’’
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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
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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)
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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.
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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.
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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.
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(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.
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(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.
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(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
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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/
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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
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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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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