Privacy Act of 1974; System of Records, 32889-32895 [2019-14690]
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Commission in accordance with the
Federal Advisory Committee Act.
DATES: The deadline for the submission
of nominations is September 9, 2019.
ADDRESSES: Nominations should be
emailed to MRAC_Submissions@cftc.gov
or sent by hand delivery or courier to
Alicia L. Lewis, MRAC Designated
Federal Officer and Special Counsel to
Commissioner Rostin Behnam,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581. Please use the title ‘‘MRAC
Climate-Related Market Risk
Subcommittee’’ for any nominations
you submit.
FOR FURTHER INFORMATION CONTACT:
Alicia L. Lewis, MRAC Designated
Federal Officer and Special Counsel to
Commissioner Rostin Behnam at (202)
418–5862 or email: alewis@cftc.gov.
SUPPLEMENTARY INFORMATION: The
Subcommittee was established to
provide a report to the MRAC that will
identify and examine climate changerelated financial and market risks,
including for derivatives markets.
Within this charge, the Subcommittee
may consider, but is not limited to, the
following issues and topics:
• Identifying challenges or
impediments to evaluating and
managing climate-related financial and
market risks;
• Identifying how market participants
can improve integration of climaterelated scenario analysis, stress testing,
governance initiatives, and disclosures
into financial and market risk
assessments and reporting;
• Identifying policy initiatives and
best practices for risk management and
disclosure of financial and market risks
related to climate change that support
financial stability; and
• Identifying appropriate methods by
which market participants’ data and
analyses can enhance and contribute to
the assessment of climate-related
financial and market risks and their
potential impacts on agricultural
production, energy, food, insurance, real
estate, and other financial stability
indicators.
The Subcommittee will provide its
report directly to the MRAC and will
not provide reports and/or
recommendations directly to the
Commission. The Subcommittee has no
authority to make decisions on behalf of
the MRAC, and no determination of fact
or policy will be made by the
Subcommittee on behalf of the
Commission.
Subcommittee members will generally
serve as representatives and provide
advice reflecting the views of
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stakeholder organizations and entities
throughout the derivatives and financial
markets. The Subcommittee may also
include regular government employees
when doing so furthers its purpose. It is
anticipated that the Subcommittee will
hold at least three in-person or
telephonic meetings per year.
Subcommittee members serve at the
pleasure of the Commission.
Subcommittee members do not receive
compensation or honoraria for their
services, and they are not reimbursed
for travel and per diem expenses.
The Subcommittee members will
include individuals who are members of
the MRAC and/or other individuals. For
these other individuals who are not
serving on the MRAC currently, the
Commission seeks nominations of
individuals from a wide range of
perspectives, including from industry,
academia, the government, and public
interest. To advise the MRAC
effectively, Subcommittee members
must have a high-level of expertise and
experience with: Financial and market
risks from climate change, including
efforts to assess, manage and mitigate
such risks through risk management,
governance, stress testing, disclosure,
scenario analysis; evaluating the
potential impact of such risks on the
derivatives and financial markets, as
well as on the economy and financial
stability generally; and the Commodity
Exchange Act and Commission
regulations thereunder. To the extent
practicable, the Commission will strive
to select members reflecting wide
ethnic, racial, gender, and age
representation.
The Commission invites the
submission of nominations for
Subcommittee membership. Each
nomination submission should include
the proposed member’s name, title,
organization affiliation and address,
email address and telephone number, as
well as information that supports the
individual’s qualifications to serve on
the Subcommittee. The submission
should also include the name, email
address and telephone number of the
person nominating the proposed
Subcommittee member. Selfnominations are acceptable.
Submission of a nomination is not a
guarantee of selection as a member of
the Subcommittee. As noted in the
MRAC’s Membership Balance Plan, the
Commission seeks to ensure that the
membership of a subcommittee is
balanced relative to the particular issues
addressed by the subcommittee in
question. The Commission will identify
members for the Subcommittee based on
Commissioners’ and Commission staff
professional knowledge of ongoing
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efforts to identify, manage and mitigate
climate-related financial and market
risks, consultation with knowledgeable
persons outside the CFTC, and requests
to be represented received from
organizations. The office of the
Commissioner primarily responsible for
the MRAC and the Subcommittee plays
a primary, but not exclusive, role in this
process and makes recommendations
regarding membership to the
Commission. The Commission, by vote,
authorizes members to serve on MRAC
subcommittees.
(Authority: 5 U.S.C. App. II)
Dated: July 3, 2019.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2019–14638 Filed 7–9–19; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of
Records
Office of Special Education and
Rehabilitative Services and Office of
Elementary and Secondary Education,
U.S. Department of Education.
ACTION: Notice of a modified system of
records; and, rescindment of a system of
records notice.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), the Department of
Education (Department) publishes this
notice of a modified system of records
entitled the ‘‘Personnel Development
Program Data Collection System
(PDPDCS)’’ (18–16–04), formerly named
the ‘‘Special Education—Individual
Reporting on Regulatory Compliance
Related to the Personnel Development
Program’s Service Obligation and the
Government Performance and Results
Act of 1993 (GPRA),’’ and this
rescindment of a system of records
notice entitled ‘‘Indian Education—
Individual Reporting on Regulatory
Compliance Related to the Indian
Education Professional Development
program’s Service Obligation and the
Government Performance and Results
Act of 1993 (GPRA)’’ (18–14–05).
DATES: Submit your comments on this
notice of a modified system of records
and this rescindment of a system of
records notice on or before August 9,
2019.
This modified system of records and
rescinded system of records will become
applicable upon publication in the
Federal Register on July 10, 2019. New
routine use (10) and modified routine
uses (1), (2), (3), (5), and (9) listed under
SUMMARY:
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the section entitled ‘‘ROUTINE USES
OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH
USES’’ in the modified system of
records will become applicable on
August 9, 2019, unless the modified
system of records notice needs to be
changed as a result of public comment.
The Department will publish any
significant changes resulting from
public comment.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under the ‘‘help’’ tab.
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about this modified
system of records and rescindment of a
system of records notice, address them
to: Personnel Development Program
Data Collection System Owner,
Research to Practice Division, Office of
Special Education Programs, Office of
Special Education and Rehabilitative
Services, U.S. Department of Education,
550 12th Street SW, Washington, DC
20202–2600. Telephone: (202) 245–
7395.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
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FOR FURTHER INFORMATION CONTACT:
Personnel Development Program Data
Collection System Manager, Research to
Practice Division, Office of Special
Education Programs, Office of Special
Education and Rehabilitative Services,
U.S. Department of Education, 550 12th
Street SW, Washington, DC 20202–2600.
Telephone: (202) 245–7395.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), you may call the
Federal Relay Service (FRS), toll-free, at
1–800–877–8339.
SUPPLEMENTARY INFORMATION: The
PDPDCS contains records on
individuals who are recipients of
funding (scholars 1) from grants awarded
to institutions of higher education
(IHEs) and other eligible entities
(grantees) by the Office of Special
Education and Rehabilitative Services
(OSERS), Office of Special Education
Programs’ (OSEP) Personnel
Development to Improve Services and
Results for Children with Disabilities
Program (Personnel Development
Program), the Office of Elementary and
Secondary Education (OESE), Office of
Indian Education’s (OIE) Professional
Development discretionary grant
program, and the OSERS, Rehabilitation
Services Administration’s (RSA)
Rehabilitation Long-Term Training
(RLTT) discretionary grant program.
The PDPDCS allows the Department
to fulfill its responsibility for ensuring
grantee and scholar compliance with
program requirements. The system also
affords registered Department officials
read-only access to scholar records to
monitor compliance and respond to
inquiries.
Through the affected programs, IHEs
and other eligible entities provide
Department funds to individuals who
agree to perform a service obligation.
Scholars who do not satisfy their service
obligation or other applicable program
requirements must repay all or a part of
the funding received in accordance with
program regulations. The modified
system of records announced in this
notice is required to track scholars’
enrollment, employment, and
fulfillment of the terms of their service
obligations.
The PDPDCS system of records is
being modified to include records on
1 The Office of Special Education Programs
(OSEP) and the Rehabilitation Services
Administration (RSA) refer to individuals receiving
OSEP and RSA grant funds, respectively, as
‘‘scholars.’’ The Office of Indian Education (OIE)
refers to individuals receiving OIE grant funds as
‘‘participants.’’ For purposes of this Notice of a
Modified System of Records and this Rescindment
of a System of Records Notice, the term ‘‘scholars’’
is used to describe individuals receiving grant
funds from OSEP, RSA, or OIE.
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scholars from grants awarded to IHEs
and other eligible entities by OESE,
OIE’s Professional Development, and
OSERS, RSA’s RLTT discretionary grant
programs. As described below, RSA will
adopt the PDPDCS to collect data on its
training programs. There is no existing
system of records for the RSA to track
the progress toward completion of a
scholar’s service obligation.
The Department is modifying the
section entitled ‘‘SYSTEM NAME AND
NUMBER’’ from ‘‘Special Education—
Individual Reporting on Regulatory
Compliance Related to the Personnel
Development Program’s Service
Obligation and the Government
Performance and Results Act of 1993
(GPRA)’’ (18–16–04) to ‘‘Personnel
Development Program Data Collection
System (PDPDCS)’’ (18–16–04).
The Department is modifying the
section entitled ‘‘SECURITY
CLASSIFICATION’’ to indicate that the
system is unclassified.
The Department is modifying the
section entitled ‘‘SYSTEM
LOCATION(S)’’ to reflect the current
names and addresses of the contractor
and subcontractor who maintain the
records in the system.
The Department is modifying the
section entitled ‘‘SYSTEM
MANAGER(S)’’ to update the title,
business address, and contact
information of the Department official
in Research to Practice Division, OSEP,
OSERS, who will serve as the system
manager.
The Department is modifying the
sections entitled ‘‘AUTHORITY FOR
MAINTENANCE OF THE SYSTEM,’’
‘‘PURPOSE(S) OF THE SYSTEM,’’
‘‘CATEGORIES OF INDIVIDUALS
COVERED BY THE SYSTEM,’’
‘‘CATEGORIES OF RECORDS IN THE
SYSTEM,’’ ‘‘RECORD SOURCE
CATEGORIES,’’ and ‘‘POLICIES AND
PRACTICES FOR STORAGE OF
RECORDS’’ to account for the OIE and
RSA records being integrated into the
PDPDCS system, in addition to the
previously maintained OSEP records.
The section entitled ‘‘PURPOSE(S) OF
THE SYSTEM’’ is further being updated
to broaden the purposes to include
additional purposes of serving as a
resource for program improvement and
grant monitoring and, informing
program and budgetary planning.
Additionally, the Department is
modifying the section entitled
‘‘CATEGORIES OF RECORDS IN THE
SYSTEM’’ to specify that the record on
the number of years a scholar needs to
work to satisfy the service obligation
must be ‘‘in eligible employment;’’ the
Department may ask questions to IHEs,
as well as scholars, about topics related
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to program performance measures;
program performance measures may
include certification status; and, the
Department’s contractor will maintain
periodic back-ups of records on a webbased data server that collects data on
scholars from grantees, scholars, and
their employers.
The Department is also modifying the
section entitled ‘‘RECORD SOURCE
CATEGORIES’’ to update the references
to the contractor and subcontractor who
implement the web-based data
collection system and to clarify that
record source categories also may
include persons or entities who provide
data to the Department under the
routine uses set forth in the notice.
Additionally, the Department is
modifying this section to remove
language requiring IHEs and other
eligible entities to provide information
on scholars who they determine will not
fulfill their service obligations because
it is the Department’s ultimate
responsibility to make this
determination and this system of
records will generate sufficient
information for the Department to do so.
Finally, the Department is modifying
this section to update the name and
location of the Department’s accounts
receivable group to ‘‘Accounts
Receivables and Bank Management
Group’’ and the ‘‘Office of Finance and
Operations,’’ respectively.
The Department is also modifying the
section entitled ‘‘POLICIES AND
PRACTICES FOR STORAGE OF
RECORDS’’ to update references to the
Department’s contractor and
subcontractor; to indicate that a campus
and building security system protects
hard copy records; and, to explain that
the Department’s subcontractor
maintains the electronic records on its
secure server.
The Department is modifying routine
use (1) entitled ‘‘Program Purposes’’ to
account for the OIE and RSA records
being integrated into the PDPDCS
system; and, to expand routine use
(1)(b) to allow for disclosures to grantees
for monitoring, enforcement, or
technical assistance related to scholar
employment.
The Department is modifying routine
use (2) entitled ‘‘Disclosure in the
Course of Responding to Breach of
Data’’ to permit the Department to
disclose records from this system of
records in response to a suspected or
confirmed breach of the system of
records; and, to explain that such
disclosures are limited to circumstances
where the Department determines that
as a result of the suspected or confirmed
breach, there is a risk of harm to
individuals, the Department (including
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its information systems, programs, and
operations), the Federal Government, or
national security.
The Department is modifying routine
use (3) entitled ‘‘Contract Disclosure’’ to
remove language that referenced
imposing safeguard requirements on the
contractor ‘‘before entering into’’ the
contract and that were required under
subsection (m) of the Privacy Act. The
modified language clarifies that the
Department will require, as part of
applicable Department contracts,
contractors to whom disclosures are
made under this routine use to agree to
establish and maintain safeguards to
protect the security and confidentiality
of the disclosed records.
The Department is removing routine
use (4) entitled ‘‘Disclosure for Use by
Other Law Enforcement Agencies’’
because the system of records is not
used in a law enforcement capacity.
The Department is modifying newly
renumbered routine use (5) entitled
‘‘Litigation and Alternative Dispute
Resolution (ADR) Disclosure’’ to insert
the word ‘‘person’’ in place of the word
‘‘individual,’’ to avoid any public
confusion that may have been caused by
the Department’s prior use of the word
‘‘individual’’ given that this term is
defined in the Privacy Act and to clarify
that references to ‘‘litigation’’ cover both
judicial or administrative litigation.
The Department modified newly
renumbered routine use (9) entitled
‘‘Research Disclosure’’ to remove
language that referenced Privacy Act
safeguards and to clarify that
researchers to whom disclosures are
made will be required to agree to
establish and maintain safeguards to
protect the security and confidentiality
of the disclosed records.
Pursuant to the requirements in Office
of Management and Budget
Memorandum M–17–12 entitled
‘‘Preparing for and Responding to a
Breach of Personally Identifiable
Information,’’ the Department added
routine use (10) entitled ‘‘Disclosure in
Assisting Another Agency in
Responding to a Breach of Data’’ in
order to permit the Department to
disclose records from this system of
records in the course of assisting
another Federal agency or entity in
responding to a breach of data.
The Department is modifying the
section entitled ‘‘ADMINISTRATIVE,
TECHNICAL, AND PHYSICAL
SAFEGUARDS’’ to specify which
Department personnel have access to
the system to monitor system
improvements and upgrades; to specify
a limited number of contractor and
subcontractor personnel who have
administrative rights, including read
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and write access, to the system; and, to
explain that the system is maintained in
accordance with applicable National
Institute of Standards and Technology
(NIST) standards.
The Department is modifying the
sections entitled ‘‘RECORD ACCESS
PROCEDURES,’’ ‘‘CONTESTING
RECORD PROCEDURES,’’ and
‘‘NOTIFICATION PROCEDURES’’ to
define and discuss the ‘‘necessary
particulars’’ needed to access, contest,
or be notified of a record.
Finally, the Department is adding a
section entitled ‘‘HISTORY’’ to comply
with the requirements in Office of
Management and Budget Circular No.
A–108.
In addition, the ‘‘Indian Education—
Individual Reporting on Regulatory
Compliance Related to the Indian
Education Professional Development
program’s Service Obligation and the
Government Performance and Results
Act of 1993 (GPRA)’’ (18–14–05) system
of records was first published in the
Federal Register on January 25, 2011
(76 FR 4334–4338); and, contains
records on individuals who are
recipients of financial assistance from
grants awarded by OESE, OIE’s
Professional Development program. The
Department is rescinding this system of
records, with plans for the system’s
functions and records to be integrated
into the PDPDCS.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the person listed under FOR
FURTHER INFORMATION CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at:
www.ggovinfo.gov. At this site you can
view this document, as well as all other
documents of the Department published
in the Federal Register, in text or
Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat
Reader, which is available free at the
site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
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Dated: July 5, 2019.
Johnny W. Collett,
Assistant Secretary for Special Education and
Rehabilitative Services.
Frank T. Brogan,
Assistant Secretary for Office of Elementary
and Secondary Education.
For the reasons discussed in the
preamble, the Assistant Secretary for
Special Education and Rehabilitative
Services and the Assistant Secretary for
Elementary and Secondary Education,
U.S. Department of Education
(Department), publishes a notice of a
modified and rescinded system of
records to read as follows:
RESCINDED SYSTEM NAME AND
NUMBER
Indian Education—Individual
Reporting on Regulatory Compliance
Related to the Indian Education
Professional Development program’s
Service Obligation and the Government
Performance and Results Act of 1993
(GPRA) (18–14–05).
HISTORY:
The Indian Education—Individual
Reporting on Regulatory Compliance
Related to the Indian Education
Professional Development program’s
Service Obligation and the Government
Performance and Results Act of 1993
(GPRA) system of records notice was
published in the Federal Register on
January 25, 2011 (76 FR 4334–4338).
MODIFIED SYSTEM NAME AND NUMBER:
Personnel Development Program Data
Collection System (PDPDCS) (18–16–
04).
SECURITY CLASSIFICATION:
Unclassified.
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SYSTEM LOCATION(S):
(1) Research to Practice Division,
Office of Special Education Programs,
Office of Special Education and
Rehabilitative Services, U.S. Department
of Education, 550 12th Street SW,
Washington, DC 20202–2600
(2) The Department’s contractor,
AnLar, maintains records at Westat Inc.,
1600 Research Boulevard, Rockville,
MD 20850. The contractor also
maintains a back-up on a failover server
at a redundant data center site in an
adjacent location at 1600 Research
Boulevard, Rockville, MD 20850.
(3) Computer Security International,
299 Herndon Parkway, VA 20170 is the
location of Westat’s subcontractor,
where nightly back-ups of the server
data are stored.
SYSTEM MANAGER(S):
System Manager, Research to Practice
Division, Office of Special Education
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Programs, Office of Special Education
and Rehabilitative Services, U.S.
Department of Education, 550 12th
Street SW, Washington, DC 20202–2600.
AUTHORITY FOR MAINTENANCE 0F THE SYSTEM:
This system of records is authorized
for each program office by the following
legal authorities:
For the Office of Special Education
Programs (OSEP), this system of records
is authorized by the Individuals with
Disabilities Education Act (IDEA), 20
U.S.C. 1400 et seq., and specifically—
(a) For funding distributed from
grants made in Fiscal Year (FY) 2006
and after, 34 CFR 304.23 through
304.30, which implement section 662(h)
of IDEA for those fiscal years;
(b) For funding distributed from FY
2005 grants, the notice published in the
Federal Register on March 25, 2005 (70
FR 15306), which implements section
662(h) of IDEA for that fiscal year; and
(c) For funding distributed from
grants made for FY 2004 and earlier, 34
CFR 304.23 through 304.30 as those
regulations existed at that time, which
implemented section 673(h) of the
version of IDEA that was in effect prior
to December 3, 2004.
This system of records is also
authorized by section 4 of the
Government Performance and Results
Act of 1993 (GPRA), Public Law 103–62.
For the Office of Indian Education
(OIE), this system of records is
authorized by section 6122 of the
Elementary and Secondary Education
Act of 1965, as amended (ESEA) and the
related regulations in 34 CFR part 263,
subpart A.
For the Rehabilitation Services
Administration (RSA), this system of
records is authorized by the
Rehabilitation Act of 1973, as amended
by title IV of the Workforce Innovation
and Opportunity Act (WIOA), which
requires program performance
measurement and authorizes service
obligation, as well as related regulations
in 34 CFR parts 385 and 386, et seq.
PURPOSE(S) OF THE SYSTEM:
The information in this system is used
for the following purposes: Managing all
aspects of the Federal service obligation
requirements for those scholars who
receive Federal funds through
respective OSEP, RSA, and OIE grant
programs including debt referrals to the
Department’s Accounts Receivable and
Bank Management Group (ARBMG);
providing accountability for resources
expended under the OSEP, OIE, and
RSA training and personnel
development programs in response to
the Government Performance and
Results Act (GPRA); serving as a
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resource for program improvement and
grant monitoring; and informing
program and budgetary planning.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system contains records on
individuals who are recipients of
Department funds from grants awarded
to institutions of higher education
(IHEs) and other eligible entities by
OSEP’s Personnel Development
Program, OIE’s Professional
Development discretionary grant
program, and RSA’s Rehabilitation
Long-Term Training (RLTT)
discretionary grant program.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records about
scholars who receive funding from
OSEP, OIE, and RSA training grants.
Information in this system includes
contact information for the grantee; the
grant identification number; each
scholar’s name, Social Security number
(SSN), address, telephone number,
email address, and alternate contact
information; name and contact
information of a person through whom
the scholar can be contacted; the
number of years the scholar needs to
work in eligible employment to satisfy
the service obligation; the total amount
of funding received; the time period
during which the scholar must satisfy
the service obligation; eligible
employment to fulfill the service
obligation; contact information for
employers; and, as applicable, all other
obligations of the scholar under the
regulations. Employers will be asked to
verify the employment information
provided by the scholar. In addition,
IHEs and scholars may be asked
questions about topics related to
program performance measures (e.g.,
specific areas of training, certification
status, reasons for leaving the program
before completion, gender, ethnic
origin, and education history). The
contractor maintains periodic back-ups
on a web-based data server that collects
data on scholars from grantees, scholars,
and their employers.
This system of records does not cover
records maintained in the Department’s
system of records notice entitled
‘‘Education’s Central Automated
Processing System (EDCAPS)’’ (18–04–
04) as part of the Department’s
receivables management function.
RECORD SOURCE CATEGORIES:
For OSEP grants awarded prior to FY
2005 and OIE grants awarded prior to
FY 2009, collection of information from
IHEs and other eligible entities is
limited to identifying information about
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scholars, their service obligation, and
the amount of funding received.
The information for OSEP grants
awarded for FY 2005 and after, OIE
grants awarded for FY 2009 and after,
and RSA grants will be collected from
grantees, scholars, and scholars’
employers primarily through a webbased data collection system
implemented by AnLar, a contractor of
the Department, and Westat, a
subcontractor of the Department.
Through this system, information
related to tracking scholars’ enrollment,
employment, and fulfillment of the
terms of the service obligation and to
evaluating progress on the performance
measures for the Personnel
Development Program will be collected
from grantees, scholars, and the
scholars’ employers. When OSEP, OIE,
or RSA determines that a scholar will
not fulfill the service obligation and
must instead repay some or all of the
scholarship funds disbursed to the
scholar, OSEP, OIE, or RSA,
respectively, will forward applicable
information to the Department’s
Accounts Receivables and Bank
Management Group in the Office of
Finance and Operations.
Additionally, the Department may
collect records from other persons or
entities from which data is obtained
under the routine uses set forth below.
jspears on DSK30JT082PROD 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. The Department may make
these disclosures 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, under a computer
matching agreement.
(1) Program Purposes. The
Department may disclose records from
this system of records:
(a) To the scholars’ employers to
verify the eligible employment of
scholars who were supported by grant
funding and who are fulfilling their
service obligations.
(b) To the grantees for monitoring,
enforcement, or technical assistance
related to the scholars’ employment.
(2) Disclosure in the Course of
Responding to Breach of Data. The
Department may disclose records to
appropriate agencies, entities, and
persons when (a) the Department
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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, programs and
operations), 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.
(3) Contract Disclosure. The
Department may disclose records to
employees of an entity with whom the
Department contracts when disclosure
is necessary for an employee of the
entity to perform a function pursuant to
the Department’s contract with the
entity. As part of such a contract, the
Department shall require the contractor
to agree to establish and maintain
safeguards to protect the security and
confidentiality of the disclosed records.
(4) Enforcement Disclosure. In the
event that information in this system of
records indicates, either on its face or in
connection with other information, a
violation or potential violation of any
applicable statute, regulation, or order
of a competent authority, the
Department may disclose the relevant
records to the appropriate agency,
whether foreign, Federal, State, Tribal,
or local, charged with the responsibility
of investigating or prosecuting that
violation or charged with enforcing or
implementing the statute, Executive
order, rule, regulation, or order issued
pursuant thereto.
(5) Litigation and Alternative Dispute
Resolution (ADR) Disclosure.
(a) Introduction. In the event that one
of the parties listed in sub-paragraphs (i)
through (v) is involved in judicial or
administrative litigation or ADR, or has
an interest in litigation or ADR, the
Department may disclose certain
records to the parties described in
paragraphs (b), (c), and (d) of this
routine use under the conditions
specified in those paragraphs:
(i) The Department or any of its
components;
(ii) Any Department employee in his
or her official capacity;
(iii) Any Department employee in his
or her individual capacity if the U.S.
Department of Justice (DOJ) has been
requested to or has agreed to provide or
arrange for representation for the
employee;
(iv) Any Department employee in his
or her individual capacity where the
Department has agreed to represent the
employee; or
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32893
(v) The United States where the
Department determines that the
litigation is likely to affect the
Department or any of its components.
(b) Disclosure to DOJ. If the
Department determines that disclosure
of certain records to DOJ is relevant and
necessary to the judicial or
administrative litigation or ADR, the
Department may disclose those records
as a routine use to DOJ.
(c) Adjudicative Disclosure. If the
Department determines that it is
relevant and necessary to the judicial or
administrative litigation or ADR to
disclose 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, the
Department may disclose those records
as a routine use to the adjudicative
body, person, or entity.
(d) Disclosure to Parties, Counsel,
Representatives, or Witnesses. If the
Department determines that disclosure
of certain records to a party, counsel,
representative, or witness is relevant
and necessary to the judicial or
administrative litigation or ADR, the
Department may disclose those records
as a routine use to the party, counsel,
representative, or witness.
(6) Freedom of Information Act
(FOIA) and Privacy Act Advice
Disclosure. The Department may
disclose records to DOJ or Office of
Management and Budget (OMB) if the
Department concludes that disclosure is
desirable or necessary in determining
whether particular records are required
to be disclosed under the FOIA or the
Privacy Act.
(7) Disclosure to DOJ. The Department
may disclose records to DOJ to the
extent necessary for obtaining DOJ
advice on any matter relevant to an
audit, inspection, or other inquiry
related to the program covered by this
system.
(8) Congressional Member Disclosure.
The Department may disclose the
records of an individual to a member of
Congress or the member’s staff when
necessary to respond to an inquiry from
the member or the member’s staff made
at the written request of that individual.
The member’s right to the information is
no greater than the right of the
individual who requested the inquiry.
(9) Research Disclosure. The
Department may disclose records under
routine use 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
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Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices
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
establish and maintain safeguards to
protect the security and confidentiality
of the disclosed records.
(10) 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.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
The Department may disclose to a
consumer reporting agency information
regarding a claim by the Department
that the head of the Department has
determined to be valid and overdue.
Such information is limited to—(1) the
name, address, taxpayer identification
number, and other information
necessary to establish the identity of the
individual responsible for the claim; (2)
the amount, status, and history of the
claim; and (3) the program under which
the claim arose. The Department may
disclose the information specified in
this paragraph under 5 U.S.C.
552a(b)(12) and the procedures
contained in 31 U.S.C. 3711(e). A
consumer reporting agency to which
these disclosures may be made is
defined in 31 U.S.C. 3701(a)(3).
jspears on DSK30JT082PROD with NOTICES
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Westat, the Department’s
subcontractor through the AnLar
contract, maintains hard copy records of
information about OSEP, OIE and RSA
scholars in locked file cabinets that are
located within locked offices protected
by a campus and building security
system; and, maintains electronic
records with information about OSEP,
OIE, and RSA scholars on its secure
server.
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POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records in this system are indexed by
a unique number assigned by the
PDPDCS to each individual.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
These records will be maintained and
disposed of in accordance with the
records retention and disposition
authority approved by the National
Archives and Records Administration
(NARA). Until NARA approves a
retention and disposition schedule for
these records, the Department will not
destroy or delete any records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access to the records is limited to
authorized personnel only. All physical
access to the Department’s site, and to
the sites of the Department’s contractor
and subcontractor, where this system of
records is maintained, is controlled and
monitored by security personnel.
The computer system employed by
the Department offers a high degree of
resistance to tampering and
circumvention. This security system
limits data access to Department and
contract staff on a ‘‘need to know’’ basis,
and controls individual users’ ability to
access and alter records within the
system. Only Contracting Officer
Representatives (CORs) assigned to the
PDPDCS contract by the Department
have ‘‘read only’’ access to the PDPDCS
to monitor the improvements and
upgrades to the system. A limited
number of contractor and subcontractor
personnel have administrative rights,
including read and write access, to the
system.
The contractor and subcontractor
established secure procedures at their
sites to ensure confidentiality of data.
Their systems are required to ensure
that information identifying individuals
is in files physically separated from
other research data. The contractor and
subcontractor will maintain security of
the complete set of all master data files
and documentation. Access to
individually identifying data is strictly
controlled. At each site all hard copy
data is kept in locked file cabinets
during nonworking hours, and work on
hard copy data will take place in a
single room, except for data entry.
Physical security of electronic data is
also maintained. Security features that
protect electronic project data include:
Password-protected accounts that
authorize users to access only specific
network directories and network
software on the contractor’s and
subcontractor’s systems; and user rights
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and directory and file attributes that
limit those who can access particular
directories and files and determine how
they can edit them.
All security for the system is
maintained in accordance with
Moderate data sensitivity controls as
defined in National Institute of
Standards and Technology Special
Publication 800–53 Revision 4,
‘‘Security and Privacy Controls for
Federal Information Systems and
Organizations.’’
RECORD ACCESS PROCEDURES:
If you wish to gain access to your
record in the system of records, contact
the system manager at the address listed
above. Requests should contain
necessary particulars, such as your full
name, address, telephone number, 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 regulations in 34 CFR
5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of
a record regarding you in the system of
records, contact the system manager at
the address listed above. Requests
should contain necessary particulars,
such as your full name, address,
telephone number, 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 in 34 CFR 5b.7.
NOTIFICATION PROCEDURES:
If you wish to determine whether a
record regarding you exists in the
system of records, contact the system
manager at the address listed above.
Requests should contain necessary
particulars, such as your full name,
address, telephone number, 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
regulations in 34 CFR 5b.5, including
proof of identity.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The System of Records entitled ‘‘The
Special Education—Individual
Reporting on Regulatory Compliance
Related to the Personnel Development
Program’s Service Obligation and the
Government Performance and Results
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Act of 1993 (GPRA)’’ (18–16–04) has
only previously been published in the
Federal Register on October 24, 2008
(73 FR 63453–63457).
[FR Doc. 2019–14690 Filed 7–9–19; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
[Docket No.: ED–2019–ICCD–0074]
Agency Information Collection
Activities; Comment Request; Foreign
Schools Eligibility Criteria Apply To
Participate in Title IV HEA Programs
Federal Student Aid (FSA),
Department of Education (ED).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, ED is
proposing an extension of an existing
information collection.
DATES: Interested persons are invited to
submit comments on or before
September 9, 2019.
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–
2019–ICCD–0074. 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.
If the regulations.gov site is not
available to the public for any reason,
ED will temporarily accept comments at
ICDocketMgr@ed.gov. Please include the
docket ID number and the title of the
information collection request when
requesting documents or submitting
comments. 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 9086,
Washington, DC 20202–0023.
FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
activities, please contact Beth
Grebeldinger, 202–377–4018.
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,
jspears on DSK30JT082PROD with NOTICES
SUMMARY:
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revised, and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. ED is
soliciting comments on the proposed
information collection request (ICR) that
is described below. The Department of
Education is especially interested in
public comment addressing the
following issues: (1) Is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
Title of Collection: Foreign Schools
Eligibility Criteria Apply to Participate
in Title IV HEA Programs.
OMB Control Number: 1845–0105.
Type of Review: An extension of an
existing information collection.
Respondents/Affected Public:
Individuals or Households; Private
Sector; State, Local, and Tribal
Governments.
Total Estimated Number of Annual
Responses: 26,713.
Total Estimated Number of Annual
Burden Hours: 7,230.
Abstract: The information in 34 CFR
Sections 600.54, 600.55, 600.56, and
600.57 is used by the Department during
the initial review for eligibility
certification, recertification and annual
evaluations. These regulations help to
ensure that all foreign institutions
participating in the Title IV, HEA
programs are meeting the minimum
participation standards.
Dated: July 3, 2019.
Kate Mullan,
PRA Coordinator, Information Collection
Clearance Program, Information Management
Branch, Office of the Chief Information
Officer.
[FR Doc. 2019–14637 Filed 7–9–19; 8:45 am]
BILLING CODE 4000–01–P
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32895
DEPARTMENT OF EDUCATION
[Docket ID ED–2018–OESE–0088]
Privacy Act of 1974; System of
Records–-Migrant Student Information
Exchange
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice of a modified system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), the Department of
Education (Department) publishes this
notice of a modified system of records
entitled ‘‘Migrant Student Information
Exchange (MSIX)’’ (18–14–04) to modify
this system of records notice, which was
last published in the Federal Register
on December 5, 2007.
DATES: Submit your comments on this
modified system of records notice on or
before August 9, 2019.
This modified system of records
notice will become applicable upon
publication in the Federal Register on
July 10, 2019. Modified routine uses (1),
(2), (3), (5), and (6) and new routine use
(8) listed under ‘‘ROUTINE USES OF
RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH
USES’’ will become applicable on
August 9, 2019, unless the modified
system of records notice needs to be
changed as a result of public comment.
The Department will publish any
significant changes resulting from
public comment.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under the ‘‘help’’ tab.
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about this modified
system of records, address them to: Lisa
C. Gillette, Director, Office of Migrant
Education, Office of Elementary and
Secondary Education, U.S. Department
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32889-32895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14690]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records
AGENCY: Office of Special Education and Rehabilitative Services and
Office of Elementary and Secondary Education, U.S. Department of
Education.
ACTION: Notice of a modified system of records; and, rescindment of a
system of records notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act), the Department of Education (Department) publishes this
notice of a modified system of records entitled the ``Personnel
Development Program Data Collection System (PDPDCS)'' (18-16-04),
formerly named the ``Special Education--Individual Reporting on
Regulatory Compliance Related to the Personnel Development Program's
Service Obligation and the Government Performance and Results Act of
1993 (GPRA),'' and this rescindment of a system of records notice
entitled ``Indian Education--Individual Reporting on Regulatory
Compliance Related to the Indian Education Professional Development
program's Service Obligation and the Government Performance and Results
Act of 1993 (GPRA)'' (18-14-05).
DATES: Submit your comments on this notice of a modified system of
records and this rescindment of a system of records notice on or before
August 9, 2019.
This modified system of records and rescinded system of records
will become applicable upon publication in the Federal Register on July
10, 2019. New routine use (10) and modified routine uses (1), (2), (3),
(5), and (9) listed under
[[Page 32890]]
the section entitled ``ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' in
the modified system of records will become applicable on August 9,
2019, unless the modified system of records notice needs to be changed
as a result of public comment. The Department will publish any
significant changes resulting from public comment.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under the ``help'' tab.
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about this modified system of records and
rescindment of a system of records notice, address them to: Personnel
Development Program Data Collection System Owner, Research to Practice
Division, Office of Special Education Programs, Office of Special
Education and Rehabilitative Services, U.S. Department of Education,
550 12th Street SW, Washington, DC 20202-2600. Telephone: (202) 245-
7395.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Personnel Development Program Data
Collection System Manager, Research to Practice Division, Office of
Special Education Programs, Office of Special Education and
Rehabilitative Services, U.S. Department of Education, 550 12th Street
SW, Washington, DC 20202-2600. Telephone: (202) 245-7395.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), you may call the Federal Relay Service (FRS), toll-
free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: The PDPDCS contains records on individuals
who are recipients of funding (scholars \1\) from grants awarded to
institutions of higher education (IHEs) and other eligible entities
(grantees) by the Office of Special Education and Rehabilitative
Services (OSERS), Office of Special Education Programs' (OSEP)
Personnel Development to Improve Services and Results for Children with
Disabilities Program (Personnel Development Program), the Office of
Elementary and Secondary Education (OESE), Office of Indian Education's
(OIE) Professional Development discretionary grant program, and the
OSERS, Rehabilitation Services Administration's (RSA) Rehabilitation
Long-Term Training (RLTT) discretionary grant program.
---------------------------------------------------------------------------
\1\ The Office of Special Education Programs (OSEP) and the
Rehabilitation Services Administration (RSA) refer to individuals
receiving OSEP and RSA grant funds, respectively, as ``scholars.''
The Office of Indian Education (OIE) refers to individuals receiving
OIE grant funds as ``participants.'' For purposes of this Notice of
a Modified System of Records and this Rescindment of a System of
Records Notice, the term ``scholars'' is used to describe
individuals receiving grant funds from OSEP, RSA, or OIE.
---------------------------------------------------------------------------
The PDPDCS allows the Department to fulfill its responsibility for
ensuring grantee and scholar compliance with program requirements. The
system also affords registered Department officials read-only access to
scholar records to monitor compliance and respond to inquiries.
Through the affected programs, IHEs and other eligible entities
provide Department funds to individuals who agree to perform a service
obligation. Scholars who do not satisfy their service obligation or
other applicable program requirements must repay all or a part of the
funding received in accordance with program regulations. The modified
system of records announced in this notice is required to track
scholars' enrollment, employment, and fulfillment of the terms of their
service obligations.
The PDPDCS system of records is being modified to include records
on scholars from grants awarded to IHEs and other eligible entities by
OESE, OIE's Professional Development, and OSERS, RSA's RLTT
discretionary grant programs. As described below, RSA will adopt the
PDPDCS to collect data on its training programs. There is no existing
system of records for the RSA to track the progress toward completion
of a scholar's service obligation.
The Department is modifying the section entitled ``SYSTEM NAME AND
NUMBER'' from ``Special Education--Individual Reporting on Regulatory
Compliance Related to the Personnel Development Program's Service
Obligation and the Government Performance and Results Act of 1993
(GPRA)'' (18-16-04) to ``Personnel Development Program Data Collection
System (PDPDCS)'' (18-16-04).
The Department is modifying the section entitled ``SECURITY
CLASSIFICATION'' to indicate that the system is unclassified.
The Department is modifying the section entitled ``SYSTEM
LOCATION(S)'' to reflect the current names and addresses of the
contractor and subcontractor who maintain the records in the system.
The Department is modifying the section entitled ``SYSTEM
MANAGER(S)'' to update the title, business address, and contact
information of the Department official in Research to Practice
Division, OSEP, OSERS, who will serve as the system manager.
The Department is modifying the sections entitled ``AUTHORITY FOR
MAINTENANCE OF THE SYSTEM,'' ``PURPOSE(S) OF THE SYSTEM,'' ``CATEGORIES
OF INDIVIDUALS COVERED BY THE SYSTEM,'' ``CATEGORIES OF RECORDS IN THE
SYSTEM,'' ``RECORD SOURCE CATEGORIES,'' and ``POLICIES AND PRACTICES
FOR STORAGE OF RECORDS'' to account for the OIE and RSA records being
integrated into the PDPDCS system, in addition to the previously
maintained OSEP records.
The section entitled ``PURPOSE(S) OF THE SYSTEM'' is further being
updated to broaden the purposes to include additional purposes of
serving as a resource for program improvement and grant monitoring and,
informing program and budgetary planning.
Additionally, the Department is modifying the section entitled
``CATEGORIES OF RECORDS IN THE SYSTEM'' to specify that the record on
the number of years a scholar needs to work to satisfy the service
obligation must be ``in eligible employment;'' the Department may ask
questions to IHEs, as well as scholars, about topics related
[[Page 32891]]
to program performance measures; program performance measures may
include certification status; and, the Department's contractor will
maintain periodic back-ups of records on a web-based data server that
collects data on scholars from grantees, scholars, and their employers.
The Department is also modifying the section entitled ``RECORD
SOURCE CATEGORIES'' to update the references to the contractor and
subcontractor who implement the web-based data collection system and to
clarify that record source categories also may include persons or
entities who provide data to the Department under the routine uses set
forth in the notice. Additionally, the Department is modifying this
section to remove language requiring IHEs and other eligible entities
to provide information on scholars who they determine will not fulfill
their service obligations because it is the Department's ultimate
responsibility to make this determination and this system of records
will generate sufficient information for the Department to do so.
Finally, the Department is modifying this section to update the name
and location of the Department's accounts receivable group to
``Accounts Receivables and Bank Management Group'' and the ``Office of
Finance and Operations,'' respectively.
The Department is also modifying the section entitled ``POLICIES
AND PRACTICES FOR STORAGE OF RECORDS'' to update references to the
Department's contractor and subcontractor; to indicate that a campus
and building security system protects hard copy records; and, to
explain that the Department's subcontractor maintains the electronic
records on its secure server.
The Department is modifying routine use (1) entitled ``Program
Purposes'' to account for the OIE and RSA records being integrated into
the PDPDCS system; and, to expand routine use (1)(b) to allow for
disclosures to grantees for monitoring, enforcement, or technical
assistance related to scholar employment.
The Department is modifying routine use (2) entitled ``Disclosure
in the Course of Responding to Breach of Data'' to permit the
Department to disclose records from this system of records in response
to a suspected or confirmed breach of the system of records; and, to
explain that such disclosures are limited to circumstances where the
Department determines that as a result of the suspected or confirmed
breach, there is a risk of harm to individuals, the Department
(including its information systems, programs, and operations), the
Federal Government, or national security.
The Department is modifying routine use (3) entitled ``Contract
Disclosure'' to remove language that referenced imposing safeguard
requirements on the contractor ``before entering into'' the contract
and that were required under subsection (m) of the Privacy Act. The
modified language clarifies that the Department will require, as part
of applicable Department contracts, contractors to whom disclosures are
made under this routine use to agree to establish and maintain
safeguards to protect the security and confidentiality of the disclosed
records.
The Department is removing routine use (4) entitled ``Disclosure
for Use by Other Law Enforcement Agencies'' because the system of
records is not used in a law enforcement capacity.
The Department is modifying newly renumbered routine use (5)
entitled ``Litigation and Alternative Dispute Resolution (ADR)
Disclosure'' to insert the word ``person'' in place of the word
``individual,'' to avoid any public confusion that may have been caused
by the Department's prior use of the word ``individual'' given that
this term is defined in the Privacy Act and to clarify that references
to ``litigation'' cover both judicial or administrative litigation.
The Department modified newly renumbered routine use (9) entitled
``Research Disclosure'' to remove language that referenced Privacy Act
safeguards and to clarify that researchers to whom disclosures are made
will be required to agree to establish and maintain safeguards to
protect the security and confidentiality of the disclosed records.
Pursuant to the requirements in Office of Management and Budget
Memorandum M-17-12 entitled ``Preparing for and Responding to a Breach
of Personally Identifiable Information,'' the Department added routine
use (10) entitled ``Disclosure in Assisting Another Agency in
Responding to a Breach of Data'' in order to permit the Department to
disclose records from this system of records in the course of assisting
another Federal agency or entity in responding to a breach of data.
The Department is modifying the section entitled ``ADMINISTRATIVE,
TECHNICAL, AND PHYSICAL SAFEGUARDS'' to specify which Department
personnel have access to the system to monitor system improvements and
upgrades; to specify a limited number of contractor and subcontractor
personnel who have administrative rights, including read and write
access, to the system; and, to explain that the system is maintained in
accordance with applicable National Institute of Standards and
Technology (NIST) standards.
The Department is modifying the sections entitled ``RECORD ACCESS
PROCEDURES,'' ``CONTESTING RECORD PROCEDURES,'' and ``NOTIFICATION
PROCEDURES'' to define and discuss the ``necessary particulars'' needed
to access, contest, or be notified of a record.
Finally, the Department is adding a section entitled ``HISTORY'' to
comply with the requirements in Office of Management and Budget
Circular No. A-108.
In addition, the ``Indian Education--Individual Reporting on
Regulatory Compliance Related to the Indian Education Professional
Development program's Service Obligation and the Government Performance
and Results Act of 1993 (GPRA)'' (18-14-05) system of records was first
published in the Federal Register on January 25, 2011 (76 FR 4334-
4338); and, contains records on individuals who are recipients of
financial assistance from grants awarded by OESE, OIE's Professional
Development program. The Department is rescinding this system of
records, with plans for the system's functions and records to be
integrated into the PDPDCS.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the person listed under FOR
FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at: www.ggovinfo.gov. At this site you can view
this document, as well as all other documents of the Department
published in the Federal Register, in text or Portable Document Format
(PDF). To use PDF you must have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
[[Page 32892]]
Dated: July 5, 2019.
Johnny W. Collett,
Assistant Secretary for Special Education and Rehabilitative Services.
Frank T. Brogan,
Assistant Secretary for Office of Elementary and Secondary Education.
For the reasons discussed in the preamble, the Assistant Secretary
for Special Education and Rehabilitative Services and the Assistant
Secretary for Elementary and Secondary Education, U.S. Department of
Education (Department), publishes a notice of a modified and rescinded
system of records to read as follows:
RESCINDED SYSTEM NAME AND NUMBER
Indian Education--Individual Reporting on Regulatory Compliance
Related to the Indian Education Professional Development program's
Service Obligation and the Government Performance and Results Act of
1993 (GPRA) (18-14-05).
HISTORY:
The Indian Education--Individual Reporting on Regulatory Compliance
Related to the Indian Education Professional Development program's
Service Obligation and the Government Performance and Results Act of
1993 (GPRA) system of records notice was published in the Federal
Register on January 25, 2011 (76 FR 4334-4338).
MODIFIED SYSTEM NAME AND NUMBER:
Personnel Development Program Data Collection System (PDPDCS) (18-
16-04).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION(S):
(1) Research to Practice Division, Office of Special Education
Programs, Office of Special Education and Rehabilitative Services, U.S.
Department of Education, 550 12th Street SW, Washington, DC 20202-2600
(2) The Department's contractor, AnLar, maintains records at Westat
Inc., 1600 Research Boulevard, Rockville, MD 20850. The contractor also
maintains a back-up on a failover server at a redundant data center
site in an adjacent location at 1600 Research Boulevard, Rockville, MD
20850.
(3) Computer Security International, 299 Herndon Parkway, VA 20170
is the location of Westat's subcontractor, where nightly back-ups of
the server data are stored.
SYSTEM MANAGER(S):
System Manager, Research to Practice Division, Office of Special
Education Programs, Office of Special Education and Rehabilitative
Services, U.S. Department of Education, 550 12th Street SW, Washington,
DC 20202-2600.
AUTHORITY FOR MAINTENANCE 0F THE SYSTEM:
This system of records is authorized for each program office by the
following legal authorities:
For the Office of Special Education Programs (OSEP), this system of
records is authorized by the Individuals with Disabilities Education
Act (IDEA), 20 U.S.C. 1400 et seq., and specifically--
(a) For funding distributed from grants made in Fiscal Year (FY)
2006 and after, 34 CFR 304.23 through 304.30, which implement section
662(h) of IDEA for those fiscal years;
(b) For funding distributed from FY 2005 grants, the notice
published in the Federal Register on March 25, 2005 (70 FR 15306),
which implements section 662(h) of IDEA for that fiscal year; and
(c) For funding distributed from grants made for FY 2004 and
earlier, 34 CFR 304.23 through 304.30 as those regulations existed at
that time, which implemented section 673(h) of the version of IDEA that
was in effect prior to December 3, 2004.
This system of records is also authorized by section 4 of the
Government Performance and Results Act of 1993 (GPRA), Public Law 103-
62.
For the Office of Indian Education (OIE), this system of records is
authorized by section 6122 of the Elementary and Secondary Education
Act of 1965, as amended (ESEA) and the related regulations in 34 CFR
part 263, subpart A.
For the Rehabilitation Services Administration (RSA), this system
of records is authorized by the Rehabilitation Act of 1973, as amended
by title IV of the Workforce Innovation and Opportunity Act (WIOA),
which requires program performance measurement and authorizes service
obligation, as well as related regulations in 34 CFR parts 385 and 386,
et seq.
PURPOSE(S) OF THE SYSTEM:
The information in this system is used for the following purposes:
Managing all aspects of the Federal service obligation requirements for
those scholars who receive Federal funds through respective OSEP, RSA,
and OIE grant programs including debt referrals to the Department's
Accounts Receivable and Bank Management Group (ARBMG); providing
accountability for resources expended under the OSEP, OIE, and RSA
training and personnel development programs in response to the
Government Performance and Results Act (GPRA); serving as a resource
for program improvement and grant monitoring; and informing program and
budgetary planning.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individuals who are recipients of
Department funds from grants awarded to institutions of higher
education (IHEs) and other eligible entities by OSEP's Personnel
Development Program, OIE's Professional Development discretionary grant
program, and RSA's Rehabilitation Long-Term Training (RLTT)
discretionary grant program.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records about scholars who receive funding
from OSEP, OIE, and RSA training grants. Information in this system
includes contact information for the grantee; the grant identification
number; each scholar's name, Social Security number (SSN), address,
telephone number, email address, and alternate contact information;
name and contact information of a person through whom the scholar can
be contacted; the number of years the scholar needs to work in eligible
employment to satisfy the service obligation; the total amount of
funding received; the time period during which the scholar must satisfy
the service obligation; eligible employment to fulfill the service
obligation; contact information for employers; and, as applicable, all
other obligations of the scholar under the regulations. Employers will
be asked to verify the employment information provided by the scholar.
In addition, IHEs and scholars may be asked questions about topics
related to program performance measures (e.g., specific areas of
training, certification status, reasons for leaving the program before
completion, gender, ethnic origin, and education history). The
contractor maintains periodic back-ups on a web-based data server that
collects data on scholars from grantees, scholars, and their employers.
This system of records does not cover records maintained in the
Department's system of records notice entitled ``Education's Central
Automated Processing System (EDCAPS)'' (18-04-04) as part of the
Department's receivables management function.
RECORD SOURCE CATEGORIES:
For OSEP grants awarded prior to FY 2005 and OIE grants awarded
prior to FY 2009, collection of information from IHEs and other
eligible entities is limited to identifying information about
[[Page 32893]]
scholars, their service obligation, and the amount of funding received.
The information for OSEP grants awarded for FY 2005 and after, OIE
grants awarded for FY 2009 and after, and RSA grants will be collected
from grantees, scholars, and scholars' employers primarily through a
web-based data collection system implemented by AnLar, a contractor of
the Department, and Westat, a subcontractor of the Department.
Through this system, information related to tracking scholars'
enrollment, employment, and fulfillment of the terms of the service
obligation and to evaluating progress on the performance measures for
the Personnel Development Program will be collected from grantees,
scholars, and the scholars' employers. When OSEP, OIE, or RSA
determines that a scholar will not fulfill the service obligation and
must instead repay some or all of the scholarship funds disbursed to
the scholar, OSEP, OIE, or RSA, respectively, will forward applicable
information to the Department's Accounts Receivables and Bank
Management Group in the Office of Finance and Operations.
Additionally, the Department may collect records from other persons
or entities from which data is obtained under the 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. The
Department may make these disclosures 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, under a computer matching
agreement.
(1) Program Purposes. The Department may disclose records from this
system of records:
(a) To the scholars' employers to verify the eligible employment of
scholars who were supported by grant funding and who are fulfilling
their service obligations.
(b) To the grantees for monitoring, enforcement, or technical
assistance related to the scholars' employment.
(2) Disclosure in the Course of Responding to 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, programs and operations), 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.
(3) Contract Disclosure. The Department may disclose records to
employees of an entity with whom the Department contracts when
disclosure is necessary for an employee of the entity to perform a
function pursuant to the Department's contract with the entity. As part
of such a contract, the Department shall require the contractor to
agree to establish and maintain safeguards to protect the security and
confidentiality of the disclosed records.
(4) Enforcement Disclosure. In the event that information in this
system of records indicates, either on its face or in connection with
other information, a violation or potential violation of any applicable
statute, regulation, or order of a competent authority, the Department
may disclose the relevant records to the appropriate agency, whether
foreign, Federal, State, Tribal, or local, charged with the
responsibility of investigating or prosecuting that violation or
charged with enforcing or implementing the statute, Executive order,
rule, regulation, or order issued pursuant thereto.
(5) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
(a) Introduction. In the event that one of the parties listed in
sub-paragraphs (i) through (v) is involved in judicial or
administrative litigation or ADR, or has an interest in litigation or
ADR, the Department may disclose certain records to the parties
described in paragraphs (b), (c), and (d) of this routine use under the
conditions specified in those paragraphs:
(i) The Department or any of its components;
(ii) Any Department employee in his or her official capacity;
(iii) Any Department employee in his or her individual capacity if
the U.S. Department of Justice (DOJ) has been requested to or has
agreed to provide or arrange for representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the Department 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 DOJ. If the Department determines that disclosure
of certain records to DOJ is relevant and necessary to the judicial or
administrative litigation or ADR, the Department may disclose those
records as a routine use to DOJ.
(c) Adjudicative Disclosure. If the Department determines that it
is relevant and necessary to the judicial or administrative litigation
or ADR to disclose 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, the Department may disclose those records as a
routine use to the adjudicative body, person, or entity.
(d) Disclosure to Parties, Counsel, Representatives, or Witnesses.
If the Department determines that disclosure of certain records to a
party, counsel, representative, or witness is relevant and necessary to
the judicial or administrative litigation or ADR, the Department may
disclose those records as a routine use to the party, counsel,
representative, or witness.
(6) Freedom of Information Act (FOIA) and Privacy Act Advice
Disclosure. The Department may disclose records to DOJ or Office of
Management and Budget (OMB) if the Department concludes that disclosure
is desirable or necessary in determining whether particular records are
required to be disclosed under the FOIA or the Privacy Act.
(7) Disclosure to DOJ. The Department may disclose records to DOJ
to the extent necessary for obtaining DOJ advice on any matter relevant
to an audit, inspection, or other inquiry related to the program
covered by this system.
(8) Congressional Member Disclosure. The Department may disclose
the records of an individual to a member of Congress or the member's
staff when necessary to respond to an inquiry from the member or the
member's staff made at the written request of that individual. The
member's right to the information is no greater than the right of the
individual who requested the inquiry.
(9) Research Disclosure. The Department may disclose records under
routine use 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
[[Page 32894]]
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
establish and maintain safeguards to protect the security and
confidentiality of the disclosed records.
(10) 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
The Department may disclose to a consumer reporting agency
information regarding a claim by the Department that the head of the
Department has determined to be valid and overdue. Such information is
limited to--(1) the name, address, taxpayer identification number, and
other information necessary to establish the identity of the individual
responsible for the claim; (2) the amount, status, and history of the
claim; and (3) the program under which the claim arose. The Department
may disclose the information specified in this paragraph under 5 U.S.C.
552a(b)(12) and the procedures contained in 31 U.S.C. 3711(e). A
consumer reporting agency to which these disclosures may be made is
defined in 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Westat, the Department's subcontractor through the AnLar contract,
maintains hard copy records of information about OSEP, OIE and RSA
scholars in locked file cabinets that are located within locked offices
protected by a campus and building security system; and, maintains
electronic records with information about OSEP, OIE, and RSA scholars
on its secure server.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system are indexed by a unique number assigned by
the PDPDCS to each individual.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
These records will be maintained and disposed of in accordance with
the records retention and disposition authority approved by the
National Archives and Records Administration (NARA). Until NARA
approves a retention and disposition schedule for these records, the
Department will not destroy or delete any records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to the records is limited to authorized personnel only. All
physical access to the Department's site, and to the sites of the
Department's contractor and subcontractor, where this system of records
is maintained, is controlled and monitored by security personnel.
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a ``need to
know'' basis, and controls individual users' ability to access and
alter records within the system. Only Contracting Officer
Representatives (CORs) assigned to the PDPDCS contract by the
Department have ``read only'' access to the PDPDCS to monitor the
improvements and upgrades to the system. A limited number of contractor
and subcontractor personnel have administrative rights, including read
and write access, to the system.
The contractor and subcontractor established secure procedures at
their sites to ensure confidentiality of data. Their systems are
required to ensure that information identifying individuals is in files
physically separated from other research data. The contractor and
subcontractor will maintain security of the complete set of all master
data files and documentation. Access to individually identifying data
is strictly controlled. At each site all hard copy data is kept in
locked file cabinets during nonworking hours, and work on hard copy
data will take place in a single room, except for data entry. Physical
security of electronic data is also maintained. Security features that
protect electronic project data include: Password-protected accounts
that authorize users to access only specific network directories and
network software on the contractor's and subcontractor's systems; and
user rights and directory and file attributes that limit those who can
access particular directories and files and determine how they can edit
them.
All security for the system is maintained in accordance with
Moderate data sensitivity controls as defined in National Institute of
Standards and Technology Special Publication 800-53 Revision 4,
``Security and Privacy Controls for Federal Information Systems and
Organizations.''
RECORD ACCESS PROCEDURES:
If you wish to gain access to your record in the system of records,
contact the system manager at the address listed above. Requests should
contain necessary particulars, such as your full name, address,
telephone number, 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 regulations in 34 CFR 5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of a record regarding you in the
system of records, contact the system manager at the address listed
above. Requests should contain necessary particulars, such as your full
name, address, telephone number, 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 in 34 CFR 5b.7.
NOTIFICATION PROCEDURES:
If you wish to determine whether a record regarding you exists in
the system of records, contact the system manager at the address listed
above. Requests should contain necessary particulars, such as your full
name, address, telephone number, 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 regulations in 34 CFR 5b.5, including proof of
identity.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The System of Records entitled ``The Special Education--Individual
Reporting on Regulatory Compliance Related to the Personnel Development
Program's Service Obligation and the Government Performance and Results
[[Page 32895]]
Act of 1993 (GPRA)'' (18-16-04) has only previously been published in
the Federal Register on October 24, 2008 (73 FR 63453-63457).
[FR Doc. 2019-14690 Filed 7-9-19; 8:45 am]
BILLING CODE 4000-01-P
