Privacy Act of 1974; System of Records, 52873-52877 [2019-21532]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 84, Number 192 (Thursday, October 3, 2019)]
[Notices]
[Pages 52873-52877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21532]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2019-OPEPD-0108]


Privacy Act of 1974; System of Records

AGENCY: Office of Planning, Evaluation and Policy Development, 
Department of Education.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (the Department) publishes 
this notice of a new system of records entitled ``Presidential 
Cybersecurity Education Award'' (18-15-01). Pursuant to Executive Order 
13870 of May 2, 2019, as published in the Federal Register on May 9, 
2019 (Executive Order 13870), the Department, in consultation with the 
Deputy Assistant to the President for Homeland Security and 
Counterterrorism and the National Science Foundation, has developed and 
implemented, consistent with applicable law, an annual Presidential 
Cybersecurity Education Award to be presented to one elementary and one 
secondary school educator per year who demonstrate superior achievement 
in instilling skills, knowledge, and passion with respect to 
cybersecurity and cybersecurity-related subjects. The Department will 
solicit nominations for the two individual educators who will be 
awarded this Presidential Cybersecurity Education Award.

[[Page 52874]]


DATES: Submit your comments on this new system of records notice on or 
before November 4, 2019.
    This new system of records will become applicable upon publication 
in the Federal Register on October 3, 2019. All proposed routine uses 
in the paragraph entitled ``ROUTINE USES OF RECORDS MAINTAINED IN THE 
SYSTEM INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will 
become applicable on November 4, 2019, unless the new system of records 
notice needs to be changed as a result of public comment. The 
Department will publish any changes to the system of records 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 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: Awards Coordinator, Presidential Cybersecurity 
Education Awards, Office of Planning, Evaluation and Policy 
Development, U.S. Department of Education, 400 Maryland Avenue SW, 
Washington, DC 20202.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will 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: Jean Morrow, Presidential 
Cybersecurity Education Award, Office of Planning, Evaluation and 
Policy Development, U.S. Department of Education, 400 Maryland Avenue 
SW, Washington, DC 20202, or by email at [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you may call the Federal Relay Service at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION:  The information maintained in this system 
will be used to (1) review and evaluate applications and nominations of 
candidates, including, but not limited to, assessing candidate 
eligibility, in order to select one elementary and one secondary 
educator to whom the Department will present on an annual basis, the 
Presidential Cybersecurity Education Award; (2) develop and implement 
the Presidential Cybersecurity Education Award program's annual 
recognition component; and, (3) carry out the responsibilities set 
forth in section 3(c) of Executive Order 13870.
    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.govinfo.gov. 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 30, 2019.
James Blew,
Assistant Secretary, Office of Planning, Evaluation and Policy 
Development.

    For the reasons discussed in the preamble, the Assistant Secretary, 
Office of Planning, Evaluation and Policy Development, U.S. Department 
of Education (Department), publishes a notice of a new system of 
records to read as follows:
SYSTEM NAME AND NUMBER:
    Presidential Cybersecurity Education Award (18-15-01).
SECURITY CLASSIFICATION:
    Unclassified.
SYSTEM LOCATION:
    Office of Planning, Evaluation and Policy Development, 400 Maryland 
Avenue SW, Washington, DC 20202.
SYSTEM MANAGER(S):
    Awards Coordinator, Presidential Cybersecurity Education Award, 
Office of Planning, Evaluation and Policy Development, U.S. Department 
of Education, 400 Maryland Avenue SW, Washington, DC 20202. The email 
address is: [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Executive Order 13870 of May 2, 2019, entitled, ``America's 
Cybersecurity Workforce,'' as published in the Federal Register at 84 
FR 20523 (May 9, 2019) (Executive Order 13870).
PURPOSE(S) OF THE SYSTEM:
    The records maintained in this system will be used to (1) review 
and evaluate applications and nominations of candidates, including, but 
not limited to, assessing candidate eligibility, in order to select one 
elementary and one secondary educator to whom the Department will 
present, on an annual basis, the Presidential Cybersecurity Education 
Award; (2) develop and implement the Presidential Cybersecurity 
Education Award program's annual recognition component; and, (3) carry 
out the responsibilities set forth in section 3(c) of Executive Order 
13870.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on elementary and secondary educators 
who apply or are nominated for the Presidential Cybersecurity Education 
Award.
CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of records about each applicant and nominee, 
including, but not limited to, their: (1) Name, (2) level of education 
taught; (3) city and State; (4) school, school district, or

[[Page 52875]]

facility; and, (5) work name, address, email address, and contact 
number.
    The system also contains applicant or nominee narrative responses 
addressing the applicant's or nominee's superior educator 
accomplishment (without respect to research, scholarship, or technology 
development) and the academic achievement of their students. Examples 
of information provided in narrative responses regarding the 
applicant's or nominee's superior educator accomplishment include, but 
are not limited to, whether the educator taught the knowledge, skills, 
and abilities of the National Initiative for Cybersecurity Education 
(NICE) Cybersecurity Workforce Framework; increased cybersecurity 
career awareness; infused cybersecurity across their educational 
portfolio; integrated innovative cybersecurity educational approaches; 
developed work-based learning and training through an educator-employer 
partnership or consortia; designed academic and/or career pathways 
aligned to the NICE Framework and the multi-part definition of career 
pathways set forth in Section 3 of the Workforce Innovation and 
Opportunity Act; started a successful cyber program, club, competition 
team, or mentoring program; attended professional development 
workshops; attended a cyber camp; earned an industry-valued credential 
or certification in a cybersecurity or cybersecurity-related subject; 
and scaled or repeated the cybersecurity intervention (e.g., lesson, 
partnership, etc.) across the school district, State, or country. 
Examples of information provided in narrative responses regarding the 
academic achievement of the educator's students include, but are not 
limited to, whether the students achieved high grades; a concentration 
in a Career Technical Education (CTE) cybersecurity program of study; 
passage of performance-based assessments; participation in work-based 
learning opportunity via an internship, apprenticeship, or job; and, an 
industry-valued credential (including trade or degree) in 
cybersecurity. The system also includes information in the narrative 
responses addressing how the educator has accomplished (if applicable) 
the following: (1) Built strong foundations for cybersecurity literacy; 
(2) increased diversity, equity, and inclusion in cybersecurity; and 
(3) prepared the cybersecurity workforce for the future.
    The system also contains references provided in connection with 
applications and nominations, such as references from principals, 
school district superintendents, and general references (e.g., a 
parent, local industry leader, community leader, etc., with whom the 
educator has worked before), including the references' work contact 
email addresses and telephone numbers.
RECORD SOURCE CATEGORIES:
    Information in this system is obtained from individual educators 
who apply and persons submitting nominations on behalf of other 
educators. Information also may be obtained 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 (Privacy Act), under a computer 
matching agreement.
    (1) Programmatic Purposes. The Department may disclose information 
from this system of records as part of the Department's review and 
evaluation of candidate applications and nominations, and in order to 
promote the selection and recognition of recipients of the Presidential 
Cybersecurity Education Award, along with the visibility of the award 
itself, to the following entities for the purposes specified:
    (a) Disclosures to the General Public Announcing the Awardees. The 
Department will disclose to the general public, via the Department's 
website, the name, State, city, and school name of each awardee.
    (b) Disclosures to Individuals and Entities Assisting the 
Department in Arranging Awardee Accommodations, Transportation, and 
Other Services. The Department may provide information from this system 
of records to individuals and entities, such as vendors, in preparation 
for and in connection with the awards ceremony held, annually, by the 
Department in Washington, DC, and related educational and celebratory 
activities.
    (c) Disclosures to National, State, and Local Media to Publicize 
the Awardees and Respond to Press Inquiries about Them. The Department 
may disclose awardee information from this system of records to 
national, State, and local media for the purposes of publicizing the 
awardees and responding to press inquiries about them.
    (d) Disclosures to the White House and Federal Agencies for 
Briefings, Speechwriting, or to Obtain Security Clearances. The 
Department may disclose awardee information from this system of records 
to the White House and Federal agencies for any speechwriting and 
briefings for officials addressing the awardees or guests at 
recognition events, or to permit awardees to obtain security clearances 
to attend such events or to gain entry into buildings with limited 
access, as appropriate.
    (e) Disclosures to National, State, and Locally Elected Officials 
and Their Respective Staff to Notify Them of Awardees in their States 
or Districts or to Assist with Other Activities to Recognize These 
Individuals. The Department may disclose records from this system of 
records to national, State, and locally elected officials to notify 
them of awardees in their States or districts or to assist with 
preparing congratulatory letters, certificates, or other honors or 
scheduling events or office visits in Washington, DC, or elsewhere.
    (f) Disclosures to State and Local Education Officials to Notify 
Them of Awardees in Their States, Districts, or Schools. The Department 
may disclose awardee information from this system of records to Chief 
State School Officers, Superintendents of school districts, principals, 
and guidance counselors for the purpose of notifying them of the 
awardees in their States, districts, or schools.
    (g) Disclosures to References. The Department may disclose 
information on applicants and nominees to references listed in 
applications and nominations in order to permit the Department to 
verify: (1) Superior educator accomplishment; (2) academic achievement 
by the educator's students; and (3) that the educator is in good 
standing, such as that the educator is not on probation, has received 
positive yearly reviews, etc.
    (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 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

[[Page 52876]]

Order, rule, regulation, or order issued pursuant thereto.
    (3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (a) Introduction. In the event that one of the parties listed in 
sub-paragraphs (i) through (v) is involved in judicial or 
administrative litigation or ADR, or has an interest in judicial or 
administrative litigation or ADR, the Department may disclose certain 
records to the parties described in paragraphs (b), (c), and (d) of 
this routine use under the conditions specified in those paragraphs:
    (i) The Department of Education, or any component of the 
Department;
    (ii) Any Department employee in his or her official capacity;
    (iii) Any Department employee in his or her individual capacity if 
the Department of Justice (DOJ) has agreed or has been requested to 
provide or arrange for representation for the employee;
    (iv) Any Department employee in his or her individual capacity if 
the agency has agreed to represent the employee; or
    (v) The United States if the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the DOJ. If the Department determines that 
disclosure of certain records to the DOJ is relevant and necessary to 
litigation or ADR, the Department may disclose those records as a 
routine use to the DOJ.
    (c) Adjudicative Disclosures. If the Department determines that it 
is relevant and necessary to the litigation or ADR to disclose certain 
records to an adjudicative body, whether judicial or administrative, 
before which the Department is authorized to appear or to a person or 
an entity designated by the Department or otherwise empowered to 
resolve or mediate disputes, the Department may disclose those records 
as a routine use to the adjudicative body, person, or entity.
    (d) Disclosure to Parties, 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 litigation or ADR, the Department may disclose those records as a 
routine use to the party, counsel, representative, or witness.
    (4) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records from this system of 
records to the DOJ or the Office of Management and Budget (OMB) if the 
Department concludes that disclosure is desirable or necessary in 
determining whether particular records are required to be disclosed 
under the FOIA or the Privacy Act.
    (5) Disclosure to the DOJ. The Department may disclose records from 
this system of 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 Presidential Cybersecurity Education Awards 
covered by this system.
    (6) Contract Disclosure. If the Department contracts with an entity 
for the purposes of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records to those employees. As part of such a 
contract, the Department shall require the contractor to agree to 
establish and maintain safeguards to protect the security and 
confidentiality of the disclosed records.
    (7) 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 
establish and maintain safeguards to protect the security and 
confidentiality of the disclosed records.
    (8) 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.
    (9) Disclosure in the Course of Responding to a Breach of Data. The 
Department may disclose records from this system of 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 
operation), the Federal Government, or national security; and (c) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist the Department's efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm.
    (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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records are maintained on an access-controlled electronic 
system.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records are retrieved by the applicant's or nominee's name, 
State, school, and year of nomination, if applicable.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records are retained and disposed of in accordance with 
Department Records Schedule 102: Recognition Programs Files (N1-441-09-
6), Items (d) and (e). The Department will transfer official 
recognition program records, such as final publications awards, 
photographs, and videos, to the National Archives and Records 
Administration annually upon the close of the program awards cycle. 
Background recognition program records, namely, records received as 
part of the application or nomination process, may be destroyed four 
(4) years after cut off, which occurs annually upon the close of the 
program awards cycle.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All physical access to the Department of Education site where this 
system of records is maintained and the sites of the Department of 
Education's staff and contractors with access to the system is 
controlled and monitored by security personnel who check each 
individual entering the building for his or her employee or visitor 
badge.
    The computer systems employed by the Department and its contractors 
offer a high degree of security against tampering and circumvention. 
These

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security systems limit data access to Department and contract personnel 
on a ``need to know'' basis and control individual users' ability to 
access and alter records within the system.
RECORD ACCESS PROCEDURES:
    If you wish to gain access to a record regarding you in the system 
of records, contact the system manager at the address listed above. You 
must provide necessary particulars, such as your name 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 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. You must provide 
necessary particulars, such as your name 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 34 CFR 5b.7.
NOTIFICATION PROCEDURES:
    If you wish to determine whether a record exists regarding you in 
the system of records, contact the system manager at the address listed 
above. You must provide necessary particulars, such as your name 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 34 CFR 5b.5, including 
proof of identity.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.
HISTORY:
    None.
[FR Doc. 2019-21532 Filed 10-2-19; 8:45 am]
BILLING CODE 4000-01-P