81 FR 94353 - Privacy Act of 1974; System of Records

DEPARTMENT OF EDUCATION

Federal Register Volume 81, Issue 247 (December 23, 2016)

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (the Department or ED) publishes this notice of an altered system of records entitled ``Student Loan Repayment Benefits Case Files'' (18-05-15). The system contains records and related correspondence on employees who are being considered for student loan repayment benefits under the Department's Personnel Manual Instruction 537-1 entitled ``Repayment of Federal Student Loans,'' as well as individuals who have been approved for and are receiving such benefits. The information maintained in the system of records entitled ``Student Loan Repayment Benefits Case Files'' consists of one or more of the following: Request letters from selecting officials or supervisors with supporting documentation; employees' (or potential employees') names, home and work addresses, Social Security numbers, student loan account numbers, loan balances, repayment schedules, repayment histories, and repayment status; and the loan holders' names, addresses, and telephone numbers. The information that will be maintained in the altered system of records will be collected through various sources, including directly from the individual to whom the information applies, lending institutions holding student loans for the individual to whom the information applies, officials of the Department, and official Department documents.

[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94353-94356]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30960]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

[Docket ID ED-2016-OM-0108]


Privacy Act of 1974; System of Records

AGENCY: Office of Management, Department of Education.

ACTION: Notice of an altered system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (the Department or ED) 
publishes this notice of an altered system of records entitled 
``Student Loan Repayment Benefits Case Files'' (18-05-15). The system 
contains records and related correspondence on employees who are being 
considered for student loan repayment benefits under the Department's 
Personnel Manual Instruction 537-1 entitled ``Repayment of Federal 
Student Loans,'' as well as individuals who have been approved for and 
are receiving such benefits. The information maintained in the system 
of records entitled ``Student Loan Repayment Benefits Case Files'' 
consists of one or more of the following: Request letters from 
selecting officials or supervisors with supporting documentation; 
employees' (or potential employees') names, home and work addresses, 
Social Security numbers, student loan account numbers, loan balances, 
repayment schedules, repayment histories, and repayment status; and the 
loan holders' names, addresses, and telephone numbers. The information 
that will be maintained in the altered system of records will be 
collected through various sources, including directly from the 
individual to whom the information applies, lending institutions 
holding student loans for the individual to whom the information 
applies, officials of the Department, and official Department 
documents.

DATES: Submit your comments on this altered system of records notice on 
or before January 23, 2017.
    The Department filed a report describing the altered system of 
records covered by this notice with the Chair of the Senate Committee 
on Homeland Security and Governmental Affairs, the Chair of the House 
Committee on Oversight and Government Reform, and the Administrator of 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget (OMB), on December 15, 2016. This altered system of records 
will become effective on the later of: (1) The expiration of the 40-day 
period for OMB review on January 24, 2017 unless OMB waives 10 days of 
the 40-day review period for compelling reasons shown by the 
Department; or (2) January 23, 2017, unless the altered system of 
records notice needs to be changed as a result of public comment or OMB 
review. The Department will publish any changes resulting from public 
comment or OMB review.

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 altered system of records, 
address them to: Cassandra Cufee-Graves, Director, Office of Human 
Resources, Learning and Development Division, U.S. Department of 
Education, 400 Maryland Avenue SW., Washington, DC 20202-4573.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will supply an appropriate aid, such 
as a reader or print magnifier, to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of aid, please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Cassandra Cufee-Graves, Director, 
Office of Human Resources, Learning and Development Division. 
Telephone: (202) 453-5588.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you may call the Federal Relay Service (FRS) at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION: 
    Introduction: The Privacy Act (5 U.S.C. 552a) requires the 
Department to publish in the Federal Register this notice of an altered 
system of records maintained by the Department. The Department's 
regulations implementing the Privacy Act are contained in the Code of 
Federal Regulations (CFR) in 34 CFR part 5b. The Privacy Act applies to 
information about an individual that contains individually identifiable 
information that is retrieved by a unique identifier associated with 
each individual, such as a name or Social Security number. The 
information about each individual is called a ``record,'' and the 
system, whether manual or computer-based, is called a ``system of 
records.'' The Privacy Act requires each agency to publish notices of 
systems of records in the Federal Register and to prepare reports for 
OMB whenever the agency publishes a new system of records or makes a 
significant change to an established system of records. Each agency is 
also required to send copies to the Chair of the Senate Committee on 
Governmental Affairs and the Chair of the House Committee on Government 
Reform. These reports are intended to permit an evaluation of the 
probable or potential effect of the proposal on the privacy or other 
rights of individuals.
    The Student Loan Repayment Benefits Case Files (18-05-15) system of 
records was last published in the Federal Register on May 29, 2002 (67 
FR 37411). The system is being altered to add a routine use to permit 
the Department to make a disclosure in the case of a breach of 
personally identifiable information in the system as well as a routine 
use to

[[Page 94354]]

permit the Department to make a disclosure to labor organizations when 
relevant and necessary to their duties of exclusive representation. We 
are also making changes to how the information is stored, noting that 
hard copy files are stored in locked file cabinets and electronic files 
are stored on the SharePoint platform on the Department's network. 
There are also updates in retrievability as records can be retrieved by 
name or the ED organization that the individual is employed by, as well 
as added references to SharePoint in the explanation of the system of 
record's safeguarding of information.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. At this site you can view this document, as well 
as all other documents of the Department published in the Federal 
Register, in text or Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: December 19, 2016.
Andrew Jackson,
Assistant Secretary for Management.
18-05-15

SYSTEM NAME:
    Student Loan Repayment Benefits Case Files.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Office of Human Resources, Learning and Development Division, 
Office of Management, U.S. Department of Education (Department), 400 
Maryland Avenue SW., Washington, DC 20202-4573.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records and related correspondence on 
employees who are being considered for student loan repayment benefits 
under the Department's Personnel Manual Instruction 537-1 entitled 
``Repayment of Federal Student Loans,'' as well as individuals who have 
been approved for and are receiving such benefits.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains correspondence and other documents related to 
requests made by selecting officials or supervisors to offer student 
loan repayment benefits to recruit or retain highly qualified 
employees. This system contains: (1) Request letters from selecting 
officials or supervisors with supporting documentation; (2) employees' 
(or potential employees') names, home and work addresses, Social 
Security numbers, student loan account numbers, loan balances, 
repayment schedules, repayment histories, and repayment status; and (3) 
the loan holders' names, addresses, and telephone numbers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Floyd D. Spence National Defense Authorization Act of Fiscal 
Year 2001 (Pub. L. 106-398); 5 U.S.C. 5379, as amended, and 
implementing regulations at 5 CFR part 537.

PURPOSE(S):
    These records are maintained to determine eligibility and benefits 
and to process requests to offer student loan repayment benefits to 
employees under authority set forth at 5 U.S.C. 5379. The Department 
uses these records to prepare its reports for the Office of Personnel 
Management (OPM) as is required by 5 CFR 537.110. The Department will 
also refer information from this system to loan holders for collection 
activities in the case of any student loan default or delinquency that 
becomes known to the Department in the course of determining an 
employee's (or potential employee's) eligibility for student loan 
repayment benefits because of the Department's mission responsibilities 
for Federal student loan programs and its role in promoting their 
responsible use by student borrowers.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The Department may disclose information contained in a record in 
this system of records under the routine uses listed in this system of 
records without the consent of the individual if the disclosure is 
compatible with the purposes for which the record was collected. These 
disclosures may be made on a case-by-case basis or, if the Department 
has complied with the computer matching requirements of the Privacy Act 
of 1974, as amended (Privacy Act), under a computer matching agreement.
    (1) Personnel Management Disclosure. The Department may disclose as 
a routine use to OPM any records or information in this system of 
records that OPM requests or requires pursuant to OPM's oversight and 
regulatory functions.
    (2) Salary Offset or Debt Collection Disclosures. The Department 
may disclose records in this system to other Federal agencies, hearing 
or court officials, and present employers of an employee in order for 
the Department to obtain repayment, if an employee fails to complete 
the period of employment under a service agreement and fails to 
reimburse the Department the amount of any student loan repayment 
benefits the employee received from the Department.
    (3) Disclosure to Other Federal Agencies. The Department may 
disclose records in this system to its payroll processing provider in 
order to calculate tax withholdings and disburse payments of student 
loan repayment benefits to loan holders on behalf of employees approved 
to receive this benefit.
    (4) Disclosure to Student Lending Institutions or Loan Holders. The 
Department may disclose to student lending institutions or loan holders 
records from this system as a routine use disclosure in order to obtain 
information (such as the borrower's account number, original and 
current loan balance, repayment schedule, repayment history, and 
current repayment status) to allow the Department to determine an 
employee's or potential employee's initial and continuing eligibility 
for this benefit, to facilitate accurate payments to student loan 
holders on behalf of eligible employees, and to ensure the Department 
discontinues making student loan repayments to individuals who do not 
remain eligible for them during the period of the service agreement. 
The Department also may disclose to loan holders records from this 
system of records as a routine use disclosure in the event it becomes 
known to the Department during the course of its program eligibility 
determinations that an individual is past due, delinquent, or in 
default of a federally insured student loan so that the Department can 
facilitate the loan holder's collection of any past due, delinquent, or 
defaulted student loans,

[[Page 94355]]

because of the Department's mission responsibilities for Federal 
student loan programs and its role in promoting their responsible use 
by student borrowers.
    (5) Disclosure for Use by Other Law Enforcement Agencies. The 
Department may disclose information to any Federal, State, local, or 
foreign agency, or other public authority responsible for enforcing, 
investigating, or prosecuting violations of administrative, civil, or 
criminal law or regulation, if that information is relevant to any 
enforcement, regulatory, investigative, or prosecutorial responsibility 
within the receiving entity's jurisdiction.
    (6) 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.
    (7) Litigation and Alternative Dispute Resolution (ADR) 
Disclosures.
    (a) Introduction. In the event that one of the parties listed below 
is involved in 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 component of the Department; or
    (ii) Any Department employee in his or her official capacity; or
    (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 
where the Department requests representation for or has agreed to 
represent the employee; or
    (v) The United States where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the 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 
disclosure of certain records to an adjudicative body before which the 
Department is authorized to appear, or an individual or entity 
designated by the Department or otherwise empowered to resolve or 
mediate disputes, is relevant and necessary to litigation or ADR, the 
Department may disclose those records as a routine use to the 
adjudicative body, individual, or entity.
    (d) Parties, Counsels, Representatives, and Witnesses. If the 
Department determines that disclosure of certain records to a party, 
counsel, representative, or witness is relevant and necessary to 
litigation or ADR, the Department may disclose those records as a 
routine use to the party, counsel, representative, or witness.
    (8) Employment, Benefit, and Contracting Disclosure.
    (a) For Decisions by the Department. The Department may disclose a 
record to a Federal, State, or local agency maintaining civil, 
criminal, or other relevant enforcement or other pertinent records, or 
to another public authority or professional organization, if necessary 
to obtain information relevant to a Department decision concerning the 
hiring or retention of an employee or other personnel action, the 
issuance of a security clearance, the letting of a contract, or the 
issuance of a license, grant, or other benefit.
    (b) For Decisions by Other Public Agencies and Professional 
Organizations. The Department may disclose a record to a Federal, 
State, local, or foreign agency or other public authority or 
professional organization, in connection with the hiring or retention 
of an employee or other personnel action, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit, to the extent that the record is relevant and necessary to the 
receiving entity's decision on the matter.
    (9) Employee Grievance, Complaint, or Conduct Disclosure. The 
Department may disclose a record in this system of records to another 
agency of the Federal Government if the record is relevant to one of 
the following proceedings regarding a present or former employee of the 
Department: A complaint, a grievance, or a disciplinary or competency 
determination proceeding. The disclosure may only be made during the 
course of the proceeding.
    (10) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records to 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.
    (11) Disclosure to the Department of Justice. The Department may 
disclose records to the DOJ to the extent necessary for obtaining DOJ 
advice on any matter relevant to an audit, inspection, or other inquiry 
related to the program covered by this system.
    (12) 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.
    (13) 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 a contractor, the 
Department may disclose the records to those employees. Before entering 
into such a contract, the Department shall require the contractor to 
maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with 
respect to the records in the system.
    (14) Disclosure in the Course of Responding to a Breach of Data. 
The Department may disclose records from this system to appropriate 
agencies, entities, and persons when: (a) The Department suspects or 
has confirmed that the security or confidentiality of information in 
the system of records has been compromised; (b) the Department has 
determined that as a result of the suspected or confirmed compromise, 
there is a risk of harm to economic or property interests, identity 
theft, fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by the Department or 
another agency or entity) that rely upon the compromised information; 
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 compromise and 
prevent, minimize, or remedy such harm.
    (15) Labor Organization Disclosure. The Department may disclose 
records from this system of records to an arbitrator to resolve 
disputes under a negotiated grievance procedure or to officials of 
labor organizations recognized under 5 U.S.C. chapter 71 when relevant 
and necessary to their duties of exclusive representation.

[[Page 94356]]

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may 
disclose to a consumer reporting agency information regarding a claim 
by the Department that is determined to be valid and overdue as 
follows: (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 subsection 31 U.S.C. 
3711(e). A consumer reporting agency to which these disclosures may be 
made is defined at 31 U.S.C. 3701(a)(3).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in hard copy in locked file cabinets and 
electronically on the SharePoint platform, which runs on the 
Department's network (EDUCATE).

RETRIEVABILITY:
    Records are retrievable by the name of the individual or by the 
organization within the Department where the individual works.

SAFEGUARDS:
    All physical access to the building where this system of records is 
maintained is controlled and monitored by security personnel who check 
each individual entering the building for an employee or visitor badge. 
Hard copy records are stored in locked metal filing cabinets, with 
access limited to personnel whose duties require access. Electronic 
records are stored on the SharePoint network, which runs on the 
Department's network (EDUCATE). The network complies with the security 
controls and procedures described in the Federal Information Security 
Management Act (FISMA), National Institute of Standards and Technology 
(NIST) Special Publications, and Federal Information Processing 
Standards (FIPS). Some specific security controls in place include:
    Operating systems and infrastructure devices are hardened in 
accordance with NIST and Department guidance.
    Intrusion Detection Systems are deployed at the Intranet and 
Internet edges and are actively monitored by the Security Operations 
Center (SOC).
    Vulnerability scans are conducted periodically to ensure supporting 
systems and all applications are at the highest state of security and 
are patched accordingly.
    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. Personal 
computers used to access the electronic records are password protected 
and passwords are changed periodically throughout the year.

RETENTION AND DISPOSAL:
    Service agreements between the Department and an employee and 
related supporting documents resulting in approval for program benefits 
will be retained for a period of three years after the employee 
satisfies the terms and conditions of the agreement. All other 
documents will be retained in accordance with the National Archives and 
Records Administration (NARA) General Records Schedules (GRS) 1.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Office of Human Resources, Learning and Development 
Division, U.S. Department of Education, 400 Maryland Avenue SW., 
Washington, DC 20202-4573.

NOTIFICATION PROCEDURE:
    If you wish to inquire whether a record exists regarding you in 
this system, you should contact the system manager at the address 
listed above. You must provide your name, name of organization, and 
subject matter. Your request must meet the requirements of the 
Department's Privacy Act regulations at 34 CFR 5b.5, including proof of 
identity.

RECORD ACCESS PROCEDURES:
    If you wish to request access to your records, you should contact 
the system manager at the address listed above. You must comply with 
the Department's Privacy Act regulations at 34 CFR 5b.5, including 
proof of identity.

CONTESTING RECORD PROCEDURES:
    If you wish to request an amendment to your records, you should 
contact the system manager at the address listed above. Your request 
must meet the requirements of the Department's Privacy Act regulations 
at 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from the 
individual to whom the information applies, lending institutions 
holding student loans for the individual to whom the information 
applies, officials of the Department, and official Department 
documents.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2016-30960 Filed 12-22-16; 8:45 am]
BILLING CODE 4000-01-P