83_FR_27701 83 FR 27587 - Privacy Act of 1974; System of Records

83 FR 27587 - Privacy Act of 1974; System of Records

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 114 (June 13, 2018)

Page Range27587-27591
FR Document2018-12700

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 for the ``Customer Engagement Management System (CEMS)'' (18-11-11) to expand the CEMS system to cover records that the Department previously maintained in the Department's system of records entitled ``Common Services for Borrowers (CSB)'' (18-11-16) to carry out the responsibilities of the Department to receive, review, evaluate, process, and render decisions on the eligibility of individuals for relief under the borrower defense regulations and, where requests for borrower defense to repayment are successful, to determine the relief that is appropriate to borrowers under the circumstances as well as to initiate appropriate proceedings to require schools whose acts or omissions resulted in the successful defenses against repayment to pay the Department the amounts of the loans to which the defenses apply. This modification also renames the system of records, which was formerly entitled the ``Office of the Student Loan Ombudsman Records.'' The Department previously created the system of records entitled the ``Office of the Student Loan Ombudsman Records'' for a number of purposes related to the duties and responsibilities of the Ombudsman, including verifying the identities of individuals; recording complaints and comments; tracking individual cases through final resolution; reporting trends; analyzing the data to recommend improvements in the Student Financial Assistance Programs; and assisting in the resolution of disputes.

Federal Register, Volume 83 Issue 114 (Wednesday, June 13, 2018)
[Federal Register Volume 83, Number 114 (Wednesday, June 13, 2018)]
[Notices]
[Pages 27587-27591]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12700]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2018-FSA-0053]


Privacy Act of 1974; System of Records

AGENCY: Federal Student Aid, Department of Education.

ACTION: Notice of a Modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (Department) publishes this 
notice of a modified system of records for the ``Customer Engagement 
Management System (CEMS)'' (18-11-11) to expand the CEMS system to 
cover records that the Department previously maintained in the 
Department's system of records entitled ``Common Services for Borrowers 
(CSB)'' (18-11-16) to carry out the responsibilities of the Department 
to receive, review, evaluate, process, and render decisions on the 
eligibility of individuals for relief under the borrower defense 
regulations and, where requests for borrower defense to repayment are 
successful, to determine the relief that is appropriate to borrowers 
under the circumstances as well as to initiate appropriate proceedings 
to require schools whose acts or omissions resulted in the successful 
defenses against repayment to pay the Department the amounts of the 
loans to which the defenses apply. This modification also renames the 
system of records, which was formerly entitled the ``Office of the 
Student Loan Ombudsman Records.'' The Department previously created the 
system of records entitled the ``Office of the Student Loan Ombudsman 
Records'' for a number of purposes related to the duties and 
responsibilities of the Ombudsman, including verifying the identities 
of individuals; recording complaints and comments; tracking individual 
cases through final resolution; reporting trends; analyzing the data to 
recommend improvements in the Student Financial Assistance Programs; 
and assisting in the resolution of disputes.

DATES: Submit your comments on this modified system of records notice 
on or before July 13, 2018.
    This modified system of records will become applicable upon 
publication in the Federal Register on June 13, 2018, unless the 
modified system of records notice needs to be changed as a result of 
public comment.
    Modified routine uses (1), (3), (5), (7), and (10) and new routine 
uses (8) and (11) listed under ``ROUTINE USES OF RECORDS MAINTAINED IN 
THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' 
will become applicable on July 13, 2018, 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: Ombudsman/Director, Ombudsman Group, Customer 
Experience, FSA, U.S. Department of Education, 830 First Street NE, 4th 
Floor/MC-5144, Union Center Plaza (UCP), Washington, DC 20202-5144.
    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: Joyce DeMoss, Ombudsman/Director, 
Ombudsman Group, Customer Experience, FSA, U.S. Department of 
Education, 830 First Street NE, 4th Floor/MC-5144, Union Center Plaza 
(UCP), Washington, DC 20202-5144. Telephone: (202) 377-3992.
    If you use a telecommunications device for the deaf (TDD) or text 
telephone (TTY), you may call the Federal Information Relay Service 
(FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: The Department is renaming the system of 
records from the ``Office of the Student Loan Ombudsman Records'' to 
the ``Customer Engagement Management System (CEMS).'' The system of 
records described in this notice maintains records on individuals who 
are, were, or may be participants in any of the Student Financial 
Assistance Programs authorized under title IV of the Higher Education 
Act of 1965, as amended (HEA) who request assistance, directly or 
through a designated third party, from the Department. The CEMS 
maintains the information for a number of purposes related to the 
duties and responsibilities of the Ombudsman and the FSA Enforcement 
Office, including: Verifying the identities of individuals; recording 
complaints and comments; tracking individual cases through final 
resolution; reporting trends; analyzing the data to recommend 
improvements in student financial assistance programs; and assisting in 
the informal resolution of disputes. In addition, the system of records 
described in this notice maintains records on individuals who have 
asserted defenses to the repayment of their Federal student loans, also 
known as ``borrower defenses,'' pursuant to the Department's 
regulations at 34 CFR 685.206. These records are maintained to carry 
out the responsibilities of the Department to receive, review, 
evaluate, process, and render decisions on the eligibility of 
individuals for relief under the borrower defense regulations, which 
may include the discharge of a William D. Ford Federal Direct Loan 
(Direct Loan) Program loan and further relief as determined by the 
Secretary, as well as the initiation of appropriate proceedings to 
require schools whose acts or omissions resulted in successful defenses 
against repayment to pay the Department the amounts of the loans to 
which the defenses apply.
    The CEMS consists of a variety of records that identify 
individuals' complaints, requests for assistance, or other inquiries. 
Records include, but are not limited to: Written documentation

[[Page 27588]]

of an individual's complaint, request for assistance, or other comment 
or inquiry; and information pertaining to a student's or parent's 
student financial assistance program account(s) under title IV of the 
HEA, such as the individual's name, Social Security number, date of 
birth, address, telephone number(s), and FSA ID. Additionally, records 
may include the name, address, and phone numbers of school(s), 
lender(s), secondary holder(s) or lender(s), guaranty agency(ies), 
servicer(s), and private collection agency(ies), if applicable. The 
system of records also contains loan level information, and data 
submitted by individuals who have requested relief from Federal student 
loan repayment under the borrower defense to repayment regulations, as 
well as data that may be submitted by schools or other entities in 
connection with individuals' discharge requests.
    The Department is modifying the section of the notice entitled 
``AUTHORITY FOR MAINTENANCE OF THE SYSTEM'' to include 20 U.S.C. 
1087e(h), which is the Department's authority to collect records on 
individuals who have requested relief under the borrower defense 
regulations.
    The Department is modifying the section of the notice entitled 
``PURPOSE(S) OF THE SYSTEM'' to include the duties and responsibilities 
of FSA to provide relief under the borrower defense regulations, 
including the receipt, review, evaluation, and processing of requests 
for relief under the borrower defense to repayment regulations, the 
rendering of decisions on the merits of such requests, and, where 
requests for borrower defense to repayment are successful, the 
determination of the relief that is appropriate to borrowers under the 
circumstances as well as the initiation of appropriate proceedings to 
require schools whose acts or omissions resulted in the successful 
defenses against repayment to pay the Department the amounts of the 
loans to which the defenses apply.
    The Department is modifying the section of the notice entitled 
``CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM'' to include 
individuals who request relief under borrower defense to repayment 
regulations from the Department.
    The Department is modifying the section of the notice entitled 
``CATEGORIES OF RECORDS IN THE SYSTEM'' to include individuals' 
requests for relief and related records under the borrower defense to 
repayment regulations and to indicate that records may contain other 
loan level data.
    The Department is modifying the section of the notice entitled 
``RECORD SOURCE CATEGORIES'' to include as record source categories 
third parties who provide data to the Department under the routine uses 
set forth below. The Department is also modifying this section to 
clarify that in addition to obtaining information from the individuals 
(e.g., borrowers), the Department also may obtain information from the 
individuals' counsel or representatives, or from students or their 
parents (if the individual is a borrower and depending on whether the 
individual is a parent or student). This Section also has been revised 
by adding that the Department may obtain information from accreditors 
in addition to the sources previously listed, which were Federal 
agencies, State agencies, schools, lenders, private collection 
agencies, and guaranty agencies.
    The Department is making several modifications to routine use (1) 
entitled ``Program Disclosure.'' First, the Department is including 
requests for relief under the borrower defense regulations as one of 
the types of requests for which the Department may disclose records and 
clarifying that the Department may disclose records where a request for 
borrower defense to repayment is successful in order to determine the 
relief that is appropriate under the circumstances as well as to 
initiate the appropriate proceeding to require the school whose acts or 
omissions resulted in the successful defense against repayment to pay 
the Department the amount of the loan to which the defense applies. 
Disclosing records where a request for borrower defense to repayment is 
successful in order to determine the relief that is appropriate under 
the circumstances was previously authorized by ``routine uses'' 
published in the ``Common Services for Borrowers (CSB)'' system of 
records notice, see 81 FR 60,683-60,691 (Sep. 2, 2016), and the 
Department is making this more explicit now. Second, the Department is 
revising this routine use to permit the Department to make disclosures 
when further information ``is relevant'' to, rather than ``is necessary 
to,'' the Department's resolution of the complaint, request, or other 
inquiry. Third, the Department is adding accreditors.
    The Department is removing former routine use (2) entitled 
``Disclosure for Use by Other Law Enforcement Agencies'' because the 
Department no longer intends to disclose any records under this routine 
use.
    The Department is modifying routine use (3) entitled ``Litigation 
and Alternative Dispute Resolution (ADR) Disclosure'' to insert the 
word ``person'' in place of the word ``individual'' to avoid any 
confusion to the public because we did not intend the word 
``individual'' to have the meaning of this term as defined in the 
Privacy Act.
    The Department is also modifying routine use (5) entitled 
``Contract Disclosure'' to remove the reference to ``Privacy Act 
safeguards as required under 5 U.S.C. 552a(m)'' to now require that all 
contractors agree to maintain safeguards to protect the security and 
confidentiality of the records in the system. The Department also has 
clarified that such safeguards will be agreed to as part of the 
contract, rather than before the contract is entered into.
    The Department is removing former routine use (7) entitled 
``Research Disclosure.'' Consistent with our commitment to protect 
personal data, we do not anticipate releasing student, borrower, or 
applicant-level data for purposes other than program administration.
    The Department is modifying routine use (7) entitled ``Borrower 
Complaint Disclosure'' to include ``processing'' and ``reviewing'' of a 
complaint as a course through which the Department may disclose a 
record to better align with the language of routine use (8) entitled 
``Borrower Defense to Repayment Disclosure''.
    The Department is adding routine use (8) entitled ``Borrower 
Defense to Repayment Disclosure'' to clarify that disclosure of a 
record from this system of records is allowed in the course of 
reviewing, processing, investigating, fact-finding, or adjudicating a 
request for relief under the borrower defense regulations or in the 
course of the Department's enforcement activity to: Federal agencies, 
the student (if the student is not the borrower), the counsel or 
representative of the borrower or the student, or the school whose 
conduct is subject of the request for relief or the school's counsel or 
representative; a witness; or a designated fact-finder, mediator, or 
other person designated to resolve issues or decide the matter. The 
disclosure may only be made during the course of the review, 
processing, investigation, fact-finding, or adjudication of the request 
for relief.
    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 is also adding 
an additional routine use (11) in order to permit the Department to

[[Page 27589]]

disclose records from this system of records in the course of assisting 
another Federal agency or entity in responding to a breach of data. 
Lastly, the Department is modifying routine use (10) (previously 
routine use (11)) so that the routine use conforms with the 
requirements set forth in OMB Memorandum M-17-12 entitled ``Preparing 
for and Responding to a Breach of Personally Identifiable 
Information.''
    The Department is updating the section entitled ``POLICIES AND 
PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS'' to explain that the 
applicable Department records schedule is being amended, pending 
approval by the National Archives and Records Administration (NARA).
    The sections entitled ``RECORD ACCESS PROCEDURES,'' ``CONTESTING 
RECORD PROCEDURES,'' and ``NOTIFICATION PROCEDURES'' are modified to 
define the ``necessary particulars'' needed to access, contest, or be 
notified of a record.
    The Department has also added a section entitled ``HISTORY.''
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., Braille, large print, 
audiotape, or compact disc) on request to the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other 
documents of this Department published in the Federal Register, in text 
or Portable Document Format (PDF). To use PDF you must have Adobe 
Acrobat Reader, which is available free at the site. You may also 
access documents of the Department published in the Federal Register by 
using the article search feature at: www.federalregister.gov. 
Specifically, through the advanced search feature at this site, you can 
limit your search to documents published by the Department.

    Dated: June 8, 2018.
James F. Manning,
Acting Chief Operating Officer, Federal Student Aid.

    For the reasons discussed in the preamble, the Acting Chief 
Operating Officer of Federal Student Aid (FSA) of the U.S. Department 
of Education (Department) publishes a notice of a modified system of 
records to read as follows:
SYSTEM NAME AND NUMBER:
    Customer Engagement Management System (CEMS) (18-11-11).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Salesforce Data Center, primary data center in 44521 Hastings Drive 
Ashburn, VA 20147. The system is accessible via the internet to 
different categories of users, including Department personnel, 
customers, and designated agents of the Department at any location 
where they have internet access.

SYSTEM MANAGER(S):
    Ombudsman, Federal Student Aid, U.S. Department of Education, 830 
First Street NE, Room 4111, Washington, DC 20202.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    20 U.S.C. 1018(f) and 1087e(h).

PURPOSE(S) OF THE SYSTEM:
    The information maintained in this system will be used for a number 
of purposes related to the duties and responsibilities of the FSA 
Ombudsman; and, separately, to perform the duties and responsibilities 
of the Department to provide Federal student loan repayment relief, and 
certain further relief, under the borrower defense to repayment 
regulations at 34 CFR 685.206. The information will be used to: Verify 
the identities of individuals; record complaints and comments; track 
individual cases through final resolution; report trends; and analyze 
the data to recommend improvements in student financial assistance 
programs; and assist in the informal resolution of disputes. The 
information will also be used by the Department to receive, review, 
evaluate, and process requests for relief under the borrower defense to 
repayment regulations, to render decisions on the merits of such 
requests for relief, and, where requests for borrower defense to 
repayment are successful, to determine the relief that is appropriate 
to borrowers under the circumstances as well as to initiate appropriate 
proceedings to require schools whose acts or omissions resulted in the 
successful defenses against repayment to pay the Department the amounts 
of the loans to which the defenses apply.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system maintains records on individuals who are, were, or may 
be participants in any of the Student Financial Assistance Programs 
under title IV of the Higher Education Act of 1965, as amended (HEA) 
who request assistance, directly or through a designated third party, 
from Federal Student Aid Enforcement Office or the FSA Ombudsman.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of a variety of records that identify the 
individuals' complaints, requests for assistance, requests for borrower 
defense relief, or other inquiries. Records include, but are not 
limited to: Written documentation of an individual's complaint, request 
for assistance, request for relief under the borrower defense 
regulations, or other comment or inquiry; and information pertaining to 
the individual's or the individual's parent's student financial 
assistance program account(s) under title IV of the HEA, such as the 
individual's name, Social Security number (SSN), date of birth, 
address, telephone number(s), and Federal Student Aid ID (FSA ID). 
Records may include the name, address, and phone numbers of the 
individual's counsel or representative, school(s), lender(s), secondary 
holder(s) or lender(s), guaranty agency(ies), servicer(s), and private 
collection agency(ies), if applicable, and, may contain other loan 
level data.

RECORD SOURCE CATEGORIES:
    Information is obtained from individuals (e.g., borrowers), their 
counsel or representatives, or students or their parents (when the 
individual is a borrower and depending on whether the individual is a 
parent or student), Federal agencies, State agencies, schools, lenders, 
private collection agencies, guaranty agencies, accreditors, and from 
other persons or entities from which data is obtained under routine 
uses set forth below.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The Department may disclose information contained in a record in 
this system of records under the routine uses listed in this system of 
records without the consent of the individual if the disclosure is 
compatible with the purposes for which the record was collected. These 
disclosures may be made on a case-by-case basis or, if the Department 
has complied with the computer matching requirements of the Privacy Act 
of 1974, as amended (Privacy Act), under a computer matching agreement.
    (1) Program Disclosure. The Department may disclose records to

[[Page 27590]]

Federal agencies, State agencies, accreditors, schools, lenders, 
guaranty agencies, servicers, and private collection agencies when 
further information about the complaint, request for assistance, 
request for Federal student loan repayment relief and other further 
relief under the borrower defense to repayment regulations, or other 
inquiry is relevant to the Department's resolution of the complaint, 
request, or other inquiry, and, where a request for borrower defense to 
repayment is successful, to determine the relief that is appropriate 
under the circumstances as well as to initiate the appropriate 
proceeding to require the school whose acts or omissions resulted in 
the successful defense against repayment to pay the Department the 
amount of the loan to which the defense applies.
    (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 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 such 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;
    (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 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 Disclosure. If the Department determines that it 
is relevant and necessary to the litigation or ADR to disclose certain 
records to an adjudicative body before which the Department is 
authorized to appear, 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) Disclosure to the DOJ. The Department may disclose records to 
the DOJ to the extent necessary for obtaining DOJ advice on any matter 
relevant to an audit, inspection, or other inquiry related to the 
programs covered by this system.
    (5) 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 
maintain safeguards to protect the security and confidentiality of the 
records in the system.
    (6) 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.
    (7) Borrower Complaint Disclosure. If a record is relevant and 
necessary to a borrower complaint regarding participants in any of 
Student Financial Assistance Programs under title IV of the HEA, the 
Department may disclose a record from this system of records in the 
course of processing, reviewing, investigating, fact-finding, or 
adjudicating the complaint to: Any party to the complaint; the party's 
counsel or representative; a witness; or a designated fact-finder, 
mediator, or other person designated to resolve issues or decide the 
matter. The disclosure may only be made during the course of the 
review, processing, investigation, fact-finding, or adjudication.
    (8) Borrower Defense to Repayment Disclosure. If a record is 
relevant and necessary to an individual's request for relief from 
repayment of a Federal student loan or other relief under the borrower 
defense to repayment regulations, or the potential provision of such 
relief in connection with the Department's enforcement activities on 
any of the Student Financial Assistance Programs under title IV of the 
HEA, the Department may disclose a record from this system of records 
in the course of processing, reviewing, investigating, fact-finding, or 
adjudicating the request or in the course of the Department's 
enforcement activity to: Federal agency, the student (if the student is 
not the borrower), the counsel or representative of the borrower or the 
student, or the school whose conduct is subject of the request for 
relief or the school's counsel or representative; a witness; or a 
designated fact-finder, mediator, or other person designated to resolve 
issues or decide the matter. The disclosure may only be made during the 
course of the review, processing, investigation, fact-finding, or 
adjudication.
    (9) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records from this system of 
records to the 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.
    (10) 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.
    (11) Disclosure in Assisting another Agency in Responding to a 
Breach of

[[Page 27591]]

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:
    These records will be maintained in an electronic database.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are indexed by Social Security number, name, date of birth, 
and case tracking number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records are retained and disposed of in accordance with 
Department Records Schedule 052: Ombudsman Case Files (N1-441-09-21) 
(ED 052). ED 052 is being amended, pending approval by the National 
Archives and Records Administration (NARA). Records will not be 
destroyed until NARA-approved amendments to ED 052 are in effect, as 
applicable.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to and use of these records by Department employees and 
agents shall be limited to those persons whose official duties require 
access. This includes staff members of the Office of the Student Loan 
Ombudsman, Enforcement Office staff members, and other Department 
employees and agents. All physical access to the site where this system 
of records is maintained, is controlled and monitored by security 
personnel who check each individual entering the building for his or 
her employee or visitor badge.
    The computer system offers a high degree of resistance to tampering 
and circumvention. This security system limits data access to staff on 
a ``need to know'' basis, and controls individual users' ability to 
access and alter records within the system. All users of this system of 
records are given unique user IDs with personal identifiers. All 
interactions by individual users with the system are recorded.

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, SSN, and any 
other identifying information requested by the Department while 
processing the request to distinguish between individuals with the same 
name. Your request must meet the requirements of 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 with the information 
described in the record access procedures. 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, SSN, 
and any other identifying information requested by the Department while 
processing the request to distinguish between individuals of 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:
    The system of records notice entitled ``Office of the Student Loan 
Ombudsman Records'' (18-11-11) was published in the Federal Register on 
December 27, 1999 (64 FR 72384, 72399-72400). The ``Office of the 
Student Loan Ombudsman Records'' system of records notice was most 
recently altered and republished in full in the Federal Register on 
March 8, 2016 (81 FR 12081).
    The records that will be maintained in the CEMS system of records 
that are about individuals who have asserted defenses to the repayment 
of their Federal student loans, also known as ``borrower defenses,'' 
pursuant to the Department's regulations at 34 CFR 685.206, previously 
were covered by the system of records notice entitled ``Common Services 
for Borrowers (CSB)'' (18-11-16), which was first published in the 
Federal Register on January 23, 2006 (71 FR 3503), subsequently updated 
on September 12, 2014 (79 FR 54685), and last altered on September 2, 
2016 (81 FR 60683).

[FR Doc. 2018-12700 Filed 6-12-18; 8:45 am]
 BILLING CODE 4000-01-P



                                                                           Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices                                           27587

                                                Dated: June 8, 2018.                                  the Federal Register on June 13, 2018,                 FOR FURTHER INFORMATION CONTACT:
                                              Johnny W. Collett,                                      unless the modified system of records                  Joyce DeMoss, Ombudsman/Director,
                                              Assistant Secretary for Special Education and           notice needs to be changed as a result                 Ombudsman Group, Customer
                                              Rehabilitative Services.                                of public comment.                                     Experience, FSA, U.S. Department of
                                              [FR Doc. 2018–12718 Filed 6–12–18; 8:45 am]                Modified routine uses (1), (3), (5), (7),           Education, 830 First Street NE, 4th
                                              BILLING CODE 4000–01–P                                  and (10) and new routine uses (8) and                  Floor/MC–5144, Union Center Plaza
                                                                                                      (11) listed under ‘‘ROUTINE USES OF                    (UCP), Washington, DC 20202–5144.
                                                                                                      RECORDS MAINTAINED IN THE                              Telephone: (202) 377–3992.
                                              DEPARTMENT OF EDUCATION                                 SYSTEM, INCLUDING CATEGORIES                              If you use a telecommunications
                                              [Docket ID ED–2018–FSA–0053]                            OF USERS AND PURPOSES OF SUCH                          device for the deaf (TDD) or text
                                                                                                      USES’’ will become applicable on July                  telephone (TTY), you may call the
                                              Privacy Act of 1974; System of                          13, 2018, unless the modified system of                Federal Information Relay Service
                                              Records                                                 records notice needs to be changed as a                (FIRS) at 1–800–877–8339.
                                                                                                      result of public comment. The                          SUPPLEMENTARY INFORMATION: The
                                              AGENCY:  Federal Student Aid,                           Department will publish any significant                Department is renaming the system of
                                              Department of Education.                                changes resulting from public comment.                 records from the ‘‘Office of the Student
                                              ACTION: Notice of a Modified System of
                                                                                                      ADDRESSES: Submit your comments                        Loan Ombudsman Records’’ to the
                                              Records.                                                through the Federal eRulemaking Portal                 ‘‘Customer Engagement Management
                                              SUMMARY:    In accordance with the                      or via postal mail, commercial delivery,               System (CEMS).’’ The system of records
                                              Privacy Act of 1974, as amended                         or hand delivery. We will not accept                   described in this notice maintains
                                              (Privacy Act), the Department of                        comments submitted by fax or by email                  records on individuals who are, were, or
                                              Education (Department) publishes this                   or those submitted after the comment                   may be participants in any of the
                                              notice of a modified system of records                  period. To ensure that we do not receive               Student Financial Assistance Programs
                                              for the ‘‘Customer Engagement                           duplicate copies, please submit your                   authorized under title IV of the Higher
                                              Management System (CEMS)’’ (18–11–                      comments only once. In addition, please                Education Act of 1965, as amended
                                              11) to expand the CEMS system to cover                  include the Docket ID at the top of your               (HEA) who request assistance, directly
                                              records that the Department previously                  comments.                                              or through a designated third party,
                                              maintained in the Department’s system                      • Federal eRulemaking Portal: Go to                 from the Department. The CEMS
                                              of records entitled ‘‘Common Services                   www.regulations.gov to submit your                     maintains the information for a number
                                              for Borrowers (CSB)’’ (18–11–16) to                     comments electronically. Information                   of purposes related to the duties and
                                              carry out the responsibilities of the                   on using Regulations.gov, including                    responsibilities of the Ombudsman and
                                              Department to receive, review, evaluate,                instructions for accessing agency                      the FSA Enforcement Office, including:
                                              process, and render decisions on the                    documents, submitting comments, and                    Verifying the identities of individuals;
                                              eligibility of individuals for relief under             viewing the docket, is available on the                recording complaints and comments;
                                              the borrower defense regulations and,                   site under the ‘‘help’’ tab.                           tracking individual cases through final
                                              where requests for borrower defense to                     • Postal Mail, Commercial Delivery,                 resolution; reporting trends; analyzing
                                              repayment are successful, to determine                  or Hand Delivery: If you mail or deliver               the data to recommend improvements in
                                              the relief that is appropriate to                       your comments about this modified                      student financial assistance programs;
                                              borrowers under the circumstances as                    system of records, address them to:                    and assisting in the informal resolution
                                              well as to initiate appropriate                         Ombudsman/Director, Ombudsman                          of disputes. In addition, the system of
                                              proceedings to require schools whose                    Group, Customer Experience, FSA, U.S.                  records described in this notice
                                              acts or omissions resulted in the                       Department of Education, 830 First                     maintains records on individuals who
                                              successful defenses against repayment                   Street NE, 4th Floor/MC–5144, Union                    have asserted defenses to the repayment
                                              to pay the Department the amounts of                    Center Plaza (UCP), Washington, DC                     of their Federal student loans, also
                                              the loans to which the defenses apply.                  20202–5144.                                            known as ‘‘borrower defenses,’’
                                              This modification also renames the                         Privacy Note: The Department’s                      pursuant to the Department’s
                                              system of records, which was formerly                   policy is to make all comments received                regulations at 34 CFR 685.206. These
                                              entitled the ‘‘Office of the Student Loan               from members of the public available for               records are maintained to carry out the
                                              Ombudsman Records.’’ The Department                     public viewing in their entirety on the                responsibilities of the Department to
                                              previously created the system of records                Federal eRulemaking Portal at                          receive, review, evaluate, process, and
                                              entitled the ‘‘Office of the Student Loan               www.regulations.gov. Therefore,                        render decisions on the eligibility of
                                              Ombudsman Records’’ for a number of                     commenters should be careful to                        individuals for relief under the borrower
                                              purposes related to the duties and                      include in their comments only                         defense regulations, which may include
                                              responsibilities of the Ombudsman,                      information that they wish to make                     the discharge of a William D. Ford
                                              including verifying the identities of                   publicly available.                                    Federal Direct Loan (Direct Loan)
                                              individuals; recording complaints and                      Assistance to Individuals with                      Program loan and further relief as
                                              comments; tracking individual cases                     Disabilities in Reviewing the                          determined by the Secretary, as well as
                                              through final resolution; reporting                     Rulemaking Record: On request, we will                 the initiation of appropriate proceedings
                                              trends; analyzing the data to                           provide an appropriate accommodation                   to require schools whose acts or
                                              recommend improvements in the                           or auxiliary aid to an individual with a               omissions resulted in successful
                                              Student Financial Assistance Programs;                  disability who needs assistance to                     defenses against repayment to pay the
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                                              and assisting in the resolution of                      review the comments or other                           Department the amounts of the loans to
                                              disputes.                                               documents in the public rulemaking                     which the defenses apply.
                                              DATES: Submit your comments on this                     record for this notice. If you want to                    The CEMS consists of a variety of
                                              modified system of records notice on or                 schedule an appointment for this type of               records that identify individuals’
                                              before July 13, 2018.                                   accommodation or auxiliary aid, please                 complaints, requests for assistance, or
                                                 This modified system of records will                 contact the person listed under FOR                    other inquiries. Records include, but are
                                              become applicable upon publication in                   FURTHER INFORMATION CONTACT.                           not limited to: Written documentation


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                                              27588                        Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices

                                              of an individual’s complaint, request for               that records may contain other loan                       The Department is modifying routine
                                              assistance, or other comment or inquiry;                level data.                                            use (3) entitled ‘‘Litigation and
                                              and information pertaining to a                            The Department is modifying the                     Alternative Dispute Resolution (ADR)
                                              student’s or parent’s student financial                 section of the notice entitled ‘‘RECORD                Disclosure’’ to insert the word ‘‘person’’
                                              assistance program account(s) under                     SOURCE CATEGORIES’’ to include as                      in place of the word ‘‘individual’’ to
                                              title IV of the HEA, such as the                        record source categories third parties                 avoid any confusion to the public
                                              individual’s name, Social Security                      who provide data to the Department                     because we did not intend the word
                                              number, date of birth, address,                         under the routine uses set forth below.                ‘‘individual’’ to have the meaning of this
                                              telephone number(s), and FSA ID.                        The Department is also modifying this                  term as defined in the Privacy Act.
                                              Additionally, records may include the                   section to clarify that in addition to                    The Department is also modifying
                                              name, address, and phone numbers of                     obtaining information from the                         routine use (5) entitled ‘‘Contract
                                              school(s), lender(s), secondary holder(s)               individuals (e.g., borrowers), the                     Disclosure’’ to remove the reference to
                                              or lender(s), guaranty agency(ies),                     Department also may obtain information                 ‘‘Privacy Act safeguards as required
                                              servicer(s), and private collection                     from the individuals’ counsel or                       under 5 U.S.C. 552a(m)’’ to now require
                                              agency(ies), if applicable. The system of               representatives, or from students or                   that all contractors agree to maintain
                                              records also contains loan level                        their parents (if the individual is a                  safeguards to protect the security and
                                              information, and data submitted by                      borrower and depending on whether the                  confidentiality of the records in the
                                              individuals who have requested relief                   individual is a parent or student). This               system. The Department also has
                                              from Federal student loan repayment                     Section also has been revised by adding                clarified that such safeguards will be
                                              under the borrower defense to                           that the Department may obtain                         agreed to as part of the contract, rather
                                              repayment regulations, as well as data                  information from accreditors in addition               than before the contract is entered into.
                                              that may be submitted by schools or                     to the sources previously listed, which                   The Department is removing former
                                              other entities in connection with                       were Federal agencies, State agencies,                 routine use (7) entitled ‘‘Research
                                              individuals’ discharge requests.                        schools, lenders, private collection                   Disclosure.’’ Consistent with our
                                                 The Department is modifying the                                                                             commitment to protect personal data,
                                                                                                      agencies, and guaranty agencies.
                                                                                                                                                             we do not anticipate releasing student,
                                              section of the notice entitled                             The Department is making several
                                                                                                                                                             borrower, or applicant-level data for
                                              ‘‘AUTHORITY FOR MAINTENANCE                             modifications to routine use (1) entitled              purposes other than program
                                              OF THE SYSTEM’’ to include 20 U.S.C.                    ‘‘Program Disclosure.’’ First, the                     administration.
                                              1087e(h), which is the Department’s                     Department is including requests for                      The Department is modifying routine
                                              authority to collect records on                         relief under the borrower defense                      use (7) entitled ‘‘Borrower Complaint
                                              individuals who have requested relief                   regulations as one of the types of                     Disclosure’’ to include ‘‘processing’’ and
                                              under the borrower defense regulations.                 requests for which the Department may                  ‘‘reviewing’’ of a complaint as a course
                                                 The Department is modifying the                      disclose records and clarifying that the               through which the Department may
                                              section of the notice entitled                          Department may disclose records where                  disclose a record to better align with the
                                              ‘‘PURPOSE(S) OF THE SYSTEM’’ to                         a request for borrower defense to                      language of routine use (8) entitled
                                              include the duties and responsibilities                 repayment is successful in order to                    ‘‘Borrower Defense to Repayment
                                              of FSA to provide relief under the                      determine the relief that is appropriate               Disclosure’’.
                                              borrower defense regulations, including                 under the circumstances as well as to                     The Department is adding routine use
                                              the receipt, review, evaluation, and                    initiate the appropriate proceeding to                 (8) entitled ‘‘Borrower Defense to
                                              processing of requests for relief under                 require the school whose acts or                       Repayment Disclosure’’ to clarify that
                                              the borrower defense to repayment                       omissions resulted in the successful                   disclosure of a record from this system
                                              regulations, the rendering of decisions                 defense against repayment to pay the                   of records is allowed in the course of
                                              on the merits of such requests, and,                    Department the amount of the loan to                   reviewing, processing, investigating,
                                              where requests for borrower defense to                  which the defense applies. Disclosing                  fact-finding, or adjudicating a request
                                              repayment are successful, the                           records where a request for borrower                   for relief under the borrower defense
                                              determination of the relief that is                     defense to repayment is successful in                  regulations or in the course of the
                                              appropriate to borrowers under the                      order to determine the relief that is                  Department’s enforcement activity to:
                                              circumstances as well as the initiation                 appropriate under the circumstances                    Federal agencies, the student (if the
                                              of appropriate proceedings to require                   was previously authorized by ‘‘routine                 student is not the borrower), the counsel
                                              schools whose acts or omissions                         uses’’ published in the ‘‘Common                       or representative of the borrower or the
                                              resulted in the successful defenses                     Services for Borrowers (CSB)’’ system of               student, or the school whose conduct is
                                              against repayment to pay the                            records notice, see 81 FR 60,683–60,691                subject of the request for relief or the
                                              Department the amounts of the loans to                  (Sep. 2, 2016), and the Department is                  school’s counsel or representative; a
                                              which the defenses apply.                               making this more explicit now. Second,                 witness; or a designated fact-finder,
                                                 The Department is modifying the                      the Department is revising this routine                mediator, or other person designated to
                                              section of the notice entitled                          use to permit the Department to make                   resolve issues or decide the matter. The
                                              ‘‘CATEGORIES OF INDIVIDUALS                             disclosures when further information                   disclosure may only be made during the
                                              COVERED BY THE SYSTEM’’ to                              ‘‘is relevant’’ to, rather than ‘‘is                   course of the review, processing,
                                              include individuals who request relief                  necessary to,’’ the Department’s                       investigation, fact-finding, or
                                              under borrower defense to repayment                     resolution of the complaint, request, or               adjudication of the request for relief.
                                              regulations from the Department.                        other inquiry. Third, the Department is                   Pursuant to the requirements in Office
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                                                 The Department is modifying the                      adding accreditors.                                    of Management and Budget
                                              section of the notice entitled                             The Department is removing former                   Memorandum M–17–12 entitled
                                              ‘‘CATEGORIES OF RECORDS IN THE                          routine use (2) entitled ‘‘Disclosure for              ‘‘Preparing for and Responding to a
                                              SYSTEM’’ to include individuals’                        Use by Other Law Enforcement                           Breach of Personally Identifiable
                                              requests for relief and related records                 Agencies’’ because the Department no                   Information,’’ the Department is also
                                              under the borrower defense to                           longer intends to disclose any records                 adding an additional routine use (11) in
                                              repayment regulations and to indicate                   under this routine use.                                order to permit the Department to


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                                                                           Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices                                            27589

                                              disclose records from this system of                    modified system of records to read as                  participants in any of the Student
                                              records in the course of assisting                      follows:                                               Financial Assistance Programs under
                                              another Federal agency or entity in                                                                            title IV of the Higher Education Act of
                                              responding to a breach of data. Lastly,                 SYSTEM NAME AND NUMBER:                                1965, as amended (HEA) who request
                                              the Department is modifying routine use                   Customer Engagement Management                       assistance, directly or through a
                                              (10) (previously routine use (11)) so that              System (CEMS) (18–11–11).                              designated third party, from Federal
                                              the routine use conforms with the                                                                              Student Aid Enforcement Office or the
                                                                                                      SECURITY CLASSIFICATION:
                                              requirements set forth in OMB                                                                                  FSA Ombudsman.
                                              Memorandum M–17–12 entitled                               Unclassified.
                                                                                                                                                             CATEGORIES OF RECORDS IN THE SYSTEM:
                                              ‘‘Preparing for and Responding to a                     SYSTEM LOCATION:
                                              Breach of Personally Identifiable                                                                                 This system consists of a variety of
                                                                                                        Salesforce Data Center, primary data                 records that identify the individuals’
                                              Information.’’
                                                 The Department is updating the                       center in 44521 Hastings Drive Ashburn,                complaints, requests for assistance,
                                              section entitled ‘‘POLICIES AND                         VA 20147. The system is accessible via                 requests for borrower defense relief, or
                                              PRACTICES FOR RETENTION AND                             the internet to different categories of                other inquiries. Records include, but are
                                              DISPOSAL OF RECORDS’’ to explain                        users, including Department personnel,                 not limited to: Written documentation
                                              that the applicable Department records                  customers, and designated agents of the                of an individual’s complaint, request for
                                              schedule is being amended, pending                      Department at any location where they                  assistance, request for relief under the
                                              approval by the National Archives and                   have internet access.                                  borrower defense regulations, or other
                                              Records Administration (NARA).                                                                                 comment or inquiry; and information
                                                                                                      SYSTEM MANAGER(S):
                                                 The sections entitled ‘‘RECORD                                                                              pertaining to the individual’s or the
                                                                                                        Ombudsman, Federal Student Aid,                      individual’s parent’s student financial
                                              ACCESS PROCEDURES,’’                                    U.S. Department of Education, 830 First
                                              ‘‘CONTESTING RECORD                                                                                            assistance program account(s) under
                                                                                                      Street NE, Room 4111, Washington, DC                   title IV of the HEA, such as the
                                              PROCEDURES,’’ and ‘‘NOTIFICATION                        20202.
                                              PROCEDURES’’ are modified to define                                                                            individual’s name, Social Security
                                              the ‘‘necessary particulars’’ needed to                 AUTHORITY FOR MAINTENANCE OF THE SYSTEM:               number (SSN), date of birth, address,
                                              access, contest, or be notified of a                      20 U.S.C. 1018(f) and 1087e(h).                      telephone number(s), and Federal
                                              record.                                                                                                        Student Aid ID (FSA ID). Records may
                                                 The Department has also added a                      PURPOSE(S) OF THE SYSTEM:                              include the name, address, and phone
                                              section entitled ‘‘HISTORY.’’                             The information maintained in this                   numbers of the individual’s counsel or
                                                 Accessible Format: Individuals with                  system will be used for a number of                    representative, school(s), lender(s),
                                              disabilities can obtain this document in                purposes related to the duties and                     secondary holder(s) or lender(s),
                                              an accessible format (e.g., Braille, large              responsibilities of the FSA Ombudsman;                 guaranty agency(ies), servicer(s), and
                                              print, audiotape, or compact disc) on                   and, separately, to perform the duties                 private collection agency(ies), if
                                              request to the person listed under FOR                  and responsibilities of the Department                 applicable, and, may contain other loan
                                              FURTHER INFORMATION CONTACT.                            to provide Federal student loan                        level data.
                                                 Electronic Access to This Document:                  repayment relief, and certain further                  RECORD SOURCE CATEGORIES:
                                              The official version of this document is                relief, under the borrower defense to                    Information is obtained from
                                              the document published in the Federal                   repayment regulations at 34 CFR                        individuals (e.g., borrowers), their
                                              Register. You may access the official                   685.206. The information will be used                  counsel or representatives, or students
                                              edition of the Federal Register and the                 to: Verify the identities of individuals;              or their parents (when the individual is
                                              Code of Federal Regulations via the                     record complaints and comments; track                  a borrower and depending on whether
                                              Federal Digital System at: www.gpo.gov/                 individual cases through final                         the individual is a parent or student),
                                              fdsys. At this site you can view this                   resolution; report trends; and analyze                 Federal agencies, State agencies,
                                              document, as well as all other                          the data to recommend improvements in                  schools, lenders, private collection
                                              documents of this Department                            student financial assistance programs;                 agencies, guaranty agencies, accreditors,
                                              published in the Federal Register, in                   and assist in the informal resolution of               and from other persons or entities from
                                              text or Portable Document Format                        disputes. The information will also be                 which data is obtained under routine
                                              (PDF). To use PDF you must have                         used by the Department to receive,                     uses set forth below.
                                              Adobe Acrobat Reader, which is                          review, evaluate, and process requests
                                              available free at the site. You may also                for relief under the borrower defense to               ROUTINE USES OF RECORDS MAINTAINED IN THE
                                              access documents of the Department                      repayment regulations, to render                       SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                              published in the Federal Register by                                                                           PURPOSES OF SUCH USES:
                                                                                                      decisions on the merits of such requests
                                              using the article search feature at:                    for relief, and, where requests for                      The Department may disclose
                                              www.federalregister.gov. Specifically,                  borrower defense to repayment are                      information contained in a record in
                                              through the advanced search feature at                  successful, to determine the relief that is            this system of records under the routine
                                              this site, you can limit your search to                 appropriate to borrowers under the                     uses listed in this system of records
                                              documents published by the                              circumstances as well as to initiate                   without the consent of the individual if
                                              Department.                                             appropriate proceedings to require                     the disclosure is compatible with the
                                                Dated: June 8, 2018.                                  schools whose acts or omissions                        purposes for which the record was
                                                                                                      resulted in the successful defenses                    collected. These disclosures may be
                                              James F. Manning,
                                                                                                      against repayment to pay the                           made on a case-by-case basis or, if the
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                                              Acting Chief Operating Officer, Federal                                                                        Department has complied with the
                                              Student Aid.                                            Department the amounts of the loans to
                                                                                                      which the defenses apply.                              computer matching requirements of the
                                                For the reasons discussed in the                                                                             Privacy Act of 1974, as amended
                                              preamble, the Acting Chief Operating                    CATEGORIES OF INDIVIDUALS COVERED BY THE               (Privacy Act), under a computer
                                              Officer of Federal Student Aid (FSA) of                 SYSTEM:                                                matching agreement.
                                              the U.S. Department of Education                          This system maintains records on                       (1) Program Disclosure. The
                                              (Department) publishes a notice of a                    individuals who are, were, or may be                   Department may disclose records to


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                                              27590                        Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices

                                              Federal agencies, State agencies,                          (b) Disclosure to the DOJ. If the                   issues or decide the matter. The
                                              accreditors, schools, lenders, guaranty                 Department determines that disclosure                  disclosure may only be made during the
                                              agencies, servicers, and private                        of certain records to the DOJ is relevant              course of the review, processing,
                                              collection agencies when further                        and necessary to litigation or ADR, the                investigation, fact-finding, or
                                              information about the complaint,                        Department may disclose those records                  adjudication.
                                              request for assistance, request for                     as a routine use to the DOJ.                              (8) Borrower Defense to Repayment
                                              Federal student loan repayment relief                      (c) Adjudicative Disclosure. If the                 Disclosure. If a record is relevant and
                                              and other further relief under the                      Department determines that it is                       necessary to an individual’s request for
                                              borrower defense to repayment                           relevant and necessary to the litigation               relief from repayment of a Federal
                                              regulations, or other inquiry is relevant               or ADR to disclose certain records to an               student loan or other relief under the
                                              to the Department’s resolution of the                   adjudicative body before which the                     borrower defense to repayment
                                              complaint, request, or other inquiry,                   Department is authorized to appear, to                 regulations, or the potential provision of
                                              and, where a request for borrower                       a person, or an entity designated by the               such relief in connection with the
                                              defense to repayment is successful, to                  Department or otherwise empowered to                   Department’s enforcement activities on
                                              determine the relief that is appropriate                resolve or mediate disputes, the                       any of the Student Financial Assistance
                                              under the circumstances as well as to                   Department may disclose those records                  Programs under title IV of the HEA, the
                                              initiate the appropriate proceeding to                  as a routine use to the adjudicative                   Department may disclose a record from
                                              require the school whose acts or                        body, person, or entity.                               this system of records in the course of
                                              omissions resulted in the successful                       (d) Disclosure to Parties, Counsel,                 processing, reviewing, investigating,
                                              defense against repayment to pay the                    Representatives, and Witnesses. If the                 fact-finding, or adjudicating the request
                                              Department the amount of the loan to                    Department determines that disclosure                  or in the course of the Department’s
                                              which the defense applies.                              of certain records to a party, counsel,                enforcement activity to: Federal agency,
                                                 (2) Enforcement Disclosure. In the                   representative, or witness is relevant                 the student (if the student is not the
                                              event that information in this system of                and necessary to the litigation or ADR,                borrower), the counsel or representative
                                              records indicates, either on its face or in             the Department may disclose those                      of the borrower or the student, or the
                                              connection with other information, a                    records as a routine use to the party,                 school whose conduct is subject of the
                                              violation or potential violation of any                 counsel, representative, or witness.                   request for relief or the school’s counsel
                                                                                                         (4) Disclosure to the DOJ. The                      or representative; a witness; or a
                                              applicable statute, regulation, or order
                                                                                                      Department may disclose records to the                 designated fact-finder, mediator, or
                                              of a competent authority, the
                                                                                                      DOJ to the extent necessary for                        other person designated to resolve
                                              Department may disclose the relevant
                                                                                                      obtaining DOJ advice on any matter                     issues or decide the matter. The
                                              records to the appropriate agency,                      relevant to an audit, inspection, or other
                                              whether foreign, Federal, State, Tribal,                                                                       disclosure may only be made during the
                                                                                                      inquiry related to the programs covered                course of the review, processing,
                                              or local, charged with the responsibility               by this system.
                                              of investigating or prosecuting that                                                                           investigation, fact-finding, or
                                                                                                         (5) Contract Disclosure. If the                     adjudication.
                                              violation or charged with enforcing or                  Department contracts with an entity for                   (9) Freedom of Information Act
                                              implementing the statute, Executive                     the purposes of performing any function                (FOIA) and Privacy Act Advice
                                              Order, rule, regulation, or order issued                that requires disclosure of records in                 Disclosure. The Department may
                                              pursuant thereto.                                       this system to employees of the                        disclose records from this system of
                                                 (3) Litigation and Alternative Dispute               contractor, the Department may disclose                records to the DOJ or Office of
                                              Resolution (ADR) Disclosure.                            the records to those employees. As part                Management and Budget (OMB) if the
                                                 (a) Introduction. In the event that one              of such a contract, the Department shall               Department concludes that disclosure is
                                              of the parties listed in sub-paragraphs (i)             require the contractor to agree to                     desirable or necessary in determining
                                              through (v) is involved in judicial or                  maintain safeguards to protect the                     whether particular records are required
                                              administrative litigation or ADR, or has                security and confidentiality of the                    to be disclosed under the FOIA or the
                                              an interest in such litigation or ADR, the              records in the system.                                 Privacy Act.
                                              Department may disclose certain                            (6) Congressional Member Disclosure.                   (10) Disclosure in the Course of
                                              records to the parties described in                     The Department may disclose records to                 Responding to a Breach of Data. The
                                              paragraphs (b), (c), and (d) of this                    a member of Congress from the record                   Department may disclose records from
                                              routine use under the conditions                        of an individual in response to an                     this system of records to appropriate
                                              specified in those paragraphs:                          inquiry from the member made at the                    agencies, entities, and persons when: (a)
                                                 (i) The Department, or any component                 written request of that individual. The                The Department suspects or has
                                              of the Department;                                      member’s right to the information is no                confirmed that there has been a breach
                                                 (ii) Any Department employee in his                  greater than the right of the individual               of the system of records; (b) the
                                              or her official capacity;                               who requested it.                                      Department has determined that as a
                                                 (iii) Any Department employee in his                    (7) Borrower Complaint Disclosure. If               result of the suspected or confirmed
                                              or her individual capacity if the U.S.                  a record is relevant and necessary to a                breach, there is a risk of harm to
                                              Department of Justice (DOJ) has been                    borrower complaint regarding                           individuals, the Department (including
                                              requested to or has agreed to provide or                participants in any of Student Financial               its information systems, programs, and
                                              arrange for representation for the                      Assistance Programs under title IV of                  operation), the Federal Government, or
                                              employee;                                               the HEA, the Department may disclose                   national security; and (c) the disclosure
                                                 (iv) Any Department employee in his                  a record from this system of records in                made to such agencies, entities, and
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                                              or her individual capacity where the                    the course of processing, reviewing,                   persons is reasonably necessary to assist
                                              Department has agreed to represent the                  investigating, fact-finding, or                        the Department’s efforts to respond to
                                              employee; or                                            adjudicating the complaint to: Any                     the suspected or confirmed breach or to
                                                 (v) The United States where the                      party to the complaint; the party’s                    prevent, minimize, or remedy such
                                              Department determines that the                          counsel or representative; a witness; or               harm.
                                              litigation is likely to affect the                      a designated fact-finder, mediator, or                    (11) Disclosure in Assisting another
                                              Department or any of its components.                    other person designated to resolve                     Agency in Responding to a Breach of


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                                                                           Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices                                                  27591

                                              Data. The Department may disclose                       RECORD ACCESS PROCEDURES:                              2014 (79 FR 54685), and last altered on
                                              records from this system to another                       If you wish to gain access to a record               September 2, 2016 (81 FR 60683).
                                              Federal agency or Federal entity, when                  regarding you in the system of records,                [FR Doc. 2018–12700 Filed 6–12–18; 8:45 am]
                                              the Department determines that                          contact the system manager at the                      BILLING CODE 4000–01–P
                                              information from this system of records                 address listed above. You must provide
                                              is reasonably necessary to assist the                   necessary particulars such as your
                                              recipient agency or entity in (a)                       name, SSN, and any other identifying                   DEPARTMENT OF ENERGY
                                              responding to a suspected or confirmed                  information requested by the
                                              breach or (b) preventing, minimizing, or                Department while processing the                        Notice of Request for Information (RFI)
                                              remedying the risk of harm to                           request to distinguish between                         on Identifying Priorities for Reducing
                                              individuals, the recipient agency or                    individuals with the same name. Your                   Barriers to Deployment of Hydrogen
                                              entity (including its information                       request must meet the requirements of                  Infrastructure
                                              systems, programs, and operations), the                 34 CFR 5b.5, including proof of identity.
                                              Federal Government, or national                                                                                AGENCY:  Office of Energy Efficiency and
                                              security, resulting from a suspected or                 CONTESTING RECORD PROCEDURES:
                                                                                                                                                             Renewable Energy, Department of
                                              confirmed breach.                                                                                              Energy (DOE).
                                                                                                         If you wish to contest the content of               ACTION: Request for information (RFI).
                                              POLICIES AND PRACTICES FOR STORAGE OF                   a record regarding you in the system of
                                              RECORDS:                                                records, contact the system manager                    SUMMARY:    The U.S. Department of
                                                                                                      with the information described in the                  Energy (DOE) published a Request for
                                                These records will be maintained in                   record access procedures. Your request                 Information (RFI) on Identifying
                                              an electronic database.                                 must meet the requirements of 34 CFR                   Priorities for Reducing Barriers to
                                              POLICIES AND PRACTICES FOR RETRIEVAL OF                 5b.7.                                                  Deployment of Hydrogen Infrastructure
                                              RECORDS:                                                                                                       on EERE Exchange to gather information
                                                                                                      NOTIFICATION PROCEDURES:                               on priority areas for reducing barriers to
                                                Records are indexed by Social                                                                                deployment of hydrogen technologies,
                                              Security number, name, date of birth,                     If you wish to determine whether a
                                                                                                      record exists regarding you in the                     with a particular focus on hydrogen
                                              and case tracking number.                                                                                      infrastructure.
                                                                                                      system of records, contact the system
                                              POLICIES AND PRACTICES FOR RETENTION AND                manager at the address listed above.                   DATES: Responses to the RFI must be
                                              DISPOSAL OF RECORDS:                                    You must provide necessary particulars                 received no later than 5:00 p.m. (ET) on
                                                All records are retained and disposed                 such as your name, SSN, and any other                  August 10, 2018.
                                              of in accordance with Department                        identifying information requested by the               ADDRESSES: Interested parties are to
                                              Records Schedule 052: Ombudsman                         Department while processing the                        submit comments electronically to
                                              Case Files (N1–441–09–21) (ED 052). ED                  request to distinguish between                         FY18FCTOBARRIERSRFI@
                                              052 is being amended, pending approval                  individuals of with the same name.                     EE.DOE.GOV. Responses must be
                                              by the National Archives and Records                    Your request must meet the                             provided as attachments to an email.
                                              Administration (NARA). Records will                     requirements of 34 CFR 5b.5, including                 Include ‘‘Deployment Barriers RFI’’ as
                                              not be destroyed until NARA-approved                    proof of identity.                                     the subject of the email. It is
                                              amendments to ED 052 are in effect, as                                                                         recommended that attachments with file
                                                                                                      EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                              applicable.                                                                                                    sizes exceeding 25MB be compressed
                                                                                                        None.                                                (i.e., zipped) to ensure message delivery.
                                              ADMINISTRATIVE, TECHNICAL, AND PHYSICAL                                                                        Responses must be provided as a
                                              SAFEGUARDS:                                             HISTORY:                                               Microsoft Word (.docx) attachment to
                                                Access to and use of these records by                    The system of records notice entitled               the email, and 12 point font, 1 inch
                                              Department employees and agents shall                   ‘‘Office of the Student Loan                           margins. Only electronic responses will
                                              be limited to those persons whose                       Ombudsman Records’’ (18–11–11) was                     be accepted. The complete RFI
                                              official duties require access. This                    published in the Federal Register on                   document is located at https://eere-
                                              includes staff members of the Office of                 December 27, 1999 (64 FR 72384,                        exchange.energy.gov/.
                                              the Student Loan Ombudsman,                             72399–72400). The ‘‘Office of the                      FOR FURTHER INFORMATION CONTACT:
                                              Enforcement Office staff members, and                   Student Loan Ombudsman Records’’                       Questions may be addressed to
                                              other Department employees and agents.                  system of records notice was most                      FY18FCTOBARRIERSRFI@
                                              All physical access to the site where this              recently altered and republished in full               EE.DOE.GOV. Further instruction can be
                                              system of records is maintained, is                     in the Federal Register on March 8,                    found in the RFI document posted on
                                              controlled and monitored by security                    2016 (81 FR 12081).                                    EERE Exchange.
                                              personnel who check each individual                        The records that will be maintained in              SUPPLEMENTARY INFORMATION: DOE
                                              entering the building for his or her                    the CEMS system of records that are                    posted on its website an RFI to solicit
                                              employee or visitor badge.                              about individuals who have asserted                    feedback from industry, academia,
                                                The computer system offers a high                     defenses to the repayment of their                     research laboratories, government
                                              degree of resistance to tampering and                   Federal student loans, also known as                   agencies, and other stakeholders on
                                              circumvention. This security system                     ‘‘borrower defenses,’’ pursuant to the                 critical barriers to deployment of
                                              limits data access to staff on a ‘‘need to              Department’s regulations at 34 CFR                     hydrogen infrastructure. The goal of the
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                                              know’’ basis, and controls individual                   685.206, previously were covered by the                RFI is to identify these barriers and
                                              users’ ability to access and alter records              system of records notice entitled                      potential courses-of-action to address
                                              within the system. All users of this                    ‘‘Common Services for Borrowers                        them to reduce deployment time and
                                              system of records are given unique user                 (CSB)’’ (18–11–16), which was first                    cost in implementing hydrogen
                                              IDs with personal identifiers. All                      published in the Federal Register on                   technologies and to support the
                                              interactions by individual users with                   January 23, 2006 (71 FR 3503),                         implementation of large-scale
                                              the system are recorded.                                subsequently updated on September 12,                  applications. Deployment of hydrogen


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Document Created: 2018-06-12 23:59:09
Document Modified: 2018-06-12 23:59:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a Modified System of Records.
DatesSubmit your comments on this modified system of records notice on or before July 13, 2018.
ContactJoyce DeMoss, Ombudsman/Director, Ombudsman Group, Customer Experience, FSA, U.S. Department of Education, 830 First Street NE, 4th Floor/MC-5144, Union Center Plaza (UCP), Washington, DC 20202-5144. Telephone: (202) 377-3992.
FR Citation83 FR 27587 

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