83_FR_46088 83 FR 45912 - Privacy Act of 1974; System of Records

83 FR 45912 - Privacy Act of 1974; System of Records

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45912-45916
FR Document2018-19688

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this new notice of a system of records entitled ``Postsecondary Education Participants System (PEPS)'' (18-11-09) and a rescinded system of records entitled ``Integrated Partner Management (IPM) system'' (18-11- 21). The Department is rescinding the IPM system because the Department did not implement it and will continue using the PEPS system of records.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45912-45916]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19688]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2018-FSA-0031]


Privacy Act of 1974; System of Records

AGENCY: Federal Student Aid, Department of Education.

ACTION: Notice of a New System of Records and Rescindment of a System 
of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (Department) publishes this 
new notice of a system of records entitled ``Postsecondary Education 
Participants System (PEPS)'' (18-11-09) and a rescinded system of 
records entitled ``Integrated Partner Management (IPM) system'' (18-11-
21). The Department is rescinding the IPM system because the Department 
did not implement it and will continue using the PEPS system of 
records.

DATES: Submit your comments on the proposed new PEPS system of records 
notice and rescinded IPM system of records notice on or before October 
11, 2018.
    The re-issuance of the PEPS and the rescission of the IPM systems 
of records notices will become applicable upon publication in the 
Federal Register on September 11, 2018, unless changes are made to the 
systems of records notices as a result of public comment. The routine 
uses listed under ``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, 
INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' for the new 
system of records will become applicable on October 11, 2018, unless 
the new system of records notice needs to be revised as a result of 
public comment. The Department will publish any changes to the systems 
of records notices or routine uses that result from public comment.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID and at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under the ``help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about either system of records, address 
them to: Director, Postsecondary Education Participants System, Office 
of Student Financial Assistance Programs, U.S. Department of Education, 
830 First Street NE, Room 112G1, Washington, DC 20202.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or aid, please contact the 
person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Director, Postsecondary Education 
Participants System, Office of Student Financial Assistance Programs, 
U.S. Department of Education, 830 First Street NE, Room 112G1, 
Washington, DC 20202.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you may call the Federal Relay Service, toll free, at 
1-800-877-8339.

SUPPLEMENTARY INFORMATION: The PEPS enables the Department of Education 
effectively to administer the approval, periodic review, and oversight 
of postsecondary educational institutions that participate in the 
student aid programs under title IV of the Higher Education Act of 
1965, as amended (HEA). A postsecondary educational institution must be 
accredited by an accrediting agency recognized by the Department for 
that purpose, and the institution must also be authorized by the State 
in which it is located to be eligible for programs under title IV of 
the HEA. An eligible postsecondary institution must be approved by the 
Department for participation in programs under title IV of the HEA.
    Postsecondary educational institutions submit an application 
through the internet for participation in programs authorized under 
title IV of the HEA. PEPS is the back-end repository where the data 
provided by those institutions resides and can be accessed by 
Department staff to confirm compliance with title IV of the HEA. Any 
authorized user can perform an ad hoc data extract from PEPS, and the 
PEPS staff provides tailored extracts to users on request. A limited 
number of scheduled extracts and uploads are run on a routine basis. 
These are fixed files, and no changes are made on either side without 
written approval/notice on both sides.
    The PEPS system of records notice was last published in full in the 
Federal Register on June 4, 1999 (64 FR 30106, 30171-30173), and 
amended on December 27, 1999 (64 FR 72384, 72405). This system of 
records notice was rescinded on August 8, 2017 (82 FR 37089), with 
plans for the PEPS functions and records to be integrated into a new 
system of records entitled ``Integrated Partner Management (IPM) 
system.'' The Department subsequently determined not to bring the IPM 
system of records into service, and, as a result, PEPS was kept in 
service. The new PEPS system of records notice is being republished in 
full in accordance with the Privacy Act with modifications being made 
to system of records notices from the last publications in 1999. The 
IPM system of records notice is being rescinded.
    The Department is modifying the section of the PEPS notice entitled 
``SECURITY CLASSIFICATION'' to add that the system is unclassified and 
the section of the PEPS notice entitled ``SYSTEM LOCATION'' to reflect 
the current addresses where the system is located. The Department is 
modifying the section entitled ``SYSTEM MANAGER(S)'' to reflect the 
current location of the Office of Student Financial Assistance Programs 
in Federal Student Aid.
    The Department is modifying the section of the notice entitled 
``RECORD SOURCE CATEGORIES'' to include that the system may obtain 
records from other persons or entities from which data is obtained 
under the section entitled ``ROUTINE USES OF RECORDS MAINTAINED IN THE 
SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES.''

[[Page 45913]]

    The Department is modifying routine use (3) entitled ``Litigation 
and Alternative Dispute Resolution (ADR) Disclosure'' to indicate that 
the Department may make disclosures under this routine use when the 
Department requests representation from the Department of Justice for 
an employee of the Department who is being sued in his or her 
individual capacity as well as to change ``an individual'' to ``a 
person'' who has been designated by the Department or otherwise 
empowered to resolve or mediate disputes in order to avoid confusion 
because the word ``individual'' is a defined term under the Privacy 
Act.
    The Department is also modifying routine uses (5) entitled 
``Employee Grievance, Complaint, or Conduct Disclosure'' and (6) 
``Labor Organization Disclosure'' to clarify and promote the 
standardization of the language used in this routine use with that used 
in the Department's other systems of records notices. The Department is 
also modifying routine use (7) entitled ``Freedom of Information Act 
(FOIA) or Privacy Act Advice Disclosure'' to permit the Department to 
obtain counsel necessary to ensure that individual privacy rights are 
protected under the Privacy Act.
    The Department is also modifying routine use (9) entitled 
``Contract Disclosure'' and routine use (10) entitled ``Research 
Disclosure'' to remove language that respectively referenced safeguard 
requirements under subsection (m) of the Privacy Act and Privacy Act 
safeguards. The Department is revising the language in these routine 
uses to clarify that contractors and researchers to whom disclosures 
are made under these routine uses will be required to agree to 
safeguards to protect the security and confidentiality of the records 
in the system. The Department is also revising routine use (9) to 
clarify that these safeguards will be entered into ``as part of such a 
contract,'' rather than ``before entering into such a contract.''
    The Department is further modifying routine use (12) ``Disclosure 
to the Office of Management and Budget or the Congressional Budget 
Office (CBO) for Credit Reform Act (CRA) Support'' to add that the 
Department may disclose records to the CBO as necessary to fulfill CRA 
requirements and to clarify that any disclosure must be in accordance 
with 2 U.S.C. 661b.
    Pursuant to the requirements in Office of Management and Budget 
(OMB) M-17-12, the Department is adding the routine use (13) entitled 
``Disclosure in the Course of Responding to a Breach of Data'' and 
routine use (14) entitled ``Disclosure in Assisting another Agency in 
Responding to a Breach of Data.''
    The Department is updating the section entitled ``POLICIES AND 
PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS'' to reflect the 
current Department records retention and disposition schedule covering 
records in this system. The Department is also updating the section 
entitled ``ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS'' to 
include two-factor authentication, firewalls, encryption, and password 
protection as additional safeguards.
    The Department is modifying the sections entitled ``RECORD ACCESS 
PROCEDURES,'' ``CONTESTING RECORDS PROCEDURES,'' and ``NOTIFICATION 
PROCEDURES'' to specify the required information that an individual 
must provide when making a request for access to or notification of a 
record or to contest the content of a record in the system.
    Finally, pursuant to the requirements of OMB Circular No. A-108, 
the Department is adding a new section entitled ``HISTORY.''
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations via the Federal Digital System at: www.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: September 6, 2018.
James F. Manning,
Acting Chief Operating Officer, Federal Student Aid.

    For the reasons discussed in the preamble, the Acting Chief 
Operating Officer, Federal Student Aid of the U.S. Department of 
Education (Department) publishes a notice of a new and a rescinded 
system of records to read as follows:
RESCINDED SYSTEM NAME AND NUMBER
    Integrated Partner Management (IPM) system (18-11-21).

HISTORY:
    The Integrated Partner Management system of records notice was 
published in the Federal Register on August 8, 2017 (82 FR 37089-
37094).

NEW SYSTEM NAME AND NUMBER:
    Postsecondary Education Participants System (PEPS) (18-11-09).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Plano Technology Center, 2300 West Plano Parkway, Plano, Texas, 
75075-8427;
    Federal Student Aid, U.S. Department of Education, 830 First Street 
NE, Room 41I1, Washington, DC 20202.
    See the Appendix at the end of this system of records notice for 
additional system locations.

SYSTEM MANAGER(S):
    Director, Postsecondary Education Participants System, Office of 
Student Financial Assistance Programs, U.S. Department of Education 
(Department), 830 First Street NE, Room 112G1, Washington, DC 20202. 
Telephone: (202) 377-3202.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 481, 487, 498 of the Higher Education Act of 1965, as 
amended (HEA), (20 U.S.C. 1088, 1094, 1099c); Section 31001(i)(1) of 
the Debt Collection Improvement Act of 1996, Public Law 104-134 (31 
U.S.C. 7701).

PURPOSE(S) OF THE SYSTEM:
    The information maintained in the PEPS is used for the purposes of 
determining the initial and continuing eligibility of and the 
administrative capability and financial responsibility of postsecondary 
educational institutions that participate in the student financial 
assistance programs authorized under title IV of the HEA, tracking 
school changes and maintaining a history of information regarding 
postsecondary educational institutions that have previously applied to 
participate or participated in these programs, and documenting any need 
for any protective or corrective action against a postsecondary 
educational institution or individual associated with that institution.

[[Page 45914]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The PEPS maintains records about individuals who are owners of 
postsecondary educational institutions (either individually, as 
partners, or owners of the corporate entities that own those 
institutions); officials or authorized agents for those institutions; 
members of boards of directors or trustees of such institutions; 
employees of foreign entities that evaluate the quality of education; 
and individuals from third-party servicers that work with postsecondary 
educational institutions, including contact persons.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The PEPS maintains information regarding the eligibility, 
administrative capability, and financial responsibility of 
postsecondary educational institutions that participate in the student 
financial aid programs authorized under title IV of the HEA, including 
the names, Taxpayer Identification Numbers (generally Social Security 
numbers (SSNs)), business addresses, phone numbers of the individuals 
with substantial ownership interests in, or control over, those 
institutions, and personal identification numbers assigned by the 
Department.

RECORD SOURCE CATEGORIES:
    Information is obtained from applications submitted by 
postsecondary educational institutions and their owners who seek 
approval for such an institution to participate or continue 
participating under new ownership in the student financial assistance 
programs authorized under title IV of the HEA, from components of the 
Department, from other Federal, State and non-governmental agencies and 
organizations that acquire information relevant to the purposes of the 
PEPS. Information may also be obtained from other persons or entities 
from which data is obtained under routine uses set forth below.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The Department may disclose information contained in a record in 
this system of records under the routine uses listed in this system of 
records without the consent of the individual if the disclosure is 
compatible with the purposes for which the record was collected. These 
disclosures may be made on a case-by-case basis or, if the Department 
has complied with the computer matching requirements of the Privacy Act 
of 1974, as amended (Privacy Act), under a computer matching agreement.
    (1) Program Purposes. The Department may disclose information 
contained in the PEPS to appropriate guaranty agencies, educational and 
financial institutions, accrediting agencies, and appropriate Federal, 
State, or local agencies, in order to verify and assist with the 
determination of eligibility, administrative capability, and financial 
responsibility of postsecondary educational institutions that have 
applied to participate in the student financial assistance programs 
authorized under title IV of the HEA.
    (2) Enforcement Disclosure. In the event that information in this 
system of records indicates, either on its face or in connection with 
other information, a violation or potential violation of any applicable 
statute, regulation, or order of a competent authority, the Department 
may disclose the relevant records in the PEPS, as a routine use, to the 
appropriate agency, whether foreign, Federal, State, Tribal, or local, 
charged with the responsibility of investigating or prosecuting such 
violation or charged with enforcing or implementing the statute, or 
executive order or rule, regulation, or order issued pursuant thereto.
    (3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (a) Introduction. In the event that one of the parties listed below 
in subsections (i) through (v) is involved in judicial or 
administrative litigation or ADR, or has an interest in judicial or 
administrative litigation or ADR, the Department may disclose PEPS 
records to the parties described in paragraphs (b), (c), and (d) of 
this routine use under the conditions specified in those paragraphs:
    (i) The Department of Education, or any component of the 
Department;
    (ii) Any Department employee in his or her official capacity;
    (iii) Any employee of the Department in his or her individual 
capacity where the Department of Justice (DOJ) has been requested to or 
has agreed to provide or arrange for representation for the employee;
    (iv) Any employee of the Department in his or her individual 
capacity where the agency has agreed to represent the employee; or
    (v) The United States, where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the Department of Justice. If the Department 
determines that disclosure of certain records to the DOJ is relevant 
and necessary to judicial or administrative litigation or ADR, the 
Department may disclose those records as a routine use to the DOJ.
    (c) Adjudicative Disclosure. If the Department determines that 
disclosure of certain records to an adjudicative body before which the 
Department is authorized to appear, or to a person or entity designated 
by the Department or otherwise empowered to resolve or mediate 
disputes, is relevant and necessary to the judicial or administrative 
litigation or ADR, the Department may disclose those records as a 
routine use to that adjudicative body, person, or entity.
    (d) Disclosure to Parties, Counsel, Representatives, and Witnesses. 
If the Department determines that disclosure of certain records to a 
party, counsel, representative, or witness is relevant and necessary to 
the judicial or administrative litigation or ADR, the Department may 
disclose those records as a routine use to the party, counsel, 
representative, or witness.
    (4) Employment, Benefit, and Contracting Disclosure.
    (a) For decisions by the Department. The Department may disclose 
records to a Federal, State, or local agency maintaining civil, 
criminal, or other relevant enforcement or other pertinent records, or 
to another public authority or professional organization, if necessary 
to obtain information relevant to a Department decision concerning the 
hiring or retention of an employee or other personnel action, the 
issuance of a security clearance, the letting of a contract, or the 
issuance of a license, grant, or other benefit.
    (b) For decisions by Other Public Agencies and Professional 
Organizations. The Department may disclose records to a Federal, State, 
local, or foreign agency or other public authority or professional 
organization, in connection with the hiring or retention of an employee 
or other personnel action, the issuance of a security clearance, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit, to the extent that the record is relevant and necessary to the 
receiving entity's decision on the matter.
    (5) Employee Grievance, Complaint, or Conduct Disclosure. If a 
record is relevant and necessary to an employee grievance, complaint, 
or disciplinary action involving a present or former employee of the 
Department, the Department may disclose a record from this system of 
records in the course of investigation, fact-finding, or adjudication, 
to any party to the grievance, complaint, or action; to the party's 
counsel or representative; to a witness; or to a designated fact-
finder, mediator, or other person designated to resolve issues or 
decide the matter.

[[Page 45915]]

    (6) Labor Organization Disclosure. The Department may disclose 
records from this system of records to an arbitrator to resolve 
disputes under a negotiated grievance process or to officials of a 
labor organization recognized under 5 U.S.C. chapter 71 when relevant 
and necessary to their duties of exclusive representation.
    (7) Freedom of Information Act (FOIA) or Privacy Act Advice 
Disclosure. The Department may disclose records to the DOJ or the 
Office of Management and Budget (OMB) if the Department seeks advice 
regarding whether records maintained in this system of records are 
required to be disclosed under the FOIA or Privacy Act.
    (8) Disclosure to the DOJ. The Department may disclose records to 
the DOJ to the extent necessary for obtaining DOJ advice on any matter 
relevant to an audit, inspection, or other inquiry related to the 
programs covered by this system.
    (9) Contract Disclosure. If the Department contracts with an entity 
for the purpose of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records to those employees. As part of such a 
contract, the Department shall require the contractor to agree to 
maintain safeguards to protect the security and confidentiality of the 
records in the system.
    (10) Research Disclosure. The Department may disclose records to a 
researcher if an appropriate official of the Department determines that 
the individual or organization to which the disclosure would be made is 
qualified to carry out specific research related to functions or 
purposes of this system of records. The official may disclose records 
from this system of records to that researcher solely for the purpose 
of carrying out that research related to the functions or purposes of 
this system of records. The researcher shall be required to agree to 
maintain safeguards to protect the security and confidentiality of the 
disclosed records.
    (11) Congressional Member Disclosure. The Department may disclose 
records to a member of Congress from the record of an individual in 
response to an inquiry from the member made at the written request of 
that individual. The member's right to the information is no greater 
than the right of the individual who requested it.
    (12) Disclosure to the Office of Management and Budget or the 
Congressional Budget Office (CBO) for Credit Reform Act (CRA) Support. 
The Department may disclose records to the OMB or the CBO as necessary 
to fulfill CRA requirements in accordance with 2 U.S.C. 661b.
    (13) Disclosure in the Course of Responding to a Breach of Data. 
The Department may disclose records to appropriate agencies, entities, 
and persons when (a) the Department suspects or has confirmed that 
there has been a breach of the system of records; (b) the Department 
has determined that as a result of the suspected or confirmed breach 
there is a risk of harm to individuals, the Department (including its 
information systems, program, and operation), the Federal Government, 
or national security; and (c) the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with the Department's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    (14) Disclosure in Assisting another Agency in Responding to a 
Breach of Data. The Department may disclose records from this system to 
another Federal agency or Federal entity, when the Department 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (a) responding to 
a suspected or confirmed breach or (b) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records are maintained on electronic data files on a server.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records are indexed by the name of the institution or 
organization, and may be retrieved by the OPEID of postsecondary 
educational institution, EIN (Entity Identification Number) of the 
postsecondary educational institution or entity; or the name or the 
Taxpayer Identification Number (generally the Social Security number) 
of the individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained and disposed of in accordance with the 
Department Records Schedule 074: FSA Guaranty Agency, Financial and 
Education Institution Eligibility, Compliance, Monitoring and Oversight 
Records (N1-441-09-15). Records are destroyed/deleted 30 years after 
cut off. Cut off occurs at the end of the fiscal year when final action 
is completed.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All physical access to the Department of Education sites, and the 
site of Department contractor where this system of records is 
maintained, is controlled and monitored by security personnel who check 
each individual entering the building for his or her employee or 
visitor badge. The computer system employed by the Department offers a 
high degree of resistance to tampering and circumvention with 
firewalls, encryption, and password protection. This security system 
limits data access to staff of the Department, guarantors, accrediting 
agencies, State agencies, and Department contractors on a ``need-to-
know'' basis, and controls individual users' ability to access and 
alter records within the system. All users of this system of records 
are given a unique user ID with personal identifiers. All interactions 
by individual users with the system are recorded. Access to the system 
requires two-factor authentication.

RECORD ACCESS PROCEDURES:
    If you wish to gain access to any record in the system of records, 
you must contact the system manager at the address listed above. You 
must provide the necessary particulars of your name, SSN, and any other 
identifying information requested by the Department, while processing 
the request, to distinguish between individuals with the same name. 
Such requests must meet the requirements of 34 CFR 5b.5.

CONTESTING RECORD PROCEDURES:
    If you wish to contest the content of a record in the system 
pertaining to you, you must contact the system manager at the address 
listed above. The request to amend must be made in writing and 
addressed to the system manager at the address provided above with the 
necessary particulars of your name, SSN, and any other identifying 
information requested by the Department, while processing the request, 
to distinguish between individuals with the same name. The request must 
identify the particular record within the PEPS that you wish to have 
changed, state whether you wish to have the record amended, corrected, 
or deleted, and explain the reasons why you wish to have the record 
changed. Requests to amend a record must meet

[[Page 45916]]

the requirements of the Department's Privacy Act regulations at 34 CFR 
5b.7.

NOTIFICATION PROCEDURES:
    If you wish to determine whether a record exists regarding you in 
the system, you must contact the system manager at the address listed 
above. You must provide the necessary particulars of your name, SSN, 
and any other identifying information requested by the Department, 
while processing the request, to distinguish between individuals with 
the same name. Your request must meet the requirements of the 
regulations at 34 CFR 5b.5, including proof of identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The system of records was published in the Federal Register on June 
4, 1999 (64 FR 30106, 30171-30173), and amended on December 27, 1999 
(64 FR 72384, 72405). This system of records was rescinded on August 8, 
2017 (82 FR 37089-37094).
Appendix to 18-11-09

ADDITIONAL SYSTEM LOCATIONS:
    Boston Office, 5 Post Office Square, Boston, MA 02109. New York 
Office, 32 Old Slip, New York, NY 10005. Philadelphia Office, The 
Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107.
    Chicago Office, Citigroup Center, 500 W Madison Street Chicago, IL 
60661.
    Atlanta Office, 61 Forsyth Street SW, Atlanta, GA 30303.
    Dallas Office, 1999 Bryan Street, Dallas, TX 75201.
    Kansas City Office, 1010 Walnut Street, Kansas City, MO 64106.
    Denver Office, Cesar E. Chavez Memorial Building, 1244 Speer 
Boulevard, Denver, CO 80204.
    San Francisco Office, 50 Beale Street, San Francisco, CA 94105.
    Seattle Office, 915 Second Avenue, Seattle, WA 98174.
    U.S. Department of Education, 400 Maryland Avenue SW, Washington, 
DC 20202.

[FR Doc. 2018-19688 Filed 9-10-18; 8:45 am]
 BILLING CODE 4000-01-P



                                               45912                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                                 Dated: September 6, 2018.                             include the Docket ID and at the top of               eligible for programs under title IV of
                                               James F. Manning,                                       your comments.                                        the HEA. An eligible postsecondary
                                               Acting Chief Operating Officer, Federal                    • Federal eRulemaking Portal: Go to                institution must be approved by the
                                               Student Aid.                                            www.regulations.gov to submit your                    Department for participation in
                                               [FR Doc. 2018–19738 Filed 9–10–18; 8:45 am]             comments electronically. Information                  programs under title IV of the HEA.
                                               BILLING CODE 4000–01–P                                  on using Regulations.gov, including                      Postsecondary educational
                                                                                                       instructions for accessing agency                     institutions submit an application
                                                                                                       documents, submitting comments, and                   through the internet for participation in
                                               DEPARTMENT OF EDUCATION                                 viewing the docket, is available on the               programs authorized under title IV of
                                                                                                       site under the ‘‘help’’ tab.                          the HEA. PEPS is the back-end
                                               [Docket ID ED–2018–FSA–0031]
                                                                                                          • Postal Mail, Commercial Delivery,                repository where the data provided by
                                               Privacy Act of 1974; System of                          or Hand Delivery: If you mail or deliver              those institutions resides and can be
                                               Records                                                 your comments about either system of                  accessed by Department staff to confirm
                                                                                                       records, address them to: Director,                   compliance with title IV of the HEA.
                                               AGENCY:  Federal Student Aid,                           Postsecondary Education Participants                  Any authorized user can perform an ad
                                               Department of Education.                                System, Office of Student Financial                   hoc data extract from PEPS, and the
                                               ACTION: Notice of a New System of                       Assistance Programs, U.S. Department                  PEPS staff provides tailored extracts to
                                               Records and Rescindment of a System of                  of Education, 830 First Street NE, Room               users on request. A limited number of
                                               Records.                                                112G1, Washington, DC 20202.                          scheduled extracts and uploads are run
                                                                                                          Privacy Note: The Department’s                     on a routine basis. These are fixed files,
                                               SUMMARY:    In accordance with the                      policy is to make all comments received               and no changes are made on either side
                                               Privacy Act of 1974, as amended                         from members of the public available for              without written approval/notice on both
                                               (Privacy Act), the Department of                        public viewing in their entirety on the               sides.
                                               Education (Department) publishes this                   Federal eRulemaking Portal at                            The PEPS system of records notice
                                               new notice of a system of records                       www.regulations.gov. Therefore,                       was last published in full in the Federal
                                               entitled ‘‘Postsecondary Education                      commenters should be careful to                       Register on June 4, 1999 (64 FR 30106,
                                               Participants System (PEPS)’’ (18–11–09)                 include in their comments only                        30171–30173), and amended on
                                               and a rescinded system of records                       information that they wish to make                    December 27, 1999 (64 FR 72384,
                                               entitled ‘‘Integrated Partner                           publicly available.                                   72405). This system of records notice
                                               Management (IPM) system’’ (18–11–21).                      Assistance to Individuals with                     was rescinded on August 8, 2017 (82 FR
                                               The Department is rescinding the IPM                    Disabilities in Reviewing the                         37089), with plans for the PEPS
                                               system because the Department did not                   Rulemaking Record: On request, we will                functions and records to be integrated
                                               implement it and will continue using                    provide an appropriate accommodation                  into a new system of records entitled
                                               the PEPS system of records.                             or auxiliary aid to an individual with a              ‘‘Integrated Partner Management (IPM)
                                               DATES: Submit your comments on the                      disability who needs assistance to                    system.’’ The Department subsequently
                                               proposed new PEPS system of records                     review the comments or other                          determined not to bring the IPM system
                                               notice and rescinded IPM system of                      documents in the public rulemaking                    of records into service, and, as a result,
                                               records notice on or before October 11,                 record for this notice. If you want to                PEPS was kept in service. The new
                                               2018.                                                   schedule an appointment for this type of              PEPS system of records notice is being
                                                 The re-issuance of the PEPS and the                   accommodation or aid, please contact                  republished in full in accordance with
                                               rescission of the IPM systems of records                the person listed under FOR FURTHER                   the Privacy Act with modifications
                                               notices will become applicable upon                     INFORMATION CONTACT.                                  being made to system of records notices
                                               publication in the Federal Register on                  FOR FURTHER INFORMATION CONTACT:                      from the last publications in 1999. The
                                               September 11, 2018, unless changes are                  Director, Postsecondary Education                     IPM system of records notice is being
                                               made to the systems of records notices                  Participants System, Office of Student                rescinded.
                                               as a result of public comment. The                      Financial Assistance Programs, U.S.                      The Department is modifying the
                                               routine uses listed under ‘‘ROUTINE                     Department of Education, 830 First                    section of the PEPS notice entitled
                                               USES OF RECORDS MAINTAINED IN                           Street NE, Room 112G1, Washington,                    ‘‘SECURITY CLASSIFICATION’’ to add
                                               THE SYSTEM, INCLUDING                                   DC 20202.                                             that the system is unclassified and the
                                               CATEGORIES OF USERS AND                                    If you use a telecommunications                    section of the PEPS notice entitled
                                               PURPOSES OF SUCH USES’’ for the                         device for the deaf (TDD) or a text                   ‘‘SYSTEM LOCATION’’ to reflect the
                                               new system of records will become                       telephone (TTY), you may call the                     current addresses where the system is
                                               applicable on October 11, 2018, unless                  Federal Relay Service, toll free, at 1–               located. The Department is modifying
                                               the new system of records notice needs                  800–877–8339.                                         the section entitled ‘‘SYSTEM
                                               to be revised as a result of public                     SUPPLEMENTARY INFORMATION: The PEPS                   MANAGER(S)’’ to reflect the current
                                               comment. The Department will publish                    enables the Department of Education                   location of the Office of Student
                                               any changes to the systems of records                   effectively to administer the approval,               Financial Assistance Programs in
                                               notices or routine uses that result from                periodic review, and oversight of                     Federal Student Aid.
                                               public comment.                                         postsecondary educational institutions                   The Department is modifying the
                                               ADDRESSES: Submit your comments                         that participate in the student aid                   section of the notice entitled ‘‘RECORD
                                               through the Federal eRulemaking Portal                  programs under title IV of the Higher                 SOURCE CATEGORIES’’ to include that
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                                               or via postal mail, commercial delivery,                Education Act of 1965, as amended                     the system may obtain records from
                                               or hand delivery. We will not accept                    (HEA). A postsecondary educational                    other persons or entities from which
                                               comments submitted by fax or by email                   institution must be accredited by an                  data is obtained under the section
                                               or those submitted after the comment                    accrediting agency recognized by the                  entitled ‘‘ROUTINE USES OF RECORDS
                                               period. To ensure that we do not receive                Department for that purpose, and the                  MAINTAINED IN THE SYSTEM,
                                               duplicate copies, please submit your                    institution must also be authorized by                INCLUDING CATEGORIES OF USERS
                                               comments only once. In addition, please                 the State in which it is located to be                AND PURPOSES OF SUCH USES.’’


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                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                           45913

                                                  The Department is modifying routine                  Data’’ and routine use (14) entitled                  publishes a notice of a new and a
                                               use (3) entitled ‘‘Litigation and                       ‘‘Disclosure in Assisting another Agency              rescinded system of records to read as
                                               Alternative Dispute Resolution (ADR)                    in Responding to a Breach of Data.’’                  follows:
                                               Disclosure’’ to indicate that the                          The Department is updating the
                                               Department may make disclosures                         section entitled ‘‘POLICIES AND                       RESCINDED SYSTEM NAME AND
                                                                                                                                                             NUMBER
                                               under this routine use when the                         PRACTICES FOR RETENTION AND
                                               Department requests representation                      DISPOSAL OF RECORDS’’ to reflect the                    Integrated Partner Management (IPM)
                                               from the Department of Justice for an                   current Department records retention                  system (18–11–21).
                                               employee of the Department who is                       and disposition schedule covering
                                                                                                                                                             HISTORY:
                                               being sued in his or her individual                     records in this system. The Department
                                               capacity as well as to change ‘‘an                      is also updating the section entitled                   The Integrated Partner Management
                                               individual’’ to ‘‘a person’’ who has been               ‘‘ADMINISTRATIVE, TECHNICAL,                          system of records notice was published
                                               designated by the Department or                         AND PHYSICAL SAFEGUARDS’’ to                          in the Federal Register on August 8,
                                               otherwise empowered to resolve or                       include two-factor authentication,                    2017 (82 FR 37089–37094).
                                               mediate disputes in order to avoid                      firewalls, encryption, and password                   NEW SYSTEM NAME AND NUMBER:
                                               confusion because the word                              protection as additional safeguards.
                                               ‘‘individual’’ is a defined term under the                 The Department is modifying the                      Postsecondary Education Participants
                                               Privacy Act.                                            sections entitled ‘‘RECORD ACCESS                     System (PEPS) (18–11–09).
                                                  The Department is also modifying                     PROCEDURES,’’ ‘‘CONTESTING                            SECURITY CLASSIFICATION:
                                               routine uses (5) entitled ‘‘Employee                    RECORDS PROCEDURES,’’ and                                Unclassified.
                                               Grievance, Complaint, or Conduct                        ‘‘NOTIFICATION PROCEDURES’’ to
                                               Disclosure’’ and (6) ‘‘Labor Organization               specify the required information that an              SYSTEM LOCATION:
                                               Disclosure’’ to clarify and promote the                 individual must provide when making a                   Plano Technology Center, 2300 West
                                               standardization of the language used in                 request for access to or notification of a            Plano Parkway, Plano, Texas, 75075–
                                               this routine use with that used in the                  record or to contest the content of a                 8427;
                                               Department’s other systems of records                   record in the system.                                   Federal Student Aid, U.S. Department
                                               notices. The Department is also                            Finally, pursuant to the requirements              of Education, 830 First Street NE, Room
                                               modifying routine use (7) entitled                      of OMB Circular No. A–108, the                        41I1, Washington, DC 20202.
                                               ‘‘Freedom of Information Act (FOIA) or                  Department is adding a new section                      See the Appendix at the end of this
                                               Privacy Act Advice Disclosure’’ to                      entitled ‘‘HISTORY.’’                                 system of records notice for additional
                                               permit the Department to obtain counsel                    Accessible Format: Individuals with                system locations.
                                               necessary to ensure that individual                     disabilities can obtain this document in
                                               privacy rights are protected under the                  an accessible format (e.g., braille, large            SYSTEM MANAGER(S):
                                               Privacy Act.                                            print, audiotape, or compact disc) on                   Director, Postsecondary Education
                                                  The Department is also modifying                     request to the program contact person                 Participants System, Office of Student
                                               routine use (9) entitled ‘‘Contract                     listed under FOR FURTHER INFORMATION                  Financial Assistance Programs, U.S.
                                               Disclosure’’ and routine use (10)                       CONTACT.                                              Department of Education (Department),
                                               entitled ‘‘Research Disclosure’’ to                        Electronic Access to This Document:                830 First Street NE, Room 112G1,
                                               remove language that respectively                       The official version of this document is              Washington, DC 20202. Telephone:
                                               referenced safeguard requirements                       the document published in the Federal                 (202) 377–3202.
                                               under subsection (m) of the Privacy Act                 Register. You may access the official
                                               and Privacy Act safeguards. The                                                                               AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                                                                                       edition of the Federal Register and the
                                               Department is revising the language in                  Code of Federal Regulations via the                     Sections 481, 487, 498 of the Higher
                                               these routine uses to clarify that                      Federal Digital System at: www.gpo.gov/               Education Act of 1965, as amended
                                               contractors and researchers to whom                     fdsys. At this site you can view this                 (HEA), (20 U.S.C. 1088, 1094, 1099c);
                                               disclosures are made under these                        document, as well as all other                        Section 31001(i)(1) of the Debt
                                               routine uses will be required to agree to               documents of this Department                          Collection Improvement Act of 1996,
                                               safeguards to protect the security and                  published in the Federal Register, in                 Public Law 104–134 (31 U.S.C. 7701).
                                               confidentiality of the records in the                   text or Portable Document Format                      PURPOSE(S) OF THE SYSTEM:
                                               system. The Department is also revising                 (PDF). To use PDF you must have
                                               routine use (9) to clarify that these                   Adobe Acrobat Reader, which is                           The information maintained in the
                                               safeguards will be entered into ‘‘as part               available free at the site.                           PEPS is used for the purposes of
                                               of such a contract,’’ rather than ‘‘before                 You may also access documents of the               determining the initial and continuing
                                               entering into such a contract.’’                        Department published in the Federal                   eligibility of and the administrative
                                                  The Department is further modifying                  Register by using the article search                  capability and financial responsibility of
                                               routine use (12) ‘‘Disclosure to the                    feature at: www.federalregister.gov.                  postsecondary educational institutions
                                               Office of Management and Budget or the                  Specifically, through the advanced                    that participate in the student financial
                                               Congressional Budget Office (CBO) for                   search feature at this site, you can limit            assistance programs authorized under
                                               Credit Reform Act (CRA) Support’’ to                    your search to documents published by                 title IV of the HEA, tracking school
                                               add that the Department may disclose                    the Department.                                       changes and maintaining a history of
                                               records to the CBO as necessary to fulfill                                                                    information regarding postsecondary
                                                                                                         Dated: September 6, 2018.                           educational institutions that have
                                               CRA requirements and to clarify that
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                                               any disclosure must be in accordance                    James F. Manning,                                     previously applied to participate or
                                               with 2 U.S.C. 661b.                                     Acting Chief Operating Officer, Federal               participated in these programs, and
                                                  Pursuant to the requirements in Office               Student Aid.                                          documenting any need for any
                                               of Management and Budget (OMB) M–                         For the reasons discussed in the                    protective or corrective action against a
                                               17–12, the Department is adding the                     preamble, the Acting Chief Operating                  postsecondary educational institution or
                                               routine use (13) entitled ‘‘Disclosure in               Officer, Federal Student Aid of the U.S.              individual associated with that
                                               the Course of Responding to a Breach of                 Department of Education (Department)                  institution.


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                                               45914                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                               CATEGORIES OF INDIVIDUALS COVERED BY THE                   (1) Program Purposes. The                             (c) Adjudicative Disclosure. If the
                                               SYSTEM:                                                 Department may disclose information                   Department determines that disclosure
                                                  The PEPS maintains records about                     contained in the PEPS to appropriate                  of certain records to an adjudicative
                                               individuals who are owners of                           guaranty agencies, educational and                    body before which the Department is
                                               postsecondary educational institutions                  financial institutions, accrediting                   authorized to appear, or to a person or
                                               (either individually, as partners, or                   agencies, and appropriate Federal, State,             entity designated by the Department or
                                               owners of the corporate entities that                   or local agencies, in order to verify and             otherwise empowered to resolve or
                                               own those institutions); officials or                   assist with the determination of                      mediate disputes, is relevant and
                                               authorized agents for those institutions;               eligibility, administrative capability,               necessary to the judicial or
                                               members of boards of directors or                       and financial responsibility of                       administrative litigation or ADR, the
                                               trustees of such institutions; employees                postsecondary educational institutions                Department may disclose those records
                                               of foreign entities that evaluate the                   that have applied to participate in the               as a routine use to that adjudicative
                                               quality of education; and individuals                   student financial assistance programs                 body, person, or entity.
                                               from third-party servicers that work                    authorized under title IV of the HEA.                    (d) Disclosure to Parties, Counsel,
                                               with postsecondary educational                             (2) Enforcement Disclosure. In the                 Representatives, and Witnesses. If the
                                               institutions, including contact persons.                event that information in this system of              Department determines that disclosure
                                                                                                       records indicates, either on its face or in           of certain records to a party, counsel,
                                               CATEGORIES OF RECORDS IN THE SYSTEM:
                                                                                                       connection with other information, a                  representative, or witness is relevant
                                                 The PEPS maintains information                        violation or potential violation of any               and necessary to the judicial or
                                               regarding the eligibility, administrative               applicable statute, regulation, or order              administrative litigation or ADR, the
                                               capability, and financial responsibility                of a competent authority, the                         Department may disclose those records
                                               of postsecondary educational                                                                                  as a routine use to the party, counsel,
                                                                                                       Department may disclose the relevant
                                               institutions that participate in the                                                                          representative, or witness.
                                                                                                       records in the PEPS, as a routine use, to
                                               student financial aid programs                                                                                   (4) Employment, Benefit, and
                                                                                                       the appropriate agency, whether foreign,
                                               authorized under title IV of the HEA,                                                                         Contracting Disclosure.
                                                                                                       Federal, State, Tribal, or local, charged
                                               including the names, Taxpayer                                                                                    (a) For decisions by the Department.
                                                                                                       with the responsibility of investigating
                                               Identification Numbers (generally Social                                                                      The Department may disclose records to
                                                                                                       or prosecuting such violation or charged
                                               Security numbers (SSNs)), business                                                                            a Federal, State, or local agency
                                                                                                       with enforcing or implementing the
                                               addresses, phone numbers of the                                                                               maintaining civil, criminal, or other
                                                                                                       statute, or executive order or rule,
                                               individuals with substantial ownership                                                                        relevant enforcement or other pertinent
                                                                                                       regulation, or order issued pursuant
                                               interests in, or control over, those                                                                          records, or to another public authority
                                               institutions, and personal identification               thereto.
                                                                                                          (3) Litigation and Alternative Dispute             or professional organization, if
                                               numbers assigned by the Department.                                                                           necessary to obtain information relevant
                                                                                                       Resolution (ADR) Disclosure.
                                               RECORD SOURCE CATEGORIES:                                  (a) Introduction. In the event that one            to a Department decision concerning the
                                                                                                       of the parties listed below in                        hiring or retention of an employee or
                                                  Information is obtained from
                                                                                                       subsections (i) through (v) is involved in            other personnel action, the issuance of
                                               applications submitted by
                                                                                                       judicial or administrative litigation or              a security clearance, the letting of a
                                               postsecondary educational institutions
                                                                                                       ADR, or has an interest in judicial or                contract, or the issuance of a license,
                                               and their owners who seek approval for
                                                                                                       administrative litigation or ADR, the                 grant, or other benefit.
                                               such an institution to participate or
                                                                                                       Department may disclose PEPS records                     (b) For decisions by Other Public
                                               continue participating under new
                                                                                                       to the parties described in paragraphs                Agencies and Professional
                                               ownership in the student financial
                                                                                                       (b), (c), and (d) of this routine use under           Organizations. The Department may
                                               assistance programs authorized under
                                                                                                       the conditions specified in those                     disclose records to a Federal, State,
                                               title IV of the HEA, from components of
                                                                                                       paragraphs:                                           local, or foreign agency or other public
                                               the Department, from other Federal,
                                                                                                          (i) The Department of Education, or                authority or professional organization,
                                               State and non-governmental agencies
                                                                                                       any component of the Department;                      in connection with the hiring or
                                               and organizations that acquire
                                                                                                          (ii) Any Department employee in his                retention of an employee or other
                                               information relevant to the purposes of
                                                                                                       or her official capacity;                             personnel action, the issuance of a
                                               the PEPS. Information may also be
                                                                                                          (iii) Any employee of the Department               security clearance, the letting of a
                                               obtained from other persons or entities
                                                                                                       in his or her individual capacity where               contract, or the issuance of a license,
                                               from which data is obtained under
                                                                                                       the Department of Justice (DOJ) has been              grant, or other benefit, to the extent that
                                               routine uses set forth below.
                                                                                                       requested to or has agreed to provide or              the record is relevant and necessary to
                                               ROUTINE USES OF RECORDS MAINTAINED IN THE               arrange for representation for the                    the receiving entity’s decision on the
                                               SYSTEM, INCLUDING CATEGORIES OF USERS AND               employee;                                             matter.
                                               PURPOSES OF SUCH USES:                                     (iv) Any employee of the Department                   (5) Employee Grievance, Complaint,
                                                 The Department may disclose                           in his or her individual capacity where               or Conduct Disclosure. If a record is
                                               information contained in a record in                    the agency has agreed to represent the                relevant and necessary to an employee
                                               this system of records under the routine                employee; or                                          grievance, complaint, or disciplinary
                                               uses listed in this system of records                      (v) The United States, where the                   action involving a present or former
                                               without the consent of the individual if                Department determines that the                        employee of the Department, the
                                               the disclosure is compatible with the                   litigation is likely to affect the                    Department may disclose a record from
                                               purposes for which the record was                       Department or any of its components.                  this system of records in the course of
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                                               collected. These disclosures may be                        (b) Disclosure to the Department of                investigation, fact-finding, or
                                               made on a case-by-case basis or, if the                 Justice. If the Department determines                 adjudication, to any party to the
                                               Department has complied with the                        that disclosure of certain records to the             grievance, complaint, or action; to the
                                               computer matching requirements of the                   DOJ is relevant and necessary to judicial             party’s counsel or representative; to a
                                               Privacy Act of 1974, as amended                         or administrative litigation or ADR, the              witness; or to a designated fact-finder,
                                               (Privacy Act), under a computer                         Department may disclose those records                 mediator, or other person designated to
                                               matching agreement.                                     as a routine use to the DOJ.                          resolve issues or decide the matter.


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                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                             45915

                                                  (6) Labor Organization Disclosure.                   Department may disclose records to the                deleted 30 years after cut off. Cut off
                                               The Department may disclose records                     OMB or the CBO as necessary to fulfill                occurs at the end of the fiscal year when
                                               from this system of records to an                       CRA requirements in accordance with 2                 final action is completed.
                                               arbitrator to resolve disputes under a                  U.S.C. 661b.
                                               negotiated grievance process or to                         (13) Disclosure in the Course of                   ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
                                               officials of a labor organization                       Responding to a Breach of Data. The                   SAFEGUARDS:
                                               recognized under 5 U.S.C. chapter 71                    Department may disclose records to                      All physical access to the Department
                                               when relevant and necessary to their                    appropriate agencies, entities, and                   of Education sites, and the site of
                                               duties of exclusive representation.                     persons when (a) the Department                       Department contractor where this
                                                  (7) Freedom of Information Act                       suspects or has confirmed that there has              system of records is maintained, is
                                               (FOIA) or Privacy Act Advice                            been a breach of the system of records;               controlled and monitored by security
                                               Disclosure. The Department may                          (b) the Department has determined that                personnel who check each individual
                                               disclose records to the DOJ or the Office               as a result of the suspected or confirmed             entering the building for his or her
                                               of Management and Budget (OMB) if the                   breach there is a risk of harm to                     employee or visitor badge. The
                                               Department seeks advice regarding                       individuals, the Department (including                computer system employed by the
                                               whether records maintained in this                      its information systems, program, and                 Department offers a high degree of
                                               system of records are required to be                    operation), the Federal Government, or                resistance to tampering and
                                               disclosed under the FOIA or Privacy                     national security; and (c) the disclosure             circumvention with firewalls,
                                               Act.                                                    made to such agencies, entities, and                  encryption, and password protection.
                                                  (8) Disclosure to the DOJ. The                       persons is reasonably necessary to assist             This security system limits data access
                                               Department may disclose records to the                  in connection with the Department’s                   to staff of the Department, guarantors,
                                               DOJ to the extent necessary for                         efforts to respond to the suspected or                accrediting agencies, State agencies, and
                                               obtaining DOJ advice on any matter                      confirmed breach or to prevent,                       Department contractors on a ‘‘need-to-
                                               relevant to an audit, inspection, or other              minimize, or remedy such harm.                        know’’ basis, and controls individual
                                               inquiry related to the programs covered                    (14) Disclosure in Assisting another               users’ ability to access and alter records
                                               by this system.                                         Agency in Responding to a Breach of                   within the system. All users of this
                                                  (9) Contract Disclosure. If the                      Data. The Department may disclose                     system of records are given a unique
                                               Department contracts with an entity for                 records from this system to another                   user ID with personal identifiers. All
                                               the purpose of performing any function                  Federal agency or Federal entity, when                interactions by individual users with
                                               that requires disclosure of records in                  the Department determines that                        the system are recorded. Access to the
                                               this system to employees of the                         information from this system of records               system requires two-factor
                                               contractor, the Department may disclose                 is reasonably necessary to assist the                 authentication.
                                               the records to those employees. As part                 recipient agency or entity in (a)
                                               of such a contract, the Department shall                responding to a suspected or confirmed                RECORD ACCESS PROCEDURES:
                                               require the contractor to agree to                      breach or (b) preventing, minimizing, or
                                               maintain safeguards to protect the                                                                              If you wish to gain access to any
                                                                                                       remedying the risk of harm to
                                               security and confidentiality of the                                                                           record in the system of records, you
                                                                                                       individuals, the recipient agency or
                                               records in the system.                                                                                        must contact the system manager at the
                                                                                                       entity (including its information
                                                  (10) Research Disclosure. The                                                                              address listed above. You must provide
                                                                                                       systems, programs, and operations), the
                                               Department may disclose records to a                                                                          the necessary particulars of your name,
                                                                                                       Federal Government, or national
                                               researcher if an appropriate official of                                                                      SSN, and any other identifying
                                                                                                       security, resulting from a suspected or
                                               the Department determines that the                                                                            information requested by the
                                                                                                       confirmed breach.
                                               individual or organization to which the                                                                       Department, while processing the
                                               disclosure would be made is qualified to                POLICIES AND PRACTICES FOR STORAGE OF                 request, to distinguish between
                                               carry out specific research related to                  RECORDS:                                              individuals with the same name. Such
                                               functions or purposes of this system of                   The records are maintained on                       requests must meet the requirements of
                                               records. The official may disclose                      electronic data files on a server.                    34 CFR 5b.5.
                                               records from this system of records to                  POLICIES AND PRACTICES FOR RETRIEVAL OF               CONTESTING RECORD PROCEDURES:
                                               that researcher solely for the purpose of               RECORDS:
                                               carrying out that research related to the                                                                        If you wish to contest the content of
                                                                                                         The records are indexed by the name
                                               functions or purposes of this system of                                                                       a record in the system pertaining to you,
                                                                                                       of the institution or organization, and
                                               records. The researcher shall be                                                                              you must contact the system manager at
                                                                                                       may be retrieved by the OPEID of
                                               required to agree to maintain safeguards                                                                      the address listed above. The request to
                                                                                                       postsecondary educational institution,
                                               to protect the security and                                                                                   amend must be made in writing and
                                                                                                       EIN (Entity Identification Number) of
                                               confidentiality of the disclosed records.                                                                     addressed to the system manager at the
                                                                                                       the postsecondary educational
                                                  (11) Congressional Member                                                                                  address provided above with the
                                                                                                       institution or entity; or the name or the
                                               Disclosure. The Department may                                                                                necessary particulars of your name,
                                                                                                       Taxpayer Identification Number
                                               disclose records to a member of                                                                               SSN, and any other identifying
                                                                                                       (generally the Social Security number)
                                               Congress from the record of an                                                                                information requested by the
                                                                                                       of the individual.
                                               individual in response to an inquiry                                                                          Department, while processing the
                                               from the member made at the written                     POLICIES AND PRACTICES FOR RETENTION AND              request, to distinguish between
                                               request of that individual. The                         DISPOSAL OF RECORDS:                                  individuals with the same name. The
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                                               member’s right to the information is no                   Records are maintained and disposed                 request must identify the particular
                                               greater than the right of the individual                of in accordance with the Department                  record within the PEPS that you wish to
                                               who requested it.                                       Records Schedule 074: FSA Guaranty                    have changed, state whether you wish to
                                                  (12) Disclosure to the Office of                     Agency, Financial and Education                       have the record amended, corrected, or
                                               Management and Budget or the                            Institution Eligibility, Compliance,                  deleted, and explain the reasons why
                                               Congressional Budget Office (CBO) for                   Monitoring and Oversight Records (N1–                 you wish to have the record changed.
                                               Credit Reform Act (CRA) Support. The                    441–09–15). Records are destroyed/                    Requests to amend a record must meet


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                                               45916                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                               the requirements of the Department’s                    ACTION:   Notice.                                     of information technology. Please note
                                               Privacy Act regulations at 34 CFR 5b.7.                                                                       that written comments received in
                                                                                                       SUMMARY:    In accordance with the                    response to this notice will be
                                               NOTIFICATION PROCEDURES:                                Paperwork Reduction Act of 1995, ED is                considered public records.
                                                 If you wish to determine whether a                    proposing a revision of an existing                      Title of Collection: E-Complaint
                                               record exists regarding you in the                      information collection.                               Form(FERPA) and PPRA E-Complaint
                                               system, you must contact the system                     DATES: Interested persons are invited to              Form.
                                               manager at the address listed above.                    submit comments on or before                             OMB Control Number: 1880–0544.
                                               You must provide the necessary                          November 13, 2018.                                       Type of Review: A revision of an
                                               particulars of your name, SSN, and any                  ADDRESSES: To access and review all the               existing information collection.
                                               other identifying information requested                 documents related to the information                     Respondents/Affected Public:
                                               by the Department, while processing the                 collection listed in this notice, please              Individuals or Households.
                                               request, to distinguish between                         use http://www.regulations.gov by                        Total Estimated Number of Annual
                                               individuals with the same name. Your                    searching the Docket ID number ED–                    Responses: 500.
                                               request must meet the requirements of                   2018–ICCD–0093. Comments submitted                       Total Estimated Number of Annual
                                               the regulations at 34 CFR 5b.5,                         in response to this notice should be                  Burden Hours: 500.
                                               including proof of identity.                            submitted electronically through the                     Abstract: The Family Policy
                                               EXEMPTIONS PROMULGATED FOR THE SYSTEM:                  Federal eRulemaking Portal at http://                 Compliance Office (FPCO) reviews,
                                                  None.                                                www.regulations.gov by selecting the                  investigates, and processes complaints
                                                                                                       Docket ID number or via postal mail,                  of alleged violations of the Family
                                               HISTORY:                                                commercial delivery, or hand delivery.                Education Rights and Privacy Act
                                                 The system of records was published                   Please note that comments submitted by                (FERPA) and the Protection of Pupil
                                               in the Federal Register on June 4, 1999                 fax or email and those submitted after                Rights Amendment (PPRA) filed by
                                               (64 FR 30106, 30171–30173), and                         the comment period will not be                        parents and eligible students. FPCO’s
                                               amended on December 27, 1999 (64 FR                     accepted. Written requests for                        authority to investigate, review, and
                                               72384, 72405). This system of records                   information or comments submitted by                  process complaints extends to
                                               was rescinded on August 8, 2017 (82 FR                  postal mail or delivery should be                     allegations of violations of FERPA by
                                               37089–37094).                                           addressed to the Director of the                      any recipient of United States
                                                                                                       Information Collection Clearance                      Department of Education (Department)
                                               Appendix to 18–11–09
                                                                                                       Division, U.S. Department of Education,               funds under a program administered by
                                               ADDITIONAL SYSTEM LOCATIONS:                            550 12th Street SW, PCP, Room 9089,                   the Secretary (e.g., schools, school
                                                 Boston Office, 5 Post Office Square,                  Washington, DC 20202–0023.                            districts, postsecondary institutions,
                                               Boston, MA 02109. New York Office, 32                   FOR FURTHER INFORMATION CONTACT: For                  state educational agencies, and other
                                               Old Slip, New York, NY 10005.                           specific questions related to collection              third parties that receive Department
                                               Philadelphia Office, The Wanamaker                      activities, please contact Angela                     funds). This revision includes the
                                               Building, 100 Penn Square East,                         Arrington, (202)260–8915.                             addition of the PPRA Complaint form
                                               Philadelphia, PA 19107.                                 SUPPLEMENTARY INFORMATION: The                        that would allow parents to file a
                                                 Chicago Office, Citigroup Center, 500                 Department of Education (ED), in                      complaint. The Department expects to
                                               W Madison Street Chicago, IL 60661.                     accordance with the Paperwork                         receive more than 10 complaints under
                                                 Atlanta Office, 61 Forsyth Street SW,                 Reduction Act of 1995 (PRA) (44 U.S.C.                the PPRA requiring approval.
                                               Atlanta, GA 30303.                                      3506(c)(2)(A)), provides the general                    Dated: September 5, 2018.
                                                 Dallas Office, 1999 Bryan Street,                     public and Federal agencies with an
                                               Dallas, TX 75201.                                                                                             Stephanie Valentine,
                                                                                                       opportunity to comment on proposed,                   Acting Director, Information Collection
                                                 Kansas City Office, 1010 Walnut
                                                                                                       revised, and continuing collections of                Clearance Division, Office of the Chief Privacy
                                               Street, Kansas City, MO 64106.
                                                 Denver Office, Cesar E. Chavez                        information. This helps the Department                Officer, Office of Management.
                                               Memorial Building, 1244 Speer                           assess the impact of its information                  [FR Doc. 2018–19672 Filed 9–10–18; 8:45 am]
                                               Boulevard, Denver, CO 80204.                            collection requirements and minimize                  BILLING CODE 4000–01–P
                                                 San Francisco Office, 50 Beale Street,                the public’s reporting burden. It also
                                               San Francisco, CA 94105.                                helps the public understand the
                                                 Seattle Office, 915 Second Avenue,                    Department’s information collection
                                                                                                       requirements and provide the requested                DEPARTMENT OF ENERGY
                                               Seattle, WA 98174.
                                                 U.S. Department of Education, 400                     data in the desired format. ED is
                                                                                                                                                             Proposed Distribution of Residual
                                               Maryland Avenue SW, Washington, DC                      soliciting comments on the proposed
                                                                                                                                                             Citronelle Settlement Agreement
                                               20202.                                                  information collection request (ICR) that
                                                                                                                                                             Funds
                                               [FR Doc. 2018–19688 Filed 9–10–18; 8:45 am]
                                                                                                       is described below. The Department of
                                                                                                       Education is especially interested in                 AGENCY:  Office of Hearings and Appeals,
                                               BILLING CODE 4000–01–P
                                                                                                       public comment addressing the                         Department of Energy.
                                                                                                       following issues: (1) Is this collection              ACTION: Notice of implementation of
                                               DEPARTMENT OF EDUCATION                                 necessary to the proper functions of the              special refund procedures.
                                                                                                       Department; (2) will this information be
                                               [Docket No. ED–2018–ICCD–0093]                          processed and used in a timely manner;                SUMMARY:   The Office of Hearings and
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       (3) is the estimate of burden accurate;               Appeals (OHA) of the Department of
                                               Agency Information Collection
                                                                                                       (4) how might the Department enhance                  Energy (DOE) announces the procedures
                                               Activities; Comment Request; E-
                                                                                                       the quality, utility, and clarity of the              for the disbursement of residual funds
                                               Complaint Form(FERPA) and PPRA E-
                                                                                                       information to be collected; and (5) how              (totaling approximately $59,000)
                                               Complaint Form
                                                                                                       might the Department minimize the                     remaining in various Citronelle
                                               AGENCY:Office of Management (OM),                       burden of this collection on the                      Settlement Agreement escrow accounts
                                               Department of Education (ED).                           respondents, including through the use                to the parties to the Agreement.


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Document Created: 2018-09-11 01:03:04
Document Modified: 2018-09-11 01:03:04
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 New System of Records and Rescindment of a System of Records.
DatesSubmit your comments on the proposed new PEPS system of records notice and rescinded IPM system of records notice on or before October 11, 2018.
ContactDirector, Postsecondary Education Participants System, Office of Student Financial Assistance Programs, U.S. Department of Education, 830 First Street NE, Room 112G1, Washington, DC 20202.
FR Citation83 FR 45912 

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